938.396(2)(i)
(i) Upon request of the court assigned to exercise probate jurisdiction, the attorney general, the personal representative or special administrator of, or an attorney performing services for, the estate of a decedent in any proceeding under
chs. 851 to
879, a person interested, as defined in
s. 851.21, or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a person interested to review court records for the purpose of
s. 854.14 (5) (b), the court assigned to exercise jurisdiction under this chapter and
ch. 48 shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been adjudged delinquent on the basis of unlawfully and intentionally killing a person.
938.396(2)(j)
(j) Upon request of a fire investigator under
s. 165.55 (15) to review court records for the purpose of pursuing an investigation under
s. 165.55, the court shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent or found to be in need of protection or services under
s. 938.13 (12) or
(14) for a violation of
s. 940.08,
940.24,
941.10,
941.11,
943.01,
943.012,
943.013,
943.02,
943.03,
943.04,
943.05,
943.06 or for an attempt to commit any of those violations.
938.396(2m)(a)(a) Notwithstanding
sub. (2), upon request, a court shall open for inspection by the requester the records of the court, other than reports under
s. 938.295 or
938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation specified in
s. 938.34 (4h) (a). The requester may further disclose the information to anyone.
938.396(2m)(b)
(b) Notwithstanding
sub. (2), upon request, a court shall open for inspection by the requester the records of the court, other than reports under
s. 938.295 or
938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent at any time preceding the present proceeding and that previous adjudication remains of record and unreversed. The requester may further disclose the information to anyone.
938.396(3)
(3) This section does not apply to proceedings for violations of
chs. 340 to
349 and
351 or any county or municipal ordinance enacted under
ch. 349, except that this section does apply to proceedings for violations of
ss. 342.06 (2) and
344.48 (1), and
ss. 30.67 (1) and
346.67 (1) when death or injury occurs.
938.396(4)
(4) When a court assigned to exercise jurisdiction under this chapter and
ch. 48 or a municipal court exercising jurisdiction under
s. 938.17 (2) revokes, suspends, or restricts a juvenile's operating privilege under this chapter, the department of transportation may not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court assigned to exercise jurisdiction under this chapter and
ch. 48, a municipal court exercising jurisdiction under
s. 938.17 (2), a district attorney, county corporation counsel, or city, village, or town attorney, a law enforcement agency, the juvenile whose operating privilege is revoked, suspended, or restricted, or the juvenile's parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.
938.396(5)(a)(a) Any person who is denied access to a record under
sub. (1),
(1b),
(1d),
(1g),
(1m),
(1r) or
(1t) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:
938.396(5)(a)3.
3. The basis for the petitioner's belief that the information is contained in the records.
938.396(5)(a)4.
4. The relevance of the information sought to the petitioner's reason for seeking the information.
938.396(5)(a)5.
5. The petitioner's efforts to obtain the information from other sources.
938.396(5)(b)
(b) If the petitioner is seeking access to a record under
sub. (1),
(1b),
(1d),
(1g),
(1m) (c) or
(d),
(1r), or
(1t), the court shall notify the juvenile, the juvenile's counsel, the juvenile's parents, and appropriate law enforcement agencies in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.
938.396(5)(bm)
(bm) If the petitioner is seeking access to a record under
sub. (1m) (a),
(am),
(ar), or
(b), the court shall, without notice or hearing, make the inspection and determinations specified in
par. (c) and, if the court determines that disclosure is warranted, shall order disclosure under
par. (d). The petitioner shall provide a copy of the disclosure order to the law enforcement agency that denied access to the record, the juvenile, the juvenile's counsel, and the juvenile's parents. Any of those persons may obtain a hearing on the court's determinations by filing a motion to set aside the disclosure order within 10 days after receipt of the order. If no motion is filed within those 10 days or if, after hearing, the court determines that no good cause has been shown for setting aside the order, the law enforcement agency shall disclose the juvenile's record as ordered.
938.396(5)(c)
(c) The court shall make an inspection, which may be in camera, of the juvenile's records. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, it shall then determine whether the petitioner's need for the information outweighs society's interest in protecting its confidentiality. In making this determination, the court shall balance the following private and societal interests:
938.396(5)(c)1.
1. The petitioner's interest in recovering for the injury, damage or loss he or she has suffered against the juvenile's interest in rehabilitation and in avoiding the stigma that might result from disclosure.
938.396(5)(c)2.
2. The public's interest in the redress of private wrongs through private litigation against the public's interest in protecting the integrity of the juvenile justice system.
938.396(5)(c)3.
3. If the petitioner is a person who was denied access to a record under
sub. (1m) (a),
(am),
(ar), or
(b), the petitioner's legitimate educational interests, including safety interests, in the information against society's interest in protecting its confidentiality.
938.396(5)(d)
(d) If the court determines that disclosure is warranted, it shall order the disclosure of only as much information as is necessary to meet the petitioner's need for the information.
938.396(5)(e)
(e) The court shall record the reasons for its decision to disclose or not to disclose the juvenile's records. All records related to a decision under this subsection are confidential.
938.396(6)
(6) The victim-witness coordinator may disclose to a victim of a juvenile's act or alleged act the name and address of the juvenile and the juvenile's parents.
938.396(7)(a)(a) Notwithstanding
sub. (2) (a), if a petition under
s. 938.12 or
938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would be a felony if committed by an adult, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding
sub. (2) (a), if later the proceeding on the petition is closed, dismissed or otherwise terminated without a finding that the juvenile has committed a delinquent act, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee that the proceeding has been terminated without a finding that the juvenile has committed a delinquent act.
938.396(7)(am)
(am) Notwithstanding
sub. (2) (a) and subject to
par. (b), if a juvenile is adjudged delinquent, within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent, the nature of the violation committed by the juvenile, and the disposition imposed on the juvenile under
s. 938.34 as a result of the violation.
938.396(7)(ar)
(ar) Notwithstanding
sub. (2) (a), if school attendance is a condition of a dispositional order under
s. 938.342 (1d) or
(1g) or
938.355 (2) (b) 7., within 5 days after the date on which the dispositional order is entered, the clerk of the court assigned to exercise jurisdiction under this chapter and
ch. 48 or the clerk of the municipal court exercising jurisdiction under
s. 938.17 (2) shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile's school attendance is a condition of a dispositional order.
938.396(7)(b)
(b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in
s. 939.22 (9), that would have been a felony under
chs. 939 to
948 or
961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under
s. 938.34 as a result of that violation.
938.396(7)(bm)
(bm) Notwithstanding
sub. (2) (a), in addition to the disclosure made under
par. (am) or
(b), if a juvenile is adjudicated delinquent and as a result of the dispositional order is enrolled in a different school district or private school from the school district or private school in which the juvenile is enrolled at the time of the dispositional order, the court clerk, within 5 days after the date on which the dispositional order is entered, shall provide the school board of the juvenile's new school district, the governing body of the juvenile's new private school or the designee of the school board or governing body with the information specified in
par. (am) or
(b), whichever is applicable, and, in addition, shall notify that school board, governing body or designee of whether the juvenile has been adjudicated delinquent previously by that court, the nature of any previous violations committed by the juvenile and the dispositions imposed on the juvenile under
s. 938.34 as a result of those previous violations.
938.396(7)(c)
(c) No information from the juvenile's court records, other than information disclosed under
par. (a),
(am),
(ar),
(b), or
(bm), may be disclosed to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body except by order of the court. Any information provided under this subsection to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body shall be disclosed by the school board, governing body, or designee to employees of the school district or private school who work directly with the juvenile or who have been determined by the school board, governing body, or designee to have legitimate educational interests, including safety interests, in the information. A school district or private school employee to whom information is disclosed under this paragraph may not further disclose the information. A school board may not use any information provided under this subsection as the sole basis for expelling or suspending a juvenile or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against the juvenile. A member of a school board or of the governing body of a private school or an employee of a school district or private school may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employee acted with actual malice in failing to disclose the information. A school district or private school may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district, private school, or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.
938.396(8)
(8) Notwithstanding
sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under
s. 175.35 (2g) (c).
938.396(9)
(9) Notwithstanding
sub. (2) (a), if a juvenile is adjudged delinquent for committing a serious crime, as defined in
s. 48.685 (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under
s. 48.685 (2) (am) 1. or
(b) 1. a.
938.396 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77,
352,
440,
448;
1997 a. 27,
35,
80,
95,
181,
205,
252,
258,
281;
1999 a. 9,
32,
89;
2001 a. 95;
2003 a. 82,
292.
938.396 Annotation
The juvenile court must make a threshold relevancy determination by an in camera review when confronted with: 1) a discovery request under s. 48.293(2); 2) an inspection request of juvenile records under ss. 48.396 (2) (a) and 938.396 (2) (a); or 3) an inspection request of agency records under ss. 48.78 (2) (a) and 938.78(2) (a). The test for permissible discovery is whether the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Courtney F. v. Ramiro M.C. 2004 WI App 36,
269 Wis. 2d 709,
676 N.W.2d 545,
03-3018.
JURISDICTION OVER PERSONS 17 OR OLDER
938.44
938.44
Jurisdiction over persons 17 or older. The court has jurisdiction over persons 17 years of age or over as provided under
ss. 938.355 (4) and
938.45 and as otherwise specifically provided in this chapter.
938.44 History
History: 1995 a. 77.
938.45
938.45
Orders applicable to adults. 938.45(1)(a)(a) If in the hearing of a case of a juvenile alleged to be delinquent under
s. 938.12 or in need of protection or services under
s. 938.13 it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the juvenile, the court may make orders with respect to the conduct of such person in his or her relationship to the juvenile, including orders determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how and where funds for the maintenance or care shall be paid.
938.45(1)(b)
(b) An act or failure to act contributes to a condition of a juvenile as described in
s. 938.12 or
938.13, although the juvenile is not actually adjudicated to come within the provisions of
s. 938.12 or
938.13, if the natural and probable consequences of that act or failure to act would be to cause the juvenile to come within the provisions of
s. 938.12 or
938.13.
938.45(1m)(a)(a) In a proceeding in which a juvenile has been adjudicated delinquent or has been found to be in need of protection or services under
s. 938.13, the court may order the juvenile's parent, guardian or legal custodian to comply with any conditions determined by the court to be necessary for the juvenile's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.
938.45(1m)(b)
(b) A court may not order inpatient treatment under
par. (a) for a juvenile's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with
ch. 51.
938.45(1r)(a)(a) In a proceeding in which a juvenile has been found to have committed a delinquent act or a civil law or ordinance violation that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the court may order a parent who has custody, as defined in
s. 895.035 (1), of the juvenile to make reasonable restitution for the damage or injury. Except for recovery for retail theft under
s. 943.51, the maximum amount of any restitution ordered under this paragraph for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed $5,000. Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of expiration of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as restitution for the same act under
s. 938.34 (5) or
938.343 (4).
938.45(1r)(b)
(b) In a proceeding in which the court has determined under
s. 938.34 (8) or
938.343 (2) that the imposition of a forfeiture would be in the best interest of the juvenile and in aid of rehabilitation, the court may order a parent who has custody, as defined in
s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any forfeiture ordered under this paragraph may not exceed $5,000. Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and shall allow up to 12 months after the date of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture for the same act under
s. 938.34 (8) or
938.343 (2).
938.45(2)
(2) No order under
sub. (1) (a),
(1m) (a) or
(1r) (a) or
(b) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under
sub. (1) (a),
(1m) (a) or
(1r) (a) or
(b) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.
938.45(3)
(3) If it appears at a court hearing that any person 17 years of age or older has violated
s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of
s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.
938.45 Annotation
Municipal courts have statutory authority to order parents of a juvenile to pay a forfeiture imposed on their child for violating a nontraffic municipal ordinance.
OAG 4-00.
REHEARING AND APPEAL
938.46
938.46
New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. This section does not apply to motions made under
s. 974.07 (2).
938.46 History
History: 1995 a. 77;
2001 a. 16.
AUTHORITY
938.48
938.48
Authority of department. The department may do all of the following:
938.48(1)
(1) Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of such juveniles where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments and licensed child welfare agencies and with parents and other individuals interested in the welfare of juveniles.
938.48(2)
(2) Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all juveniles needing such services are reached.
938.48(3)
(3) Accept supervision over juveniles transferred to it by the court under
s. 938.183,
938.34 (4h),
(4m), or
(4n) or
938.357 (4), and provide special treatment or care when directed by the court. Except as provided in
s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.
938.48(4)
(4) Provide appropriate care and training for juveniles under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with
s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under
ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in
s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
938.48(4m)
(4m) Continue to provide appropriate care, training and services to any person who meets all of the following qualifications:
938.48(4m)(d)
(d) Is determined by the department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.
938.48(5)
(5) Provide for the moral and religious training of a juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) according to the religious belief of the juvenile or of the juvenile's parents.
938.48(6)
(6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.
938.48(13)
(13) Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to aftercare supervision.
938.48(14)
(14) Pay maintenance, tuition and related expenses from the appropriation under
s. 20.410 (3) (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) as a result of a judicial decision.
938.48 Cross-reference
Cross Reference: See also chs.
DOC 371,
373,
374,
375,
376,
379,
380,
381,
383,
393, and
397, Wis. adm. code.
938.49
938.49
Notification by court of placement with department; information for department. 938.49(1)
(1) When the court places a juvenile in a secured correctional facility or secured child caring institution under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the juvenile to a receiving center designated by the department or deliver the juvenile to personnel of the department.
938.49(2)
(2) When the court places a juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department, the court and all other public agencies shall also immediately transfer to the department a copy of the report submitted to the court under
s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession and shall immediately notify the juvenile's last school district in writing of its obligation under
s. 118.125 (4).
938.49 History
History: 1995 a. 77.
938.50
938.50
Examination of juveniles under supervision of department. 938.50(1)(1) The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. This examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the juvenile and the evaluation under
s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. A juvenile who is examined under this subsection shall be screened to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.
938.50(2)
(2) In making this examination the department may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the juvenile.
938.50 History
History: 1995 a. 77.
938.505
938.505
Juveniles placed under correctional supervision. 938.505(1)(1) When a juvenile is placed under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) or
(5) (e) or under the supervision of a county department under
s. 938.34 (4n), the department or county department having supervision over the juvenile shall have the right and duty to protect, train, discipline, treat and confine the juvenile and to provide food, shelter, legal services, education and ordinary medical and dental care for the juvenile, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
938.505(2)(a)(a) If a juvenile 14 years of age or over who is under the supervision of the department or a county department as described in
sub. (1) and who is not residing in his or her home wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines all of the following, the court shall grant permission for the department or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:
938.505(2)(a)1.
1. That the parent's or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, except that the court may not determine that a parent's or guardian's consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
938.505(2)(a)2.
2. That the juvenile is 14 years of age or over and is competent to consent to the administration of psychotropic medication and that the juvenile voluntarily consents to the administration of psychotropic medication.
