938.538 Cross-reference
Cross Reference: See also ch.
DOC 396, Wis. adm. code.
938.538 Annotation
Placement in the serious juvenile offender program must occur at an original disposition. It is not a disposition to extend, revise, or change a placement already in effect. State v. Terry T. 2002 WI App 81,
251 Wis. 2d 462,
643 N.W.2d 175.
938.539(1)(1) A juvenile who is placed in a Type 2 child caring institution under
s. 938.34 (4d) or who, having been so placed, is replaced in a less restrictive placement under
s. 938.357 (4) (c) is under the supervision and control of the county department, is subject to the rules and discipline of the county department and is considered to be in custody, as defined in
s. 946.42 (1) (a).
938.539(2)
(2) A juvenile who is placed in a Type 2 secured correctional facility under
s. 938.357 (4) (a) or who, having been so placed, is replaced in a less restrictive placement under
s. 938.357 (4) (c) is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in
s. 946.42 (1) (a).
938.539(3)
(3) Notwithstanding
ss. 938.19 to
938.21, if a juvenile placed in a Type 2 child caring institution under
s. 938.34 (4d) or
938.357 (4) (c) or in a Type 2 secured correctional facility under
s. 938.357 (4) (a) or
(c) violates a condition of his or her placement in the Type 2 child caring institution or Type 2 secured correctional facility, the juvenile may be placed in a Type 1 secured correctional facility as provided in
s. 938.357 (4) (b). This subsection does not preclude a juvenile who has violated a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution from being taken into and held in custody under
ss. 938.19 to
938.21.
938.539(4)
(4) Any intentional failure of a juvenile placed in a Type 2 child caring institution under
s. 938.34 (4d) or
938.357 (4) (c) or in a Type 2 secured correctional facility under
s. 938.357 (4) (a) or
(c) to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the Type 2 child caring institution or Type 2 secured correctional facility is considered an escape under
s. 946.42 (3) (c).
938.539(5)
(5) With respect to a juvenile who is placed in a residential care center for children and youth or a secured child caring institution under
s. 938.34 (4d) or
938.357 (4) (a) or in a less restrictive placement under
s. 938.357 (4) (c), the child welfare agency operating the residential care center for children and youth or secured child caring institution in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that residential care center for children and youth, secured child caring institution, or less restrictive placement as a Type 2 child caring institution or a Type 2 secured correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a residential care center for children and youth, secured child caring institution, or less restrictive placement in which a juvenile is placed under
s. 938.34 (4d) or
938.357 (4) (a) or
(c) a juvenile who is not placed under
s. 938.34 (4d) or
938.357 (4) (a) or
(c).
938.539(6)
(6) The department shall promulgate rules to implement this section.
938.539 History
History: 1995 a. 352;
2001 a. 16,
59.
938.539 Cross-reference
Cross Reference: See also chs.
DOC 394 and
396, Wis. adm. code.
938.54
938.54
Records. The department shall keep a complete record on each juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department.
938.54 History
History: 1995 a. 77.
938.547
938.547
Juvenile alcohol and other drug abuse pilot program. 938.547(1)(1)
Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and
ch. 48 in the pilot counties selected by the department.
938.547(2)
(2) Department responsibilities. Within the availability of funding under
s. 20.435 (7) (mb) that is available for the pilot program, the department of health and family services shall select counties to participate in the pilot program. Unless a county department of human services has been established under
s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department of health and family services shall be a joint application by the county department that provides social services and the county department established under
s. 51.42 or
51.437. The department of health and family services shall select counties in accordance with the request-for-proposal procedures established by that department. The department of health and family services shall give a preference to county applications that include a plan for case management.
938.547(3)
(3) Multidisciplinary screen. The multidisciplinary screen developed for the pilot program shall be used by an intake worker to determine whether or not a juvenile is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen juveniles for:
938.547 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77,
448.
938.548
938.548
Multidisciplinary screen and assessment criteria. The department of health and family services shall make the multidisciplinary screen developed under
s. 938.547 (3) and the assessment criteria developed under
s. 938.547 (4) available to all counties.
938.548 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77.
938.549
938.549
Juvenile classification system. 938.549(1)
(1) The department shall make available to all counties a juvenile classification system that includes at least all of the following:
938.549(1)(a)
(a) A risk assessment instrument for determining the probability that a juvenile who has committed an offense will commit another offense.
938.549(1)(b)
(b) A needs assessment instrument for determining the service needs of a juvenile who has committed an offense.
938.549(1)(c)
(c) A services and placement guide for integrating the risk and needs of a juvenile who has committed an offense with other factors to determine an appropriate placement and level of services for the juvenile.
938.549(2)
(2) A county may use the juvenile classification system to do any of the following:
938.549(2)(a)
(a) At the time of an intake inquiry, determine whether to close a case, enter into a deferred prosecution agreement or refer the case to the district attorney.
938.549(2)(b)
(b) At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile.
938.549(2)(c)
(c) After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision.
938.549(3)
(3) Subject to the availability of resources, the department may provide training and technical assistance in the use of the juvenile classification system to any county that requests that training and technical assistance.
938.549 History
History: 1995 a. 77.
COUNTY JUVENILE WELFARE SERVICES
938.57
938.57
Powers and duties of county departments providing juvenile welfare services. 938.57(1)
(1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for juvenile welfare purposes by the county board of supervisors or donated by individuals or private organizations. A county department may do any of the following:
938.57(1)(a)
(a) Investigate the conditions surrounding delinquent juveniles and juveniles in need of protection or services within the county and take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any juvenile who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.
938.57(1)(b)
(b) Accept legal custody or supervision of juveniles transferred to it by the court under
s. 938.355 and provide special treatment or care if ordered by the court. Except as provided in
s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care under this paragraph.
938.57(1)(c)
(c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions or secured group homes in accordance with rules promulgated under
ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county 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 county department and the school district shall be resolved by the state superintendent of public instruction.
938.57(1)(cm)
(cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to the county department by the court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.57(1)(d)
(d) Provide for the moral and religious training of juveniles in its care according to the religious belief of the juvenile or of his or her parents.
938.57(1)(g)
(g) Upon request of the department, provide service for any juvenile in the care of the department.
938.57(1)(h)
(h) Contract with any parent or guardian or other person for the care and maintenance of any juvenile.
938.57(2)
(2) In performing the functions specified in
sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of juveniles in the county.
938.57(3)(a)(a) From the reimbursement received under
s. 46.495 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications:
938.57(3)(a)2.
2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.
938.57(3)(a)4.
4. Is living in a foster home, treatment foster home, group home, or residential care center for children and youth.
938.57(3)(b)
(b) The funding provided for the maintenance of a juvenile under
par. (a) shall be in an amount equal to that to which the juvenile would receive under
s. 46.495 (1) (d) if the juvenile were 16 years of age.
938.57(4)
(4) A county department may provide aftercare supervision under
s. 938.34 (4n) for juveniles who are released from secured correctional facilities, secured child caring institutions or secured group homes. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities, secured child caring institutions or secured group homes, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.
938.59
938.59
Examination and records. 938.59(1)
(1) The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under
s. 938.34 (4d) or
(4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection 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. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.
938.59(2)
(2) At the department's request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department.
938.59 History
History: 1995 a. 77,
352.
938.595
938.595
Duration of control of county departments over delinquents. Except as provided in
s. 48.366, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under
s. 938.34 (4d) or
(4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.
938.595 History
History: 1995 a. 77,
352.
GENERAL PROVISIONS ON RECORDS
938.78
938.78
Confidentiality of records. 938.78(1)
(1) In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.
938.78(2)(a)(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under
sub. (3) or
s. 938.371,
938.38 (5) (b) or
(d) or
(5m) (d), or
938.51 or by order of the court.
938.78(2)(ag)
(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal custodian, or juvenile, unless the agency finds that inspection of the record by the juvenile, parent, guardian, or legal custodian would result in imminent danger to anyone.
938.78(2)(am)
(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian, or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.
938.78(2)(b)1.1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under
s. 165.55 (15), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and
s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under
ss. 48.396 (1) and
938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under
s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under
s. 118.125.
938.78(2)(b)1m.
1m. An agency may enter into an interagency agreement with a school board, a private school, a law enforcement agency, or another social welfare agency providing for the routine disclosure of information under
subd. 1. to the school board, private school, law enforcement agency, or other social welfare agency.
938.78(2)(b)2.
2. On petition of an agency to review pupil records, as defined in
s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under
s. 118.125 (2) or
(2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district, or the governing body of the private school, in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employees of the agency who are providing treatment or care for the individual.
938.78(2)(d)
(d) Paragraph (a) does not prohibit the department of health and family services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s.
48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s.
48.34 (4n), 1993 stats., or
s. 938.34 (4d) or
(4n) to the department of corrections, if the individual is at the time of disclosure any of the following:
938.78(2)(e)
(e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under
s. 938.183 or
938.34 for a sexually violent offense, as defined in
s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under
ch. 980 or to an attorney who represents a person subject to a petition under
ch. 980. The court in which the petition under
s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.
938.78(2)(g)
(g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under
ch. 448,
455 or
457. Unless authorized by an order of the court, the department of regulation and licensing and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.
938.78(3)
(3) If a juvenile adjudged delinquent under s.
48.12, 1993 stats., or s.
938.12 or found to be in need of protection or services under s.
48.13 (12), 1993 stats., or s.
48.13 (14), 1993 stats., or s.
938.13 (12) or
(14) on the basis of a violation of s.
943.23 (1m) or
(1r), 1999 stats., or
s. 941.10,
941.11,
941.20,
941.21,
941.23,
941.235,
941.237,
941.24,
941.26,
941.28,
941.295,
941.298,
941.30,
941.31,
941.32,
941.325,
943.02,
943.03,
943.04,
943.10 (2) (a),
943.23 (1g),
943.32 (2),
948.02,
948.025,
948.03,
948.05,
948.055,
948.60,
948.605, or
948.61 or any crime specified in
ch. 940 has escaped from a secured correctional facility, residential care center for children and youth, secured group home, inpatient facility, as defined in
s. 51.01 (10), secure detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a secured correctional facility, residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.
938.78 Annotation
As a juvenile has a constitutional right to both inspect and reply to a hearing examiner's report on the revocation of aftercare supervision, s. 48.78 does not prevent a juvenile from having access to the report. State ex rel. R.R. v. Schmidt,
63 Wis. 2d 82,
216 N.W.2d 18 (1974).
938.78 Note
NOTE: The above annotation cites to s. 48.78, the predecessor statute to s. 938.78.
