938.38 Annotation
The time limits in sub. (3) are not a prerequisite to trial court jurisdiction. Interest of Scott Y.
175 Wis. 2d 222,
499 N.W.2d 219 (Ct. App. 1993).
938.38 Note
NOTE: The above annotation cites to s. 48.38, the predecessor statute to s. 938.38.
938.39
938.39
Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under
s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. This section does not affect criminal proceedings in circuit court that were transferred under
s. 938.18.
938.39 History
History: 1995 a. 77;
2005 a. 344.
938.39 Annotation
The extension of a previously entered dispositional order due to the juvenile's participation in an armed robbery while subject to the order was not a "disposition" of the armed robbery charge, and the subsequent prosecution of the armed robbery charge in adult court did not violate s. 48.39 [now s. 938.39] or the constitutional protection against double jeopardy. State v. Stephens,
201 Wis. 2d 82,
548 N.W.2d 108 (Ct. App. 1996),
95-2103.
938.396(1)(a)(a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under
par. (b) or
(c),
sub. (1j) or
(10), or
s. 938.293 or by order of the court.
938.396(1)(b)
(b)
Applicability. Paragraph (a) does not apply to any of the following:
938.396(1)(b)1.
1. The disclosure of information to representatives of the news media who wish to obtain information for the purpose of reporting news. A representative of the news media who obtains information under this subdivision may not reveal the identity of the juvenile involved.
938.396(1)(b)2.
2. The confidential exchange of information between a law enforcement agency and officials of the school attended by the juvenile. A public school official who obtains information under this subdivision shall keep the information confidential as required under
s. 118.125, and a private school official who obtains information under this subdivision shall keep the information confidential in the same manner as is required of a public school official under
s. 118.125.
938.396(1)(b)3.
3. The confidential exchange of information between a law enforcement agency and another law enforcement agency. A law enforcement agency that obtains information under this subdivision shall keep the information confidential as required under
par. (a) and
s. 48.396 (1).
938.396(1)(b)4.
4. The confidential exchange of information between a law enforcement agency and a social welfare agency. A social welfare agency that obtains information under this subdivision shall keep the information confidential as required under
ss. 48.78 and
938.78.
938.396(1)(b)5.
5. The disclosure of information relating to a juvenile 10 years of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.
938.396(1)(c)
(c)
Exceptions. Notwithstanding
par. (a), law enforcement agency records of juveniles may be disclosed as follows:
938.396(1)(c)1.
1. If requested by the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report, or if requested by the juvenile, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or juvenile a copy of that report.
938.396(1)(c)2.
2. Upon the written permission of the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report or upon the written permission of the juvenile, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or juvenile in the written permission.
938.396(1)(c)3.
3. A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school, or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator, or designee, for use as provided in
s. 118.127 (2), any information in its records relating to any of the following:
938.396(1)(c)3.a.
a. The use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district or private school.
938.396(1)(c)3.c.
c. An act for which a juvenile enrolled in the school district or private school was taken into custody under
s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law.
938.396(1)(c)3.d.
d. An act for which a juvenile enrolled in the public school district or private school was adjudged delinquent.
938.396(1)(c)4.
4. A law enforcement agency may enter into an interagency agreement with a school board, a private school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under
subs. (1) (b) 2. and
(c) 3. to the school board, private school, social welfare agency, or other law enforcement agency.
938.396(1)(c)5.
5. If requested by a victim of a juvenile's act, a law enforcement agency may, subject to official agency policy, disclose to the victim any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents. The victim may use and further disclose the information only for the purpose of recovering for the injury, damage or loss suffered as a result of the juvenile's act.
938.396(1)(c)6.
6. If requested by the victim-witness coordinator, a law enforcement agency shall disclose to the victim-witness coordinator any information in its records relating to the enforcement of rights under the constitution, this chapter, and
s. 950.04 or the provision of services under
s. 950.06 (1m), including the name and address of the juvenile and the juvenile's parents. The victim-witness coordinator may use the information only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in
s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter, and
ch. 950. The victim-witness coordinator may also use the information to disclose the name and address of the juvenile and the juvenile's parents to the victim of the juvenile's act.
938.396(1)(c)7.
7. If a juvenile has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the insurer of the victim, as defined in
s. 938.02 (20m) (a) 1., may request a law enforcement agency to disclose to the insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.
938.396(1)(c)8.
8. If requested by a fire investigator under
s. 165.55 (15), a law enforcement agency may, subject to official agency policy, disclose to the fire investigator any information in its records relating to a juvenile as necessary for the fire investigator to pursue his or her investigation under
s. 165.55. The fire investigator may use and further disclose the information only for the purpose of pursuing that investigation.
938.396(1)(d)
(d)
Law enforcement access to school records. On petition of a law enforcement agency to review pupil records, as defined in
s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under
s. 118.125 (2) or
(2m), for the purpose of pursuing an investigation of any alleged delinquent or criminal activity or on petition of a fire investigator under
s. 165.55 (15) to review those pupil records for the purpose of pursuing an investigation under
s. 165.55 (15), the court may order the school board of the school district, or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency or fire investigator the pupil records of that juvenile as necessary for the law enforcement agency or fire investigator to pursue the investigation. The law enforcement agency or fire investigator may use the pupil records only for the purpose of the investigation and may make the pupil records available only to employees of the law enforcement agency or fire investigator who are working on the investigation.
938.396(1j)
(1j) Law enforcement records, court-ordered disclosure. 938.396(1j)(a)(a) Any person who is denied access to a record under
sub. (1) (a) or
(10) may petition the court to order the disclosure of the record. The petition shall be in writing and shall describe as specifically as possible all of the following:
938.396(1j)(a)3.
3. The basis for the petitioner's belief that the information is contained in the records.
938.396(1j)(a)4.
4. The relevance of the information sought to the petitioner's reason for seeking the information.
938.396(1j)(a)5.
5. The petitioner's efforts to obtain the information from other sources.
938.396(1j)(b)
(b) Subject to
par. (bm), the court, on receipt of a petition, 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(1j)(bm)
(bm) If the petitioner is seeking access to a record under
sub. (1) (c) 3., 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(1j)(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(1j)(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(1j)(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(1j)(c)3.
3. If the petitioner is a person who was denied access to a record under
sub. (1) (c) 3., the petitioner's legitimate educational interests, including safety interests, in the information against society's interest in protecting its confidentiality.
938.396(1j)(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(1j)(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(2)
(2) Court records; confidentiality. Records of the court assigned to exercise jurisdiction under this chapter and
ch. 48 and of municipal courts exercising jurisdiction under
s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and
ch. 48 or as permitted under
sub. (2g) or
(10).
938.396(2g)
(2g) Confidentiality of court records; exceptions. Notwithstanding
sub. (2), records of the court assigned to exercise jurisdiction under this chapter and
ch. 48 and of courts exercising jurisdiction under
s. 938.17 (2) may be disclosed as follows:
938.396(2g)(ag)
(ag)
Request of parent or juvenile. Upon request of the parent, guardian, or legal custodian of a juvenile who is the subject of a record of a court assigned to exercise jurisdiction under this chapter and
ch. 48 or of a municipal court exercising jurisdiction under
s. 938.17 (2), or upon request of the juvenile, if 14 years of age or over, the court that is the custodian of the record shall open for inspection by the parent, guardian, legal custodian, or juvenile its records relating to that juvenile, unless that court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian, or juvenile would result in imminent danger to anyone.
938.396(2g)(am)
(am)
Permission of parent or juvenile. Upon the written permission of the parent, guardian, or legal custodian of a juvenile who is the subject of a record of a court assigned to exercise jurisdiction under this chapter and
ch. 48 or of a municipal court exercising jurisdiction under
s. 938.17 (2), or upon written permission of the juvenile if 14 years of age or over, the court that is the custodian of the record shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian, or juvenile in the written permission, unless e that court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.
938.396(2g)(b)
(b)
Federal program monitoring. Upon request of the department, the department of children and families, or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under
45 CFR 1355,
1356, and
1357, the court shall open those records for inspection by authorized representatives of that department or federal agency.
938.396(2g)(c)
(c)
Law enforcement agencies. Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in
s. 941.38 (1) (b), the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been 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.
938.396(2g)(d)
(d)
Bail; impeachment; firearm possession. Upon request of a court of criminal jurisdiction or a district attorney to review court records for the purpose of setting bail under
ch. 969, impeaching a witness under
s. 906.09, or investigating and determining whether a person has possessed a firearm in violation of
s. 941.29 (2) or body armor in violation of
s. 941.291 (2) or upon request of a court of civil jurisdiction or the attorney for a party to a proceeding in that court to review court records for the purpose of impeaching a witness under
s. 906.09, the court assigned to exercise jurisdiction under this chapter and
ch. 48 shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.
938.396(2g)(dm)
(dm)
Delinquency or criminal defense. Upon request of a defense counsel to review court records for the purpose of preparing his or her client's defense to an allegation of delinquent or criminal activity, the court shall open for inspection by authorized representatives of the requester the records of the court relating to that client.
938.396(2g)(dr)
(dr)
Presentence investigation. Upon request of the department of corrections or any other person preparing a presentence investigation under
s. 972.15 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.
938.396(2g)(em)
(em)
Sex offender registration. Upon request of the department to review court records for the purpose of obtaining information concerning a juvenile who is required to register under
s. 301.45, the court shall open for inspection by authorized representatives of the department the records of the court relating to any juvenile who has been adjudicated delinquent or found in need of protection or services or not responsible by reason of mental disease or defect for an offense specified in
s. 301.45 (1g) (a). The department may disclose information that it obtains under this paragraph as provided under
s. 301.46.
938.396(2g)(f)
(f)
Victim-witness coordinator. Upon request of the victim-witness coordinator to review court records for the purpose of enforcing rights under the constitution, this chapter, and
s. 950.04 and providing services under
s. 950.06 (1m), the court shall open for inspection by the victim-witness coordinator the records of the court relating to the enforcement of those rights or the provision of those services, including the name and address of the juvenile and the juvenile's parents. The victim-witness coordinator may use any information obtained under this paragraph only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in
s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter and
ch. 950. The victim-witness coordinator may also use that information to disclose the name and address of the juvenile and the juvenile's parents to the victim of the juvenile's act.
938.396(2g)(fm)
(fm)
Victim's insurer. Upon request of an insurer of the victim, as defined in
s. 938.02 (20m) (a) 1., the court shall disclose to an authorized representative of the requester the amount of restitution, if any, that the court has ordered a juvenile to make to the victim.
938.396(2g)(g)
(g)
Paternity of juvenile. Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under
s. 59.53 (6) (a) or a party to a paternity proceeding under
subch. IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and
ch. 48 relating to the paternity of a juvenile for the purpose of determining the paternity of the juvenile or for the purpose of rebutting the presumption of paternity under
s. 891.405 or
891.41, the court assigned to exercise jurisdiction under this chapter and
ch. 48 shall open for inspection by the requester its records relating to the paternity of the juvenile or disclose to the requester those records.
938.396(2g)(gm)
(gm)
Other courts. Upon request of any court assigned to exercise jurisdiction under this chapter and
ch. 48, any municipal court exercising jurisdiction under
s. 938.17 (2), or a district attorney, corporation counsel, or city, village, or town attorney to review court records for the purpose of any proceeding in that court or upon request of the attorney or guardian ad litem for a party to a proceeding in that court to review court records for the purpose of that proceeding, the court assigned to exercise jurisdiction under this chapter and
ch. 48 or the municipal court exercising jurisdiction under
s. 938.17 (2) shall open for inspection by any authorized representative of the requester its records relating to any juvenile who has been the subject of a proceeding under this chapter.
938.396(2g)(h)
(h)
Custody of juvenile. Upon request of the court having jurisdiction over an action affecting the family or of an attorney for a party or a guardian ad litem in an action affecting the family to review court records for the purpose of considering the custody of a juvenile, the court assigned to exercise jurisdiction under this chapter and
ch. 48 or a municipal court exercising jurisdiction under
s. 938.17 (2) shall open for inspection by an authorized representative of the requester its records relating to any juvenile who has been the subject of a proceeding under this chapter.
938.396(2g)(i)
(i)
Probate court. 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(2g)(j)
(j)
Fire investigator. 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, or
943.06 or for an attempt to commit any of those violations.
938.396(2g)(k)
(k)
Serious juvenile offenders. Upon request of any person, the 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(2g)(L)
(L)
Repeat offenders. Upon request of any person, the 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(2g)(m)1.1. 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. 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, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body that the proceeding has been terminated without a finding that the juvenile has committed a delinquent act.
938.396(2g)(m)2.
2. Subject to
subd. 4., 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(2g)(m)3.
3. 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(2g)(m)4.
4. 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(2g)(m)5.
5. In addition to the disclosure made under
subd. 2. or
4., 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
subd. 2. or
4., 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(2g)(m)6.
6. Except as required under
subds. 1. to
5. or by order of the court, no information from the juvenile's court records 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. Any information from a juvenile's court records provided 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 that information is disclosed may not further disclose the information. A school board may not use any information from a juvenile's court records 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 subdivision 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 subdivision 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(2g)(n)
(n)
Firearms restriction record search. 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(2g)(o)
(o)
Criminal history record search. 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(3)
(3) Motor vehicle violation records. 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) Operating privilege records. 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.
Effective date note
NOTE: Sub. (4) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(4) Operating privilege records. 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, a driver licensing agency of another jurisdiction, 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(10)
(10) Sexually violent person commitment. A law enforcement agency's records and records of the court assigned to exercise jurisdiction under this chapter and
ch. 48 shall be open for inspection by authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under
ch. 980, if the records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under
ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this subsection. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this subsection for any purpose consistent with any proceeding under
ch. 980.
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;
2005 a. 344,
434;
2005 a. 443 s.
265;
2007 a. 20 ss.
3826 to
3827,
9121 (6) (a);
2007 a. 97.
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) and 938.396 (2); 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 older as provided under
ss. 938.355 (4) and
938.45 and as otherwise specified in this chapter.
938.44 History
History: 1995 a. 77;
2005 a. 344.
938.45
938.45
Orders applicable to adults. 938.45(1)
(1)
Orders when adult contributed to condition of juvenile. 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 older 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 that person in his or her relationship to the juvenile, including orders relating to 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, even if the juvenile is not found 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)
(1m) Orders imposing conditions on juvenile's parent, guardian, or legal custodian. 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 may include participation in mental health treatment, anger management, individual or family counseling or parent training and education, and a requirement for a reasonable contribution, based on ability to pay, toward the cost of those services.
