938.549
938.549
Juvenile classification system. 938.549(1)
(1)
Classification system; content. 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) Uses of classification system. 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) Training in use of system. 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;
2005 a. 344.
COUNTY JUVENILE WELFARE SERVICES
938.57
938.57
Powers and duties of county departments providing juvenile welfare services. 938.57(1)
(1)
County department duties; powers. 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.
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 or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under
s. 48.977 (2), contracting for services for them by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth 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 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 it 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 beliefs 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) Assistance from private individuals and organizations. In performing the functions under
sub. (1), the county department may accept the assistance of an individual or private agency or organization interested in the social welfare of juveniles in the county.
938.57(2m)
(2m) Notice of change of county of residence. A county department, as soon as practicable after learning that a person who is receiving juvenile welfare services under
sub. (1) from the county department has changed his or her county of residence, shall provide notice of that change to the county department of the person's new county of residence. The notice shall include a brief, written description of the services offered or provided to the person by the county department and the name, telephone number, and address of a person to contact for more information.
938.57(3)
(3) Continuing maintenance for juveniles over 17. 938.57(3)(a)(a) From the reimbursement received under
s. 48.569 (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, group home, residential care center for children and youth, or subsidized guardianship home.
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. 48.569 (1) (d) if the juvenile were 16 years of age.
938.57(4)
(4) Aftercare supervision. A county department may provide aftercare supervision under
s. 938.34 (4n) for juveniles who are released from juvenile correctional facilities or secured residential care centers for children and youth. 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 juvenile correctional facilities or secured residential care centers for children and youth 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)
Investigation and examination. 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 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) Report to the department. 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;
2005 a. 344.
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)
Definition. In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.
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 older, 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 older, 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). 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.
Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official 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 tribal 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, tribal 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 court may request the governing body of the tribal 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 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) Notwithstanding
par. (a), an agency shall, upon request, disclose information to 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 information involves or relates 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 disclosed under this paragraph. 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 paragraph for any purpose consistent with any proceeding under
ch. 980.
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 safety and professional services 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 safety and professional services 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(2)(h)
(h) Paragraph (a) does not prohibit the department of children and families, a county department, or a licensed child welfare agency from entering the content of any record kept or information received by that department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under
s. 48.47 (7g) or the department of children and families from transferring any information maintained in that system to the court under
s. 48.396 (3) (bm). If the department of children and families transfers that information to the court, the court and the director of state courts may allow access to that information as provided in
s. 48.396 (3) (c) 2.
938.78(2)(i)
(i) Paragraph (a) does not prohibit an agency from disclosing information to a relative of a juvenile placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the juvenile and the relative or a placement of the juvenile with the relative or from disclosing information under
s. 938.21 (5) (e),
938.355 (2) (cm), or
938.357 (2v) (d). In this paragraph, "relative" includes a relative whose relationship is derived through a parent of the juvenile whose parental rights are terminated.
938.78(3)
(3) Release of information when escape or absence; rules. 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,
948.085 (2),
948.60,
948.605, or
948.61 or any crime specified in
ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in
s. 51.01 (10), juvenile 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 juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile 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 shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.
938.78 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77,
230,
352;
1997 a. 205,
207,
283;
1999 a. 9;
2001 a. 38,
59,
109;
2003 a. 292,
321;
2005 a. 25,
277,
293,
344,
406,
434;
2007 a. 20 ss.
3834,
9121 (6) (a);
2007 a. 97;
2009 a. 79,
302,
338;
2011 a. 32,
270.
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.
938.78 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.
COMMUNITY SERVICES
938.795
938.795
Powers of the department. The department may do all of the following:
938.795(1)
(1) Collect statistics and information. Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department relating to delinquency and crime.
938.795(2)
(2) Assist communities. Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating a total community program relating to delinquency and crime, including the improvement of law enforcement.
938.795(3)
(3) Assist schools. Assist schools in extending their particular contribution in identifying and helping juveniles vulnerable to delinquency and crime and in improving school services for all youth.
938.795(4)
(4) Enlighten public opinion. Develop and maintain an enlightened public opinion in support of any program to control delinquency and crime.
938.795 History
History: 1995 a. 77;
2005 a. 344.
MISCELLANEOUS PROVISIONS
938.988
938.988
Interstate placement of juveniles. Sections 48.988 and
48.989 apply to the interstate placement of juveniles, except that
s. 48.99, rather than those sections, applies to the interstate placement of juveniles following withdrawal from the Interstate Compact on the Placement of Children as described in
s. 48.9895.
938.988 History
History: 1995 a. 77;
2009 a. 339.
938.991
938.991
Interstate compact on juveniles. The following compact, by and between the state of Wisconsin and any other state which has or shall hereafter ratify or legally join in the same, is ratified and approved:
INTERSTATE COMPACT ON JUVENILES.
The contracting states solemnly agree:
938.991(1)
(1) Article I — Findings and Purposes. That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation, extended supervision or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any 2 or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.
938.991(2)
(2) Article II — Existing Rights and Remedies. That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.
938.991(3)
(3) Article III — Definitions. That, for the purposes of this compact:
938.991(3)(a)
(a) "Court" means any court having jurisdiction over delinquent, neglected or dependent children.
938.991(3)(b)
(b) "Delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court.
938.991(3)(c)
(c) "Probation, extended supervision or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto.
938.991(3)(d)
(d) "Residence" or any variant thereof means a place at which a home or regular place of abode is maintained.
