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(2m)(a)(a) In this subsection, "court" means the court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.396(2m)(b)1.1. The court shall make information relating to a proceeding under this chapter that is contained in the electronic records of the court available to any other court assigned to exercise jurisdiction under this chapter and
ch. 48, a municipal court exercising jurisdiction under
s. 938.17 (2), a court of criminal jurisdiction, a person representing the interests of the public under
s. 48.09 or
938.09, an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a court assigned to exercise jurisdiction under this chapter or
ch. 48 or a municipal court, a district attorney prosecuting a criminal case, a law enforcement agency, or the department, regardless of whether the person to whom the information is disclosed is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created. The director of state courts may use the circuit court automated information systems established under
s. 758.19 (4) to make information contained in the electronic records of the court available as provided in this subdivision.
938.396(2m)(b)2.
2. Subdivision 1. does not authorize disclosure of any information relating to the physical or mental health of an individual or that deals with any other sensitive personal matter of an individual, including information contained in a patient health care record, as defined in
s. 146.81 (4), a treatment record, as defined in
s. 51.30 (1) (b), the record of a proceeding under
s. 48.135, a report resulting from an examination or assessment under
s. 938.295, a court report under
s. 938.33, or a permanency plan under
s. 938.38, except with the informed consent of a person authorized to consent to that disclosure, by order of the court, or as otherwise permitted by law.
938.396(2m)(c)1g.1g. A court assigned to exercise jurisdiction under this chapter and
ch. 48, a municipal court exercising jurisdiction under
s. 938.17 (2), or a court of criminal jurisdiction shall keep any information made available to that court under
par. (b) 1. confidential and may use or allow access to that information only for the purpose of conducting or preparing for a proceeding in that court. That court may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created.
938.396(2m)(c)1m.
1m. A person representing the interests of the public under
s. 48.09 or
938.09, an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a court assigned to exercise jurisdiction under this chapter or
ch. 48 or a municipal court, or a district attorney prosecuting a criminal case shall keep any information made available to that person under
par. (b) 1. confidential and may use or allow access to that information only for the purpose of performing his or her official duties relating to a proceeding in a court assigned to exercise jurisdiction under this chapter and
ch. 48, a municipal court, or a court of criminal jurisdiction. That person may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created.
938.396(2m)(c)1p.
1p. A law enforcement agency shall keep any information made available to the law enforcement agency under
par. (b) 1. confidential and may use or allow access to that information only for the purpose of investigating alleged criminal activity or activity that may result in a court exercising jurisdiction under
s. 938.12 or
938.13 (12). A law enforcement agency may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created.
938.396(2m)(c)1r.
1r. The department shall keep any information made available to the department under
par. (b) 1. confidential and may use or allow access to that information only for the purpose of providing services under
s. 48.06,
48.067,
48.069,
938.06,
938.067, or
938.069. The department may allow that access regardless of whether the person who is allowed that access is a party to or is otherwise involved in the proceedings in which the electronic records containing that information were created.
938.396(2m)(c)2.
2. An individual who is allowed under
subd. 1g.,
1m.,
1p., or
1r. to have access to any information made available under
par. (b) 1. shall keep the information confidential and may use and further disclose the information only for the purpose described in
subd. 1g.,
1m.,
1p., or
1r.
938.396(2m)(d)
(d) Any person who intentionally uses or discloses information in violation of
par. (c) may be required to forfeit not more than $5,000.
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, 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;
2009 a. 302,
309,
338;
2011 a. 35,
165,
260,
270;
2013 a. 168 s.
21;
2013 a. 252.
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.
938.396 Annotation
Applicable law allows electronic transmission of certain confidential case information among clerks of circuit court, county sheriff's offices, and the Department of Justice through electronic interfaces involving the Department of Administration's Office of Justice Assistance, specifically including electronic data messages about arrest warrants issued in juvenile cases that are confidential under sub. (2).
OAG 2-10.
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),
938.357 (6),
938.365 (5), and
938.45 and as otherwise specified in this chapter.
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.
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)
(1r) Order for parent to pay restitution or forfeiture. 938.45(1r)(a)(a) In a proceeding in which a juvenile is 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 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. The order shall include a finding that the parent 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 may not exceed $5,000. The order shall include a finding that the parent 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) Right to hearing on orders. 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 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. A person who fails to comply with an 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) Prosecution of adult contributing to delinquency of juvenile. 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. This subsection does not prohibit prosecution of violations of
s. 948.40 without the prior reference by the court to the district attorney.
938.45 Annotation
The plain meaning of "person" in sub. (1) refers to natural persons. Consequently, a school district is not capable of contributing to the delinquency of a minor under this statute. Accordingly, the circuit court erred as a matter of law when it relied on this provision to obtain authority over a school district. Madison Metropolitan School District v. Circuit Court for Dane County,
2011 WI 72,
336 Wis. 2d 95,
800 N.W.2d 442,
09-2845.
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.
938.47
938.47
Motion for postdisposition relief and appeal. 938.47(1)(1)
Appeal by respondent. A motion for postdisposition relief from a final order or judgment by a person subject to this chapter shall be made in the time and manner provided in
ss. 809.30 to
809.32. An appeal from a final order or judgment entered under this chapter or from an order denying a motion for postdisposition relief by a person subject to this chapter shall be taken in the time and manner provided in
ss. 808.04 (3) and
809.30 to
809.32. The person shall file a motion for postdisposition relief in circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.
938.47(2)
(2) Appeal by state. An appeal by the state from a final judgment or order under this chapter may be taken to the court of appeals within the time specified in
s. 808.04 (4) and in the manner provided for civil appeals under
chs. 808 and
809.
938.47 History
History: 2009 a. 26.
AUTHORITY
938.48
938.48
Authority of department. The department may do all of the following:
938.48(1)
(1) Enforcement of laws. 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 those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.
938.48(2)
(2) Juvenile welfare services. 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) Supervision and special treatment or care. 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 to juveniles 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) Care, training, and placement. 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 group homes under
s. 48.63 or in independent living situations as provided in
s. 938.34 (3) (e), contracting for their care 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 department may not purchase the educational component of private day treatment programs for a juvenile 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 for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
938.48(4m)
(4m) Continuing care and services for juveniles over 17. 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 the person for gainful employment and has requested and consented to receive the care and services.
938.48(5)
(5) Moral and religious training. 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 beliefs of the juvenile or of the juvenile's parents.
938.48(6)
(6) Emergency surgery. 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 the 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(8p)
(8p) Indian juvenile placements. Reimburse Indian tribes and county departments, from the appropriation under
s. 20.410 (3) (kp), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.
938.48(13)
(13) Allowances and cash grants. 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) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under
s. 20.410 (3) (ho) for persons who, when they attained 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 prepare them for gainful employment, and who upon attaining 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)
Notice to department of placement. When a court places a juvenile in a juvenile correctional facility or secured residential care center for children and youth 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 department personnel.
938.49(2)
(2) Transfer of court report and pupil records. When a court places a juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department, the court and all other public agencies shall immediately do all of the following:
938.49(2)(a)
(a) 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.
938.49(2)(b)
(b) Notify the juvenile's last school district or, if the juvenile was last enrolled in a private school participating in the program under
s. 118.60 or in the program under
s. 119.23, the private school, in writing of its obligation under
s. 118.125 (4).
938.50
938.50
Examination of juveniles under supervision of department. 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. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under
s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. The department shall screen a juvenile who is examined under this section 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. In making the examination the department may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.
938.50 History
History: 1995 a. 77;
2005 a. 344.
938.505
938.505
Juveniles placed under correctional supervision. 938.505(1)(1)
Rights and duties of department or county department. 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 older is under the supervision of the department or a county department as described in
sub. (1), is not residing in his or her home, and 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 that all of the following apply, 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. The parent's or guardian's consent is unreasonably withheld, the parent or guardian cannot be found, or 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. The juvenile is 14 years of age or older, is competent to consent to the administration of psychotropic medication, and voluntarily consents to the administration of psychotropic medication.
938.505(2)(a)3.
3. The juvenile, based on the recommendation of a physician, is in need of psychotropic medication, and psychotropic medication is appropriate for the juvenile's needs and is the least restrictive treatment consistent with those needs.
938.505(2)(b)
(b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition. The hearing shall be held within that 10-day period.
938.505 History
History: 1995 a. 77;
2005 a. 344.
938.505 Cross-reference
Cross-reference: See also chs.
DOC 375 and
383, Wis. adm. code.
938.51
938.51
Notification of release or escape of juvenile from correctional custody or supervision. 938.51(1)
(1)
Release from secured facility or supervision. At least 15 days prior to the date of release from a juvenile correctional facility or a secured residential care center for children and youth of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:
938.51(1)(a)
(a) Notify all of the following local agencies in the community in which the juvenile will reside of the juvenile's return to the community:
