48.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to achieve the permanency goal of the permanency plan, including, if appropriate, through an out-of-state placement.
48.38(5)(c)7m.
7m. If the permanency goal of the child's permanency plan is placement of the child in a planned permanent living arrangement described in sub.
(4) (fg) 5., the steps taken by the agency, including consultation with the child, to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the child's caregiver is applying the reasonable and prudent parent standard to decisions concerning the child's participation in those activities.
48.38(5)(c)8.
8. If the child has one or more siblings, as defined in sub.
(4) (br) 1., who have also been removed from the home, whether reasonable efforts were made by the agency to place the child in a placement that enables the sibling group to remain together, unless the court or panel determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the court or panel shall determine whether reasonable efforts were made by the agency to provide for frequent visitation or other ongoing interaction between the child and those siblings, unless the court or panel determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.
48.38(5)(c)8m.
8m. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, whether active efforts under s.
48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family, whether those efforts have proved unsuccessful, whether the Indian child's placement is in compliance with the order of placement preference under s.
48.028 (7) (b) or, if applicable, s.
48.028 (7) (c), and, if the placement is not in compliance with that order, whether there is good cause, as described in s.
48.028 (7) (e), for departing from that order.
48.38(5)(c)9.
9. If the child is the subject of an order that terminates as provided in s.
48.355 (4) (b) 4.,
48.357 (6) (a) 4. or
48.365 (5) (b) 4. or of a voluntary transition-to-independent-living agreement under s.
48.366 (3), the appropriateness of the transition-to-independent-living plan developed under s.
48.385 (1); the extent of compliance with that plan by the child, the child's guardian, if any, the agency primarily responsible for providing services under that plan, and any other service providers; and the progress of the child toward making the transition to a successful adulthood.
48.38(5)(d)
(d) Notwithstanding s.
48.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the child's parent, guardian, and legal custodian, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe a copy of the permanency plan and any written comments submitted under par.
(bm) 1. Notwithstanding s.
48.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
48.38(5)(e)
(e) Within 30 days, the agency shall prepare a written summary of the determinations under par.
(c) and shall provide a copy to the court that entered the order; the child or the child's counsel or guardian ad litem; the person representing the interests of the public; the child's parent, guardian, or legal custodian; the child's court-appointed special advocate; the child's foster parent, the operator of the facility where the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
48.38(5)(f)
(f) If the summary prepared under par.
(e) indicates that the review panel made recommendations that conflict with the child's dispositional order or that provide for additional services not specified in the dispositional order, the agency primarily responsible for providing services to the child shall request a revision of the dispositional order.
48.38(5m)(a)(a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub.
(5) (c) for each child for whom a permanency plan is required under sub.
(2) no later than 12 months after the date on which the child was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the child is placed outside the home. The 12-month periods referred to in this paragraph include trial reunifications under s.
48.358.
48.38(5m)(b)
(b) The court shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par.
(c) 1. The court shall notify the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; the child's school; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par.
(c) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the hearing. The notice to the child's school shall also include the name and contact information for the caseworker or social worker assigned to the child's case.
48.38(5m)(c)1.1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative who is provided notice of the hearing under par.
(b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub.
(5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, court-appointed special advocate, agency, school, or person representing the interests of the public who is provided notice of the hearing under par.
(b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub.
(5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, operator of a facility, or relative who receives notice of a hearing under par.
(b) and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.
48.38(5m)(c)2.
2. If the child's permanency plan includes a statement under sub.
(4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under sub.
(4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child's caseworker, the child's counsel, or, subject to s.
48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the child to be physically present at the hearing.
48.38(5m)(c)3.
3. If the permanency goal of the child's permanency plan is placement of the child in a planned permanent living arrangement described in sub.
(4) (fg) 5., the agency that prepared the permanency plan shall present to the court specific information showing that intensive and ongoing efforts were made by the agency, including searching social media, to return the child to the child's home or to place the child for adoption, with a guardian, or with a fit and willing relative and that those efforts have proved unsuccessful and specific information showing the steps taken by the agency, including consultation with the child, to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities and to ensure that the child's caregiver is applying the reasonable and prudent parent standard to decisions concerning the child's participation in those activities. In addition, at the hearing the court shall consult with the child about the permanency outcome desired by the child.
48.38(5m)(d)
(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par.
(c) 1. to the court, to the child's parent, guardian, and legal custodian, to the person representing the interests of the public, to the child's counsel or guardian ad litem, to the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, to the Indian child's Indian custodian and tribe. Notwithstanding s.
48.78 (2) (a), the person representing the interests of the public, the child's counsel or guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside of the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
48.38(5m)(e)
(e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub.
(5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child's parent, guardian, and legal custodian; the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. The court shall make the findings specified in sub.
(5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub.
(5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.
48.38(5m)(f)
(f) If the findings of fact and conclusions of law under par.
(e) conflict with the child's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under s.
48.363, order a change in placement under s.
48.357, or order a trial reunification under s.
48.358, as appropriate.
48.38(6)
(6)
Rules. The department shall promulgate rules establishing the following:
48.38(6)(a)
(a) Procedures for conducting permanency reviews.
48.38(6)(b)
(b) Requirements for training review panels.
48.38(6)(c)
(c) Standards for reasonable efforts to prevent placement of children outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for children to return safely to their homes if they have been placed outside of their homes.
48.38(6)(d)
(d) The format for permanency plans and review panel reports.
48.38(6)(e)
(e) Standards and guidelines for decisions regarding the placement of children.
48.38 History
History: 1983 a. 399;
1985 a. 70 ss.
1,
10;
1985 a. 176;
1985 a. 292 s.
3;
1985 a. 332;
1987 a. 383;
1989 a. 31,
86,
107;
1993 a. 377,
385,
395,
446,
491;
1995 a. 27 ss.
2474 to
2478,
9126 (19);
1995 a. 77,
143,
275;
1997 a. 27,
35,
104,
237;
1999 a. 149;
2001 a. 2,
59,
69,
109;
2005 a. 344,
448;
2007 a. 20;
2009 a. 28,
79,
94,
185;
2011 a. 32,
181,
258;
2011 a. 260 ss.
80,
81;
2013 a. 165;
2013 a. 168 s.
21;
2013 a. 334,
335;
2015 a. 55,
128,
172,
373;
2017 a. 251;
2019 a. 9; s. 35.17 correction in (5) (c) 8.
48.38 Note
NOTE: 1993 Wis. Act 395, which affects subs. (5) and (5m), contains extensive explanatory notes.
48.38 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).
48.383
48.383
Reasonable and prudent parent standard. 48.383(1)(1)
Use of standard by out-of-home care providers. An out-of-home care provider shall use the reasonable and prudent parent standard in making decisions concerning a child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In making decisions using the reasonable and prudent parent standard, an out-of-home care provider shall consider the restrictiveness of the child's placement and whether the child has the necessary training and safety equipment to safely participate in the activity under consideration and may not make any decision that is in violation of any court order or any state or federal law, rule, or regulation.
48.383(2)
(2)
Child-specific considerations required. 48.383(2)(a)
(a) At the time of placement of a child with an out-of-home care provider, the agency that places, or that arranges the placement of, the child or the agency assigned primary responsibility for providing services to the child under s.
48.355 (2) (b) 6g. shall provide to the out-of-home care provider the information that is required to be provided to an out-of-home care provider under the rules promulgated under s.
895.485 (4) (a) and information that is specific to the child for the out-of-home care provider to consider in making reasonable and prudent parenting decisions concerning the child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In preparing that information or any revisions of that information, the agency shall do all of the following:
48.383(2)(a)1.
1. If reasonably possible to do so, consult with the child's parent concerning the child's participation in extracurricular, enrichment, cultural, and social activities and the child's cultural, religious, and tribal values and advise the parent that those values will be considered, but will not necessarily be the determining factor, in making decisions concerning the child's participation in those activities.
48.383(2)(a)2.
2. Consult with the child in an age-appropriate manner about the opportunities of the child to participate in age or developmentally appropriate activities.
48.383(2)(b)
(b) At the time of placement of a child with an out-of-home care provider, the agency providing the information under par.
(a) shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. In explaining those parameters, the agency shall explain the considerations and prohibitions specified in sub.
(1) and shall advise the out-of-home care provider that in case of any disagreement over the application of the reasonable and prudent parent standard, the agency having placement and care responsibility for the child is ultimately responsible for decisions concerning the care of the child.
48.383(2)(c)
(c) In preparing or revising the permanency plan for a child, the agency responsible for preparing or revising the permanency plan shall consult with the child and the child's parent as provided in par.
(a) 1. and
2. At the time the permanency plan is prepared and each time the permanency plan is revised, that agency shall explain to the out-of-home care provider the parameters of the considerations that the out-of-home care provider is required to take into account when making decisions concerning the child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities as provided in par.
(b).
48.383(3)
(3)
Rules. The department shall promulgate rules to implement this section.
48.383 History
History: 2015 a. 128.
48.385
48.385
Plan for transition to independent living. During the 90 days immediately before a child who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement attains 18 years of age or, if the child is placed in such a placement under an order under s.
48.355,
48.357, or
48.365 that terminates under s.
48.355 (4) (b) after the child attains 18 years of age or under a voluntary transition-to-independent-living agreement under s.
48.366 (3) that terminates under s.
48.366 (3) (a) after the child attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the child under the order or agreement shall do all of the following:
48.385(1)
(1)
Transition plan. Provide the child with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the child, shall be as detailed as the child directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.
48.385(2)
(2)
Identification documents and other information. Except as provided in this subsection, ensure that the child is in possession of a certified copy of the child's birth record, a social security card issued by the federal social security administration, information on maintaining health care coverage, a copy of the child's health care records, and either an operator's license issued under ch.
343 or an identification card issued under s.
343.50. If the child is not in possession of any of those documents or that information, the agency shall assist the child in obtaining any missing document or information. This subsection does not apply to a child who has been placed in out-of-home care for less than 6 months.
48.396(1)(1)
Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub.
(1b),
(1d),
(5), or
(6) or s.
48.293 or
938.396 (2m) (c) 1p. or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the public or private school attended by the child or other law enforcement or social welfare agencies, or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s.
118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s.
118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the child if the police determine 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. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s.
938.396 (1) (a). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss.
48.78 and
938.78.
48.396(1b)
(1b) If requested by the parent, guardian, or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, 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 child a copy of that report. If requested by the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a law enforcement officer's report, if requested by an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, or if requested by an unborn child's guardian ad litem, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian, expectant mother or unborn child's guardian ad litem a copy of that report.
48.396(1d)
(1d) Upon the written permission of the parent, guardian, or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, 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 child in the written permission. Upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a law enforcement officer's report, or of an expectant mother of an unborn child who is the subject of a law enforcement officer's report, if 14 years of age or over, and of the unborn child's guardian ad litem, 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 expectant mother, and unborn child's guardian ad litem in the written permission.
48.396(2)(a)(a) Records of the court assigned to exercise jurisdiction under this chapter and ch.
938 and of courts exercising jurisdiction under s.
48.16 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.
938 or as required or permitted under this subsection, sub.
(3) (b) or
(c) 1g.,
1m., or
1r. or
(6), or s.
48.375 (7) (e).
48.396(2)(ag)
(ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par.
(a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian or child would result in imminent danger to anyone.
48.396(2)(aj)
(aj) Upon request of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a record of a court specified in par.
(a), upon request of an expectant mother of an unborn child who is the subject of a record of a court specified in par.
(a), if 14 years of age or over, or upon request of an unborn child's guardian ad litem, the court shall open for inspection by the parent, guardian, legal custodian, expectant mother, or unborn child's guardian ad litem the records of the court relating to that expectant mother, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian, legal custodian, expectant mother, or unborn child's guardian ad litem would result in imminent danger to anyone.
48.396(2)(am)
(am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par.
(a), or upon the written permission of the child, if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission, unless the 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.
48.396(2)(ap)
(ap) Upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of a record of a court specified in par.
(a), or of an expectant mother of an unborn child who is the subject of a record of a court specified in par.
(a), if 14 years of age or over, and of the unborn child's guardian ad litem, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian, or expectant mother, and unborn child's guardian ad litem in the written permission, unless the 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.
48.396(2)(b)1.1. Upon request of the department 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 and copying by authorized representatives of the department or federal agency. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested.
48.396(2)(b)2.
2. Upon request of an entity engaged in the bona fide research, monitoring, or evaluation of activities conducted under
42 USC 629h, as determined by the director of state courts, to review court records for the purpose of that research, monitoring, or evaluation, the court shall open those records for inspection and copying by authorized representatives of that entity. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested. The director of state courts may use the circuit court automated information system under s.
758.19 (4) to facilitate the transfer of electronic records between the court and that entity.
48.396(2)(dm)
(dm) 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 child 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.
938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s.
891.405,
891.407, or
891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch.
938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.
48.396(2)(dr)
(dr) 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 child who has been the subject of a proceeding under this chapter.
48.396(2)(e)
(e) Upon request of a court of criminal jurisdiction to review court records for the purpose of conducting or preparing for a proceeding in that court or upon request of a district attorney to review court records for the purpose of performing his or her official duties in a proceeding in a court of criminal jurisdiction, the court assigned to exercise jurisdiction under this chapter and ch.
938 shall open for inspection by authorized representatives of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter.
48.396(2)(g)
(g) Upon request of any court assigned to exercise jurisdiction under this chapter and ch.
938, 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 shall open for inspection by any authorized representative of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter.
48.396(2)(h)
(h) 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 child, the court assigned to exercise jurisdiction under this chapter and ch.
938 shall open for inspection by an authorized representative of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter.
48.396(3)(a)(a) In this subsection, “court" means the court assigned to exercise jurisdiction under this chapter and ch.
938.
48.396(3)(b)1.1. The court shall make information relating to proceedings 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.
938, 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.
938 or a municipal court, a district attorney prosecuting a criminal case, the department, or a county department under s.
46.215,
46.22, or
46.23, regardless of whether the person to whom the information is transferred 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.
48.396(3)(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.
48.295, a court report under s.
48.33, or a permanency plan under s.
48.38, 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.
48.396(3)(bm)
(bm) The department may transfer to the court information contained in the electronic records of the department that are maintained in the statewide automated child welfare information system under s.
48.47 (7g). The director of state courts may use the circuit court automated information systems established under s.
758.19 (4) to facilitate the transfer of those electronic records from the department to the court. The director of state courts and the department shall specify what types of information may be transferred from the department to the court under this paragraph and made available by the court to the department under par.
(b) 1. 48.396(3)(c)1g.1g. A court assigned to exercise jurisdiction under this chapter and ch.
938, 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.
48.396(3)(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.
938 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.
938, 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.
48.396(3)(c)1r.
1r. The department or a county department under s.
46.215,
46.22, or
46.23 shall keep any information made available to the department or that county 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 or that county 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.
48.396(3)(c)2.
2. The court or the director of state courts may allow access to any information transferred to the court under par.
(bm) only to the extent that the information may be disclosed under this chapter or ch.
938.
48.396(3)(c)3.
3. An individual who is allowed under subd.
1g.,
1m.,
1r., or
2. to have access to any information transferred or made available under par.
(b) 1. or
(bm) shall keep the information confidential and may use and further disclose the information only for the purposes described in subd.
1g.,
1m., or
1r. or to the extent permitted under subd.
2. 48.396(3)(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.
48.396(5)(a)(a) Any person who is denied access to a record under sub.
(1),
(1b),
(1d), or
(6) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:
48.396(5)(a)3.
3. The basis for the petitioner's belief that the information is contained in the records.
48.396(5)(a)4.
4. The relevance of the information sought to the petitioner's reason for seeking the information.
48.396(5)(a)5.
5. The petitioner's efforts to obtain the information from other sources.
48.396(5)(b)
(b) The court shall notify the child, the child's counsel, the child's parents, appropriate law enforcement agencies, and, if the child is an expectant mother of an unborn child under s.
48.133, the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child's guardian ad litem, 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.
48.396(5)(c)
(c) The court shall make an inspection, which may be in camera, of the records of the child or expectant mother. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, the court shall then determine whether the petitioner's need for the information outweighs society's interest in protecting its confidentiality. In making that determination, the court shall balance the interest of the petitioner in obtaining access to the record against the interest of the child or expectant mother in avoiding the stigma that might result from disclosure.
48.396(5)(d)
(d) If the court determines that disclosure is warranted, it shall order the disclosure of only as much information as is necessary to meet the petitioner's need for the information.
48.396(5)(e)
(e) The court shall record the reasons for its decision to disclose or not to disclose the records of the child or expectant mother. All records related to a decision under this subsection are confidential.
48.396(6)
(6) Records of law enforcement officers and of the court assigned to exercise jurisdiction under this chapter and ch.
938 shall be open for inspection 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 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.
48.396 History
History: 1971 c. 278;
1977 c. 354 s.
47;
1977 c. 449; Stats. 1977 s. 48.396;
1979 c. 300;
1979 c. 333 s.
5;
1983 a. 74 s.
32;
1983 a. 487,
538;
1985 a. 311,
332;
1987 a. 27,
180,
403;
1989 a. 31,
107,
145;
1991 a. 39,
263;
1993 a. 98,
195,
228,
334,
479,
491;
1995 a. 27 ss.
2479 to
2480m,
9126 (19);
1995 a. 77,
173,
275,
352,
440,
448;
1997 a. 35,
80,
191,
205,
252,
292;
1999 a. 32,
89;
2003 a. 82;
2005 a. 344,
434;
2005 a. 443 s.
265;
2007 a. 20 s.
9121 (6) (a);
2007 a. 97;
2009 a. 302,
338;
2011 a. 270;
2013 a. 168,
170,
252; Sup. Ct. Order No.
14-04, 2015 WI 89, 364 Wis. 2d xv;
2015 a. 144;
2019 a. 95.
48.396 Annotation
In the interest of fostering fair and efficient administration of justice, a circuit court has the power to order disclosure of police records. State ex rel. Herget v. Waukesha County Circuit Court,
84 Wis. 2d 435,
267 N.W.2d 309 (1978).
48.396 Annotation
Section 967.06 gives the public defender the right to receive juvenile records of indigent clients notwithstanding s. 48.396 (2). State ex rel. S.M.O.,
110 Wis. 2d 447,
329 N.W.2d 275 (Ct. App. 1982).
48.396 Annotation
In determining whether to release juvenile court records, the child's best interests are paramount. The child's interests must be weighed against the need of the party seeking the information. The child whose confidentiality interests are at stake must be represented. State v. Bellows,
218 Wis. 2d 614,
582 N.W.2d 53 (Ct. App. 1998),
97-0977.
