Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files pursuant to section 48.981(7)(a)2. of the statutes if such access is necessary to allow them to perform their statutory duties. 79-212
A county department of social services has no discretion to refuse to disclose reports and records of child abuse or neglect to the subject of the report or the subject's attorney under section 48.981(7)(a)1. and (c), Stats. 77-84
A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981(7)(a)10. 81-66
The duty to report suspected cases of child abuse or neglect under sec. 48.981(3)(a), Stats., prevails over any inconsistent terms in sec. 51.30, Stats. 68-342
A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981(3), Stats., when the abuser, rather than the victim, is seen in the course of professional duties. Section 51.30 does not act as a bar to such reports made in good faith. 76-39
Child support records
The Department of Health and Social Services should be granted access to otherwise confidential records because that access is necessary to complete a legislatively mandated study. (Unpub.). 23-1984
County department of social services
A county department of social services has no discretion to refuse to disclose reports and records of child abuse or neglect to the subject of the report or the subject's attorney under section 48.981(7)(a)1. and (c), Stats. 77-84
District attorney files
A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981(7)(a)10. 81-66
Fraud investigation
Information contained in a county paternity case file may be released for purposes of fraud investigation of the public assistance programs specified in section 49.53, Stats. 80-226
Identification records
Identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody pursuant to sec. 165.83(2), Stats., for confidential reporting to the Department of Justice. 62-45
Investment Board nominees
Section 19.43(3), Stats., requires that the Ethics Board forward copies of Investment Board nominees' statement of economic interests to members of the Senate committee to which the nomination is referred. The extent of confidentiality of such statements rests in the sound discretion of the Senate committee. 68-378
Juveniles
A school cannot use confidential information obtained from law enforcement authorities to require students, under threat of expulsion, to participate in group or individual counseling, nor can the school use such information to suspend or expel students. The school can use such confidential information to refer a student to county social welfare agencies or nongovernmental self-help groups, but only if the student consents to such referral. 76-134
Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of the minor patient provided that the minor is twelve years of age or over. Wis. Admin. Code § HSS 92.06(2) (1986) and 42 C.F.R. § 2.14(b) (1987). 77-187
Identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody pursuant to sec. 165.83(2), Stats., for confidential reporting to the Department of Justice. 62-45
Juvenile officers are not required to provide information in their possession concerning a juvenile to officials of the school attended by the juvenile when requested to do so. The school does not violate the confidential exchange provisions of sec. 48.396(1), Stats., by using the information obtained from a police officer to take disciplinary action against a student as long as the school does not reveal the reason for the disciplinary action to parties not authorized to receive such information. To the extent that 56 Op. Atty Gen. 211 (1967) is in conflict with this opinion, it is modified. 69-179
also 70-67, 70-143
Motor vehicle dealers
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers and motor vehicle salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
Paternity case file
Information contained in a county paternity case file may be released for purposes of fraud investigation of the public assistance programs specified in section 49.53, Stats. 80-226
Public records
Information on sex, ethnic background and handicapped status obtained through state employment applications for affirmative action purposes is exempt from disclosure under the Public Records Law, but birth date information is not. 73-26
Settlement agreements
Relationship between the Public Records Law and pledges of confidentiality in settlement agreements discussed. 74-14
Snowmobiles
Snowmobile accident reports filed with the Department of Natural Resources pursuant to section 350.15(3), Stats., are not confidential documents. 76-56
Veterans
Under current law the authority of the Department of Veterans Affairs to release veterans loan status information to lenders and credit reporting agencies is very limited. 77-49
CONFLICT OF INTEREST
See also COMPATIBILITY; CONTRACTS; PUBLIC OFFICIALS
Banking Review Board
Banking Review Board members are not authorized to act in cases involving banks in which they or their spouses own stock. 75-197
Bids and bidders
A county board supervisor who is an employe of a law firm which has been hired by a third party to represent it in negotiations with the county board does not violate either section 946.13(1)(a) or (b), Stats., if a supervisor has absolutely nothing to do with the contract either as an attorney or as a supervisor. 75-172
Drug treatment facility
Prior to releasing patient records in response to a warrant or subpoena, a federally funded or federally assisted drug treatment facility must first ascertain that the issuing court has made a finding of "good cause" within the meaning of 21 U.S.C. § 1175(b)(2)(C) in order to avoid the possibility of a fine under 21 U.S.C. § 1175(f). If there is no evidence that a finding of good cause has been made, no state criminal law is violated by refusing to release drug treatment records. 72-12
Human services records
Before client information is released to another division within a county community human services department, a written and informed consent is necessary. The community human services board and the director may view client information without a written and informed consent for any purpose related to their powers and duties. 69-273
Investment Board, Wisconsin
The State of Wisconsin Investment Board lacks the statutory authority to place one of its board members or an employe on the board of directors of a private corporation. 75-213
Partial disclosure
A state public official who requests and receives confidential advice from State Ethics Board under sec. 19.46(2), Stats., does not waive confidentiality by partial disclosure of advice. (Unpub.). 17-1975
Private interest in public contracts
Section 946.13, Stats., which prohibits private interests in public contracts, applies to county board or department purchases aggregating more than $5,000 from a county supervisor-owned business. 76-178
Section 946.13, Stats., prohibiting private interest in public contracts may impose criminal liability upon the University of Wisconsin employes who in their private capacities deal contractually with the State of Wisconsin to provide services and equipment. (Unpub.). 64-1977
Where the village board administers a community development block grant program, a member of the village board would violate section 946.13(1)(a), Stats., if he or she obtained a loan in excess of $5,000 under the program. Acting in his private capacity as a contractor, the board member would violate section 946.13(1) if he contracted to perform the construction work for a third person who obtained a loan under the program. 76-278
Public officials
The office of superintendent or administrator of a county health care center providing mental health related services, appointed under section 46.19(1), Stats., and the office of member of the county community programs board, appointed under section 51.42(4), are incompatible. 77-150
School
Juvenile officers are not required to provide information in their possession concerning a juvenile to officials of the school attended by the juvenile when requested to do so. The school does not violate the confidential exchange provisions of sec. 48.396(1), Stats., by using the information obtained from a police officer to take disciplinary action against a student so long as the school does not reveal the reason for the disciplinary action to parties not authorized to receive such information. To the extent that 56 OAG 211 (1967) is in conflict with this opinion, it is modified. 69-179
School Board member
The enactment of the marital property law does not change the applicability of section 946.13, Stats., to the member of a governmental body when that body employs the member's spouse. As was the case before the marital property law, the member of the governmental body avoids violation of section 946.13 if in his private capacity he does not negotiate, bid on or enter into the employment contract and in his public capacity he does not participate in the making of the contract and does not exercise discretion in the performance of the contract. 76-15
Teachers
The enactment of the marital property law does not change the applicability of section 946.13, Stats., to the member of a governmental body when that body employs the member's spouse. As was the case before the marital property law, the member of the governmental body avoids violation of section 946.13 if in his private capacity he does not negotiate, bid on or enter into the employment contract and in his public capacity he does not participate in the making of the contract and does not exercise discretion in the performance of the contract. 76-15
University employe
