938.78(2)(e)
(e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under
s. 938.183 or
938.34 for a sexually violent offense, as defined in
s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under
ch. 980 or to an attorney who represents a person subject to a petition under
ch. 980. The court in which the petition under
s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.
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 regulation and licensing 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 regulation and licensing 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(3)
(3) 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. 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),
(1m) or
(1r),
943.32 (2),
948.02,
948.025,
948.03,
948.05,
948.055,
948.60,
948.605 or
948.61 or any crime specified in
ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in
s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, 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, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.
938.78 Annotation
Since 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.
938.78 Note
NOTE: The above annotation cites to s. 48.78, the predecessor statute to s. 938.78.
COMMUNITY SERVICES
938.795
938.795
Powers of the department. The department may do all of the following:
938.795(1)
(1) 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.
938.795(2)
(2) 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 the total community program, including the improvement of law enforcement.
938.795(3)
(3) Assist schools in extending their particular contribution in locating and helping juveniles vulnerable to delinquency and crime and in improving their services to all youth.
938.795(4)
(4) Develop and maintain an enlightened public opinion in support of a program to control delinquency and crime.
938.795 History
History: 1995 a. 77.
MISCELLANEOUS PROVISIONS
938.988
938.988
Interstate placement of juveniles. Sections 48.988 and
48.989 apply to the interstate placement of juveniles.
938.988 History
History: 1995 a. 77.
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: