938.78(2m)(d) (d) The department of children and families shall provide guidance to agencies as to the scope of the juveniles to whom this subsection applies. Notwithstanding s. 227.10 (1), that guidance need not be promulgated as rules.

938.78(2m)(e) (e) The department of children and families, the department of corrections, and the department of health services may promulgate rules to implement this subsection.

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) or (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. 943.23 (1g), 2021 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 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), 943.231 (1), 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, secured 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, secured 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 of corrections or county department, whichever has 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 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 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; 2013 a. 20, 334; 2015 a. 55, 149, 368; 2017 a. 365; 2019 a. 8; 2021 a. 238 s. 45; 2023 a. 10.

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.

subch. XVIII of ch. 938 SUBCHAPTER XVIII

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.

subch. XX of ch. 938 SUBCHAPTER XX

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.

938.999 938.999 Interstate Compact for Juveniles.

938.999(1) (1) Article I — Purpose.

938.999(1)(a) (a) The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that the U.S. Congress, by enacting the Crime Control Act, 4 USC 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

938.999(1)(b) (b) It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to do all of the following:

938.999(1)(b)1. 1. Ensure that the adjudicated juveniles and status offenders who are subject to this compact are provided with adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.

938.999(1)(b)2. 2. Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected.

938.999(1)(b)3. 3. Return juveniles who have run away, absconded, or escaped from supervision or control or who have been accused of an offense to the state requesting their return.

938.999(1)(b)4. 4. Make contracts for the cooperative institutionalization in public facilities in member states of delinquent youth needing special services.

938.999(1)(b)5. 5. Provide for the effective tracking and supervision of juveniles.

938.999(1)(b)6. 6. Equitably allocate the costs, benefits, and obligations of the compact among the compacting states.