938.538 AnnotationPlacement in the serious juvenile offender program must occur at an original disposition. It is not a disposition to extend, revise, or change a placement already in effect. State v. Terry T., 2002 WI App 81, 251 Wis. 2d 462, 643 N.W.2d 175, 01-2226. 938.539(1)(1) Type 2 residential care center; county department control. A juvenile who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the county department, is subject to the rules and discipline of the county department, and is considered to be in custody, as defined in s. 946.42 (1) (a). 938.539(2)(2) Type 2 juvenile correctional facility; department of corrections control. A juvenile who is placed in a Type 2 juvenile correctional facility under s. 938.357 (4) (am) or who, having been so placed, is replaced in a less restrictive placement under s. 938.357 (4) (c) is under the supervision and control of the department of corrections, is subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a). 938.539(3)(3) Violation of condition of placement. Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (am) or (c) violates a condition of his or her placement in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional facility as provided in s. 938.357 (4) (b) 1. or in a secured residential care center for children and youth as provided in s. 938.357 (4) (b) 2. This subsection does not preclude a juvenile who has violated a condition of the juvenile’s placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth from being taken into and held in custody under ss. 938.19 to 938.21. 938.539(4)(4) Escape or absence. A juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (am) or (c) who intentionally fails to remain within the extended limits of his or her placement or to return within the time prescribed by the administrator of the center or facility is considered an escape under s. 946.42 (3) (c). 938.539(5)(5) Operation as Type 2 placement. With respect to a juvenile who is placed in a residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (am) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the center in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that center or less restrictive placement as a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a residential care center for children and youth or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (am) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (am) or (c). 938.539(6)(6) Rule-making. The department of corrections shall promulgate rules to implement this section. 938.539 Cross-referenceCross-reference: See also chs. DOC 394 and 396, Wis. adm. code. 938.54938.54 Records. The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), or 938.357 (3) or (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections. 938.546938.546 Juvenile treatment court grant program. 938.546(1)(1) The department of children and families may make grants available to counties or Indian tribes to enable them to establish and operate evidence-based programs to develop intake and court procedures that screen, assess, and provide dispositional alternatives for juveniles who come under the jurisdiction of the court. The programs shall have, as a goal, improving juvenile well-being by meeting the comprehensive needs of juveniles, including juveniles’ need for care and treatment and for accountability and rehabilitation, consistent with the prevention of delinquency. 938.546(2)(2) The department of children and families may make the grants for the programs specified in sub. (1) within the availability of funding under s. 20.437 (1) (bf). The department of children and families shall collaborate with the department of corrections, the department of health services, and the director of state courts in establishing the grant program under this section. 938.546(3)(3) A county or Indian tribe that operates a program funded under this section shall do all of the following: 938.546(3)(a)(a) Establish eligibility criteria for a juvenile’s participation in the program. 938.546(3)(b)(b) Provide services to program participants that are consistent with evidence-based practices in treatment services needed by those participants, including substance abuse treatment services, mental health treatment services, and intensive case management services. 938.546(3)(d)(d) Provide a holistic and trauma-informed approach to the treatment of program participants and provide those participants with services that may be needed, as determined by the county or Indian tribe under the program. 938.546(3)(e)(e) Integrate all services provided to program participants by state and local government agencies and other organizations. The county or Indian tribe shall require regular communication among a participant’s treatment providers, other service providers, the court and court personnel, and any person designated under the program to monitor the participant’s compliance with his or her obligations under the program and under the court’s order. 938.546(4)(4) A county or Indian tribe that receives a grant under this section shall create an oversight committee to advise the county or Indian tribe in developing, implementing, administering, and evaluating its program. 938.546(5)(5) A county or Indian tribe that receives a grant under this section shall submit data requested by the department of children and families to the department of children and families each quarter. The department of children and families may request any data regarding a program funded under this section that is necessary to evaluate the program and prepare the reports under subs. (6) and (7). 938.546(6)(6) The department of children and families shall, annually, analyze the data submitted under sub. (5) for the previous year and prepare a progress report that evaluates the effectiveness of the grant program. The department of children and families shall make the report available to the public. 938.546(7)(7) The department of children and families shall, every 5 years, prepare a comprehensive report that analyzes the data submitted under sub. (5) for the previous 5 years. The department of children and families shall submit the report to the legislature under s. 13.172 (2). 938.546(8)(8) A county or Indian tribe may, together with one or more counties or Indian tribes, jointly apply for and receive a grant under this section. A joint application shall include a written agreement specifying the role of each county or Indian tribe in developing, administering, and evaluating the program. The oversight committee established under sub. (4) shall include a representative from each county and Indian tribe operating a joint program. 938.546(9)(9) The department of children and families shall assist a county or Indian tribe receiving a grant under this section in obtaining funding from other sources for its program. 938.546 HistoryHistory: 2017 a. 202, 261. 938.547938.547 Juvenile alcohol and other drug abuse pilot program. 938.547(1)(1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties selected by the department. 938.547(2)(2) Department responsibilities. Within the availability of funding under s. 20.437 (1) (mb) that is available for the pilot program, the department shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department shall select counties in accordance with the request-for-proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management. 938.547(3)(3) Multidisciplinary screen. The multidisciplinary screen developed for the pilot program shall be used by an intake worker to determine whether or not a juvenile is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen juveniles for: 938.548938.548 Multidisciplinary screen and assessment criteria. The department shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties. 938.549938.549 Juvenile classification system. 938.549(1)(1) Classification system; content. The department of children and families, in consultation with the department of corrections, shall make available to all counties a juvenile classification system that includes at least all of the following: 938.549(1)(a)(a) A risk assessment instrument for determining the probability that a juvenile who has committed an offense will commit another offense. 938.549(1)(b)(b) A needs assessment instrument for determining the service needs of a juvenile who has committed an offense. 938.549(1)(c)(c) A services and placement guide for integrating the risk and needs of a juvenile who has committed an offense with other factors to determine an appropriate placement and level of services for the juvenile. 938.549(2)(2) Uses of classification system. A county may use the juvenile classification system to do any of the following: 938.549(2)(a)(a) At the time of an intake inquiry, determine whether to close a case, enter into a deferred prosecution agreement or refer the case to the district attorney. 938.549(2)(b)(b) At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile. 938.549(2)(c)(c) After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision. 938.549(3)(3) Training in use of system. Subject to the availability of resources, the department may provide training and technical assistance in the use of the juvenile classification system to any county that requests that training and technical assistance. COUNTY JUVENILE WELFARE SERVICES
938.57938.57 Powers and duties of county departments providing juvenile welfare services. 938.57(1)(1) County department duties; powers. Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for juvenile welfare purposes by the county board of supervisors or donated by individuals or private organizations. A county department may do any of the following: 938.57(1)(a)(a) Investigate the conditions surrounding delinquent juveniles and juveniles in need of protection or services within the county and take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any juvenile who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws. 938.57(1)(b)(b) Accept legal custody or supervision of juveniles transferred to it by the court under s. 938.355 and provide special treatment or care if ordered by the court. Except as provided in s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care. 938.57(1)(c)(c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), contracting for services for them 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 county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction. 938.57(1)(cm)(cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing, or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to it by the court assigned to exercise jurisdiction under this chapter and ch. 48. 938.57(1)(d)(d) Provide for the moral and religious training of juveniles in its care according to the religious beliefs of the juvenile or of his or her parents. 938.57(1)(g)(g) Upon request of the department of corrections, provide service for any juvenile in the care of that department. 938.57(1)(h)(h) Contract with any parent or guardian or other person for the care and maintenance of any juvenile. 938.57(2)(2) Assistance from private individuals and organizations. In performing the functions under sub. (1), the county department may accept the assistance of an individual or private agency or organization interested in the social welfare of juveniles in the county. 938.57(2m)(2m) Notice of change of county of residence. A county department, as soon as practicable after learning that a person who is receiving juvenile welfare services under sub. (1) from the county department has changed his or her county of residence, shall provide notice of that change to the county department of the person’s new county of residence. The notice shall include a brief, written description of the services offered or provided to the person by the county department and the name, telephone number, and address of a person to contact for more information. 938.57(3)(3) Continuing maintenance for juveniles over 17. 938.57(3)(a)(a) From the reimbursement received under s. 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications: 938.57(3)(a)2.2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma. 938.57(3)(a)4.4. Is living in a foster home, group home, residential care center for children and youth, or subsidized guardianship home or in a supervised independent living arrangement. 938.57(3)(b)(b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that which the juvenile would receive under s. 48.569 (1) (d) if the juvenile were 16 years of age. 938.57(4)(4) Aftercare supervision. A county department may provide aftercare supervision under s. 938.34 (4n) for juveniles who are released from juvenile correctional facilities or secured residential care centers for children and youth. 938.59938.59 Examination and records. 938.59(1)(1) Investigation and examination. The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (2), (4d), (4m), or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined 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. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department. 938.59(2)(2) Report to the department. At the department’s request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department. 938.595938.595 Duration of control of county departments over delinquents. A juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (2), (4d), (4m), or (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision. GENERAL PROVISIONS ON RECORDS
938.78938.78 Confidentiality of records. 938.78(1)(1) Definition. In this section, unless otherwise qualified, “agency” means the department of children and families, the department of corrections, a county department, or a licensed child welfare agency. 938.78(2)(ag)(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or older, to the parent, guardian, legal custodian, or juvenile, unless the agency finds that inspection of the record by the juvenile, parent, guardian, or legal custodian would result in imminent danger to anyone. 938.78(2)(am)(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or older, to the person named in the permission if the parent, guardian, legal custodian, or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.
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Ch. 938, Juvenile Justice Code
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