Chapter 938

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)(c) (c) Provide a multidisciplinary screen as described in s. 938.547 (3) for program participants.

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 History History: 2017 a. 202, 261.

938.547 938.547 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:

938.547(3)(a) (a) Family dysfunction.

938.547(3)(b) (b) School or truancy problems.

938.547(3)(c) (c) Mental health problems.

938.547(3)(d) (d) Delinquent behavior patterns.

938.547(4) (4) Assessment criteria. The uniform alcohol and other drug abuse assessment criteria that the department developed shall be used in the pilot program under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g). An approved treatment facility that assesses a person under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

938.547 History History: 1995 a. 27 s. 9126 (19); 1995 a. 77, 448; 2007 a. 20; 2015 a. 55.

938.548 938.548 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.

938.548 History History: 1995 a. 27 s. 9126 (19); 1995 a. 77; 2007 a. 20; 2015 a. 55.

938.549 938.549 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.

938.549 History History: 1995 a. 77; 2005 a. 344; 2015 a. 55.

subch. XII of ch. 938 SUBCHAPTER XII

COUNTY JUVENILE WELFARE SERVICES

938.57 938.57 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)(f) (f) Provide services to the court under s. 938.06.

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)1. 1. Is 17 years of age or older.

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)3. 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday.

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.

938.57 History History: 1995 a. 77; 1997 a. 27, 35; 1999 a. 9; 2001 a. 38, 59; 2005 a. 25, 293, 344; 2007 a. 20, 97; 2009 a. 28; 2011 a. 32; 2013 a. 334; 2015 a. 55; 2019 a. 8; 2021 a. 239 s. 74.

938.59 938.59 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.

938.59 History History: 1995 a. 77, 352; 2005 a. 344; 2017 a. 185.

938.595 938.595 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.

938.595 History History: 1995 a. 77, 352; 2013 a. 334; 2017 a. 185.

subch. XVII of ch. 938 SUBCHAPTER XVII

GENERAL PROVISIONS ON RECORDS

938.78 938.78 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) (2) Confidentiality; exceptions.

938.78(2)(a) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3) (bm) or (c) 1r., 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or 938.57 (2m) or by order of the court.

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.

938.78(2)(b) (b)

938.78(2)(b)1. 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another agency, a social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency, victim-witness coordinator, or fire investigator, that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under s. 146.82. A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines 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.

938.78(2)(b)1m. 1m. An agency may enter into an interagency agreement with a school board, a private school, a tribal school, a law enforcement agency, or another social welfare agency providing for the routine disclosure of information under subd. 1. to the school board, private school, tribal school, law enforcement agency, or other social welfare agency.

938.78(2)(b)2. 2. On petition of an agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under s. 118.125 (2) or (2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district, or the governing body of the private school, in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The court may request the governing body of the tribal school in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employees of the agency who are providing treatment or care for the individual.

938.78(2)(d) (d) Paragraph (a) does not prohibit the department of health services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s. 48.34 (4n), 1993 stats., or s. 938.34 (4d) or (4n) to the department of corrections, if the individual is at the time of disclosure any of the following:

938.78(2)(d)1. 1. The subject of a presentence investigation under s. 972.15.

938.78(2)(d)2. 2. Under sentence to the Wisconsin state prisons under s. 973.15.

938.78(2)(d)3. 3. Subject to an order under s. 938.183 and placed in a state prison under s. 938.183.

938.78(2)(d)4. 4. On probation to the department of corrections under s. 973.09.

938.78(2)(d)5. 5. On parole under s. 302.11 or ch. 304 or on extended supervision under s. 302.113 or 302.114.

938.78(2)(e) (e) Notwithstanding par. (a), an agency shall, upon request, disclose information 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 information involves or relates 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 disclosed under this paragraph. 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 paragraph for any purpose consistent with any proceeding under ch. 980.

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 safety and professional services 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 safety and professional services 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(2)(h) (h) Paragraph (a) does not prohibit the department of children and families, a county department, or a licensed child welfare agency from entering the content of any record kept or information received by that department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under s. 48.47 (7g) or the department of children and families from transferring any information maintained in that system to the court under s. 48.396 (3) (bm). If the department of children and families transfers that information to the court, the court and the director of state courts may allow access to that information as provided in s. 48.396 (3) (c) 2.

938.78(2)(i) (i) Paragraph (a) does not prohibit an agency from disclosing information to a relative of a juvenile placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the juvenile and the relative or a placement of the juvenile with the relative or from disclosing information under s. 938.21 (5) (e), 938.355 (2) (cm), or 938.357 (2v) (d). In this paragraph, “relative” includes a relative whose relationship is derived through a parent of the juvenile whose parental rights are terminated.