2013 WISCONSIN ACT
252
An Act
to renumber and amend
48.396 (2) (b) and 938.396 (2g) (b);
to amend
48.299 (1) (ag) and 938.299 (1) (a); and
to create
48.396 (2) (b) 2. and 938.396 (2g) (b) 2. of the statutes;
relating to:
the disclosure of juvenile court records to, and admission to juvenile court hearings of, an entity engaged in the bona fide research, monitoring, or evaluation of activities conducted under a federal court improvement grant.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
48.299 (1) (ag) of the statutes is amended to read:
48.299
(1)
(ag) In a proceeding other than a proceeding under s. 48.375 (7), if a public hearing is not held, only the parties and their counsel or guardian ad litem, the court-appointed special advocate for the child, the child's foster parent or other physical custodian described in s. 48.62 (2), witnesses, and other persons requested by a party and approved by the court may be present, except that the court may exclude a foster parent or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the child or the child's family or if the court determines that excluding the foster parent or other physical custodian would be in the best interests of the child. Except in a proceeding under s. 48.375 (7), any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar
or a person engaged in the bona fide research, monitoring, or evaluation of activities conducted under
42 USC 629h
, as determined by the director of state courts
, may be admitted by the court.
Section
2
.
48.396 (2) (b) of the statutes is renumbered 48.396 (2) (b) 1. and amended to read:
48.396
(2)
(b) 1. Upon request of the department or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under
45 CFR 1355
,
1356
,
and
1357
, the court shall open those records for inspection
and copying
by authorized representatives of the department or federal agency.
Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested.
Section
3
.
48.396 (2) (b) 2. of the statutes is created to read:
48.396 (2) (b) 2. Upon request of an entity engaged in the bona fide research, monitoring, or evaluation of activities conducted under
42 USC 629h
, as determined by the director of state courts, to review court records for the purpose of that research, monitoring, or evaluation, the court shall open those records for inspection and copying by authorized representatives of that entity. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested. The director of state courts may use the circuit court automated information system under s. 758.19 (4) to facilitate the transfer of electronic records between the court and that entity.
Section
4
.
938.299 (1) (a) of the statutes is amended to read:
938.299
(1)
(a) Except as provided in par. (ar), the general public shall be excluded from hearings under this chapter unless a public fact-finding hearing is demanded by a juvenile through his or her counsel. The court shall refuse to grant the public hearing, however, if the victim of an alleged sexual assault objects or, in a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is not held, only the parties, their counsel, witnesses, a representative of the news media who wishes to attend the hearing for the purpose of reporting news without revealing the identity of the juvenile involved and other persons requested by a party and approved by the court may be present. Any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar
or a person engaged in the bona fide research, monitoring, or evaluation of activities conducted under
42 USC 629h
, as determined by the director of state courts
, may be admitted by the court.
Section
5
.
938.396 (2g) (b) of the statutes is renumbered 938.396 (2g) (b) 1. and amended to read:
938.396
(2g)
(b) 1. Upon request of the department, the department of children and families, or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under
45 CFR 1355
,
1356
, and
1357
, the court shall open those records for inspection
and copying
by authorized representatives of that department or federal agency.
Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested.
Section
6
.
938.396 (2g) (b) 2. of the statutes is created to read:
938.396
(2g)
(b) 2. Upon request of an entity engaged in the bona fide research, monitoring, or evaluation of activities conducted under
42 USC 629h
, as determined by the director of state courts, to review court records for the purpose of that research, monitoring, or evaluation, the court shall open those records for inspection and copying by authorized representatives of that entity. Those representatives shall keep those records confidential and may use and further disclose those records only for the purpose for which those records were requested. The director of state courts may use the circuit court automated information system under s. 758.19 (4) to facilitate the transfer of electronic records between the court and that entity.
