Amendment SSA1-SB24

LRBs0215/2

GMM:skg:mkd

1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 24

September 21, 1995 - Offered by Committee on Health, Human Services and Aging.

SB24-SSA1,1,5 An Act to amend 48.22 (7) (a), 48.60 (1), 48.625 (1), 48.65 (1), 48.68 (1) and 48.75 (1); and to create 48.22 (7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.68 (1m), 48.715 (2) (bm) and 48.75 (1m) of the statutes; relating to: criminal background investigations of certain persons who provide care for children and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB24-SSA1, s. 1 Section 1. 48.22 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB24-SSA1,1,14 48.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigation specified in sub. (7m) and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB24-SSA1, s. 2 Section 2. 48.22 (7m) of the statutes is created to read:

SB24-SSA1,2,5 48.22 (7m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a shelter care facility with the intent of making the shelter care facility his or her home or who lives at a shelter care facility for more than 30 days cumulative in any 6-month period.

SB24-SSA1,2,9 (b) 1. Before applying for initial licensure to operate a shelter care facility, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,2,16 2. Any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed to operate a shelter care facility or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending shall, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on applying for license renewal, whichever is earlier, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,2,21 3. Subject to subd. 2., a person licensed to operate a shelter care facility may, at the time of renewal of that license or at any other time that the person considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,3,2 4. Before employing any person or permitting any person to be an adult resident, a person licensed to operate a shelter care facility shall conduct, with the assistance of the department of justice, a background investigation of the prospective employe or prospective adult resident, unless that prospective employe or prospective adult resident has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,3,12 (c) If the person being investigated under par. (b) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant or licensee determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant or licensee shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining his or her arrest and conviction record.

SB24-SSA1,3,14 (d) Upon request, a person being investigated under par. (b) shall provide the applicant or licensee with all of the following information:

SB24-SSA1,3,15 1. The person's name.

SB24-SSA1,3,16 2. The person's social security number.

SB24-SSA1,3,18 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,3,22 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under s. 48.67.

SB24-SSA1,4,7 (e) An applicant or licensee may not employ a person or permit a person to be an adult resident until the applicant or licensee receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in subds. 1. to 3. An applicant or licensee may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in subds. 1. to 3. An applicant or licensee may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,4,10 1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

SB24-SSA1,4,15 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB24-SSA1,4,24 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that an applicant or licensee may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

SB24-SSA1,5,3 (f) An applicant or licensee shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB24-SSA1, s. 3 Section 3. 48.60 (1) of the statutes is amended to read:

SB24-SSA1,5,13 48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB24-SSA1, s. 4 Section 4. 48.60 (1m) of the statutes is created to read:

SB24-SSA1,5,18 48.60 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a facility operated by a child welfare agency with the intent of making that facility his or her home or who lives for more than 30 days cumulative in any 6-month period at a facility operated by a child welfare agency.

SB24-SSA1,5,22 (b) 1. Before applying for initial licensure to operate a child welfare agency, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,6,4 2. Any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed to operate a child welfare agency or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending shall, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on applying for license renewal, whichever is earlier, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,6,9 3. Subject to subd. 2., a person licensed to operate a child welfare agency may, at the time of renewal of that license or at any other time that the person considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,6,14 4. Before employing any person or permitting any person to be an adult resident, a person licensed to operate a child welfare agency shall conduct, with the assistance of the department of justice, a background investigation of the prospective employe or prospective adult resident, unless that prospective employe or prospective adult resident has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,6,24 (c) If the person being investigated under par. (b) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant or licensee determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant or licensee shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining his or her arrest and conviction record.

SB24-SSA1,7,2 (d) Upon request, a person being investigated under par. (b) shall provide the applicant or licensee with all of the following information:

SB24-SSA1,7,3 1. The person's name.

SB24-SSA1,7,4 2. The person's social security number.

SB24-SSA1,7,6 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,7,10 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under s. 48.67.

SB24-SSA1,7,20 (e) An applicant or licensee may not employ a person or permit a person to be an adult resident until the applicant or licensee receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in subds. 1. to 3. An applicant or licensee may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in subds. 1. to 3. An applicant or licensee may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,7,23 1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

SB24-SSA1,8,3 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB24-SSA1,8,12 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that an applicant or licensee may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

SB24-SSA1,8,15 (f) An applicant or licensee shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB24-SSA1, s. 5 Section 5. 48.625 (1) of the statutes is amended to read:

SB24-SSA1,8,24 48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB24-SSA1, s. 6 Section 6. 48.625 (1m) of the statutes is created to read:

SB24-SSA1,9,4 48.625 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a group home with the intent of making the group home his or her home or who lives at a group home for more than 30 days cumulative in any 6-month period.

SB24-SSA1,9,8 (b) 1. Before applying for initial licensure to operate a group home, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,9,15 2. Any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed to operate a group home or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending shall, within 6 months after the effective date of this subdivision .... [revisor inserts date], or before applying for license renewal, whichever is earlier, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,9,20 3. Subject to subd. 2., a person licensed to operate a group home may, at the time of renewal of that license or at any other time that the person considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,9,25 4. Before employing any person or permitting any person to be an adult resident, a person licensed to operate a group home shall conduct, with the assistance of the department of justice, a background investigation of the prospective employe or prospective adult resident, unless that prospective employe or prospective adult resident has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,10,10 (c) If the person being investigated under par. (b) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant or licensee determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant or licensee shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining his or her arrest and conviction record.

SB24-SSA1,10,12 (d) Upon request, a person being investigated under par. (b) shall provide the applicant with all of the following information:

SB24-SSA1,10,13 1. The person's name.

SB24-SSA1,10,14 2. The person's social security number.

SB24-SSA1,10,16 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,10,20 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under s. 48.67.

SB24-SSA1,11,5 (e) An applicant or licensee may not employ a person or permit a person to be an adult resident until the applicant or licensee receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in subds. 1. to 3. An applicant or licensee may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in subds. 1. to 3. An applicant or licensee may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,11,8 1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

SB24-SSA1,11,13 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB24-SSA1,11,22 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that an applicant or licensee may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

SB24-SSA1,11,25 (f) An applicant or licensee shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB24-SSA1, s. 7 Section 7. 48.65 (1) of the statutes is amended to read:

SB24-SSA1,12,9 48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m), if applicable, and pay the license fee under sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB24-SSA1, s. 8 Section 8. 48.65 (1m) of the statutes is created to read:

SB24-SSA1,12,16 48.65 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a day care center that provides care and supervision for 9 or more children with the intent of making the day care center that provides care and supervision for 9 or more children his or her home or who lives for more than 30 days cumulative in any 6-month period at a day care center that provides care and supervision for 9 or more children.

SB24-SSA1,12,20 (b) 1. Before applying for initial licensure to operate a day care center that provides care and supervision for 9 or more children, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,13,3 2. Any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed to operate a day care center that provides care and supervision for 9 or more children or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending shall, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on applying for license renewal, whichever is earlier, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,13,8 3. Subject to subd. 2., a person licensed to operate a day care center that provides care and supervision for 9 or more children may, at the time of renewal of that license or at any other time that the person considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,13,14 4. Before employing any person or permitting any person to be an adult resident, a person licensed to operate a day care center that provides care and supervision for 9 or more children shall conduct, with the assistance of the department of justice, a background investigation of the prospective employe or prospective adult resident, unless that prospective employe or prospective adult resident has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,13,24 (c) If the person being investigated under par. (b) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant or licensee determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant or licensee shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining his or her arrest and conviction record.