SB24-SSA1,14,107 4. Information regarding the conviction record of the person under the law of
8this state or any other state or under federal law. This information shall be provided
9on a notarized background verification form that the department shall provide by
10rule promulgated under s. 48.67.
SB24-SSA1,14,2011 (e) An applicant or licensee may not employ a person or permit a person to be
12an adult resident until the applicant or licensee receives information from the
13department of justice indicating that the person's conviction record under the law of
14this state is satisfactory according to the criteria specified in subds. 1. to 3. An
15applicant or licensee may employ a person or permit a person to be an adult resident
16conditioned on the receipt of information from the federal bureau of investigation
17indicating that the person's conviction record under the law of any other state or
18under federal law is satisfactory according to the criteria specified in subds. 1. to 3.
19An applicant or licensee may not employ a person or permit a person to be an adult
20resident if any of the following applies:
SB24-SSA1,14,2321 1. The person has been convicted of a violation of ch. 161 that is punishable as
22a felony or of a violation of the law of any other state or federal law that would be a
23violation of ch. 161 that is punishable as a felony if committed in this state.
SB24-SSA1,15,324 2. The person has had imposed on him or her a penalty specified in s. 939.62,
25939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the

1law of any other state or federal law under circumstances under which the person
2would be subject to a penalty specified in any of those sections if convicted in this
3state.
SB24-SSA1,15,124 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than
5a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of
6the law of any other state or federal law that would be a violation of ch. 940, 944 or
7948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if
8committed in this state, except that an applicant or licensee may employ or permit
9to be an adult resident a person who has been convicted of a violation of s. 944.30,
10944.31 or 944.33 or of a violation of the law of any other state or federal law that
11would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that
12violation occurred 20 years or more before the date of the investigation.
SB24-SSA1,15,1513 (f) An applicant or licensee shall keep confidential all information received
14under this subsection from the department of justice or the federal bureau of
15investigation.
SB24-SSA1, s. 9 16Section 9. 48.68 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is
17amended to read:
SB24-SSA1,16,818 48.68 (1) After receipt of an application for a license, the department shall
19investigate to determine if the applicant meets the minimum requirements for a
20license adopted by the department under s. 48.67. The investigation shall include
21a background investigation under sub. (1m) (b) and, if applicable, a background
22investigation under sub. (1m) (c).
In determining whether to issue a license, the
23department may consider any action by the applicant, or by an employe of the
24applicant, that constitutes a substantial failure by the applicant or employe to
25protect and promote the health, safety and welfare of a child. Upon satisfactory

1completion of this investigation and payment of the fee required under s. 48.22 (7)
2(b), 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall issue a
3license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At
4the time of initial licensure and license renewal, the department shall provide a
5foster home licensee with written information relating to the age-related monthly
6foster care rates and supplemental payments specified in s. 48.62 (4), including
7payment amounts, eligibility requirements for supplemental payments and the
8procedures for applying for supplemental payments.
SB24-SSA1, s. 10 9Section 10. 48.68 (1m) of the statutes is created to read:
SB24-SSA1,16,1610 48.68 (1m) (a) In this subsection, "adult resident" means a person 18 years of
11age or over who lives at a foster home or treatment foster home that is licensed by
12the department, a group home or a day care center that provides care and supervision
13for 4 to 8 children with the intent of making that premises his or her home or who
14lives for more than 30 days cumulative in any 6-month period at a foster home or
15treatment foster home that is licensed by the department, a group home or a day care
16center that provides care and supervision for 4 to 8 children.
SB24-SSA1,16,2017 (b) 1. After receipt of an application for a license to operate a shelter care
18facility, child welfare agency, foster home, treatment foster home, group home or day
19care center, the department, with the assistance of the department of justice, shall
20conduct a background investigation of the applicant.
SB24-SSA1,17,321 2. The department, with the assistance of the department of justice, shall
22conduct a background investigation of any person who, on the effective date of this
23subdivision .... [revisor inserts date], is licensed by the department to operate a
24shelter care facility, child welfare agency, foster home, treatment foster home, group
25home or day care center or who, on the effective date of this subdivision .... [revisor

1inserts date], has an application for a license pending with the department within
26 months after the effective date of this subdivision .... [revisor inserts date], or on
3renewing the license of that person, whichever is earlier.
SB24-SSA1,17,84 3. Subject to subd. 2., the department, with the assistance of the department
5of justice, may conduct a background investigation of any person who is licensed by
6the department to operate a shelter care facility, child welfare agency, foster home,
7treatment foster home, group home or day care center at the time of license renewal
8or at any other time that the department considers to be appropriate.
SB24-SSA1,17,139 (c) 1. After receipt of an application for a license to operate a foster home,
10treatment foster home or day care center that provides care and supervision for 4 to
118 children, the department, with the assistance of the department of justice, shall,
12in addition to the investigation under par. (b), conduct a background investigation
13of each employe and prospective employe of the applicant and of each adult resident.
SB24-SSA1,17,2114 2. The department, with the assistance of the department of justice, shall
15conduct a background investigation of each employe, prospective employe and adult
16resident of any foster home, treatment foster home or day care center that provides
17care and supervision for 4 to 8 children that, on the effective date of this subdivision
18.... [revisor inserts date], is licensed under s. 48.66 (1) or 48.69 or that, on the effective
19date of this subdivision .... [revisor inserts date], has an application for a license
20pending with the department within 6 months after the effective date of this
21subdivision .... [revisor inserts date], or on renewing the license, whichever is earlier.
SB24-SSA1,18,222 3. Subject to subd. 2., the department, with the assistance of the department
23of justice, may conduct a background investigation of any employe, prospective
24employe or adult resident of a foster home or treatment foster home that is licensed
25by the department or a day care center that provides care and supervision for 4 to

18 children at the time of license renewal or at any other time that the department
2considers to be appropriate.
SB24-SSA1,18,83 4. Before a foster home or treatment foster home that is licensed by the
4department or a day care center that provides care and supervision for 4 to 8 children
5may employ any person or permit any person to be an adult resident, the department,
6with the assistance of the department of justice, shall conduct a background
7investigation of the prospective employe or prospective adult resident unless that
8person has already been investigated under subd. 1., 2. or 3.
SB24-SSA1,18,179 (d) If the person being investigated under par. (b) or (c) is a nonresident, or if
10at any time within the 5 years preceding the date of the investigation that person has
11been a nonresident, or if the department determines that the person's employment,
12licensing or state court records provide a reasonable basis for further investigation,
13the department shall require the person to be photographed and fingerprinted on 2
14fingerprint cards, each bearing a complete set of the person's fingerprints. The
15department of justice may provide for the submission of the fingerprint cards to the
16federal bureau of investigation for the purposes of verifying the identity of the person
17fingerprinted and obtaining records of his or her criminal arrest and conviction.
SB24-SSA1,18,1918 (e) Upon request, a person being investigated under par. (b) or (c) shall provide
19the department with all of the following information:
SB24-SSA1,18,2020 1. The person's name.
SB24-SSA1,18,2121 2. The person's social security number.
SB24-SSA1,18,2322 3. Other identifying information, including the person's birthdate, gender, race
23and any identifying physical characteristics.
SB24-SSA1,19,224 4. Information regarding the conviction record of the person under the law of
25this state or any other state or under federal law. This information shall be provided

1on a notarized background verification form that the department shall provide by
2rule promulgated under s. 48.67.
SB24-SSA1,19,123 (f) 1. The department may not issue a license to operate a shelter care facility,
4child welfare agency, foster home, treatment foster home, group home or day care
5center until the department receives information from the department of justice
6indicating that the conviction record of the applicant or licensee under the law of this
7state is satisfactory according to the criteria specified in par. (g) 1. to 3. The
8department may issue a license to operate a shelter care facility, child welfare agency,
9foster home, treatment foster home, group home or day care center conditioned on
10the receipt of information from the federal bureau of investigation indicating that the
11person's conviction record under the law of any other state or under federal law is
12satisfactory according to the criteria specified in par. (g) 1. to 3.
SB24-SSA1,19,2413 2. A foster home or treatment foster home that is licensed by the department
14or a day care center that provides care and supervision for 4 to 8 children may not
15employ a person or permit a person to be an adult resident until the department
16receives information from the department of justice indicating that the person's
17conviction record under the law of this state is satisfactory according to the criteria
18specified in par. (g) 1. to 3. and the department so advises the foster home, treatment
19foster home or day care center. A foster home or treatment foster home that is
20licensed by the department or a day care center that provides care and supervision
21for 4 to 8 children may employ a person or permit a person to be an adult resident
22conditioned on the receipt of information from the federal bureau of investigation
23indicating that the person's conviction record under the law of any other state or
24under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
SB24-SSA1,20,6
1(g) Subject to par. (h), the department may not issue or renew a license to
2operate a shelter care facility, child welfare agency, foster home, treatment foster
3home, group home or day care center and a foster home or treatment foster home that
4is licensed by the department or a day care center that provides care and supervision
5for 4 to 8 children may not employ a person or permit a person to be an adult resident
6if any of the following applies:
SB24-SSA1,20,107 1. The applicant, licensee or other person has been convicted of a violation of
8ch. 161 that is punishable as a felony or of a violation of the law of any other state
9or federal law that would be a violation of ch. 161 that is punishable as a felony if
10committed in this state.
SB24-SSA1,20,1511 2. The applicant, licensee or other person has had imposed on him or her a
12penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has
13been convicted of a violation of the law of any other state or federal law under
14circumstances under which the applicant, licensee or other person would be subject
15to a penalty specified in any of those sections if convicted in this state.
SB24-SSA1,21,216 3. The applicant, licensee or other person has been convicted of a violation of
17ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
18or 948.70, or of a violation of the law of any other state or federal law that would be
19a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36,
20948.45, 948.63 or 948.70, if committed in this state, except that the department may
21issue a license to or renew the license of, and a foster home or treatment foster home
22that is licensed by the department or a day care center that provides care and
23supervision for 4 to 8 children may employ or permit to be an adult resident, a person
24who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation
25of the law of any other state or federal law that would be a violation of s. 944.30,

1944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more
2before the date of the investigation.
SB24-SSA1,21,103 (h) Notwithstanding par. (g), a person whose application to the department for
4initial licensure to operate a foster home or treatment foster home or renewal of a
5license to operate a foster home or treatment foster home has been denied on one of
6the grounds specified in par. (g) 1. to 3. may petition the department for a review of
7that denial under s. 48.64 (4) (a). If the department determines that issuing or
8renewing the license would be in the best interests of a child, the department shall
9order that the license be issued or renewed. The department shall promulgate rules
10to provide standards under which to review a petition under this paragraph.
SB24-SSA1,21,1611 (i) The department shall keep confidential all information received under this
12subsection from the department of justice or the federal bureau of investigation,
13except that the department may disclose any information obtained under this
14subsection to a person who is conducting a background investigation under s. 48.22
15(7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.75 (1m) or 118.19 (10). Such
16information is not subject to inspection or copying under s. 19.35.
SB24-SSA1,21,1917 (j) The department may charge a fee for conducting a background investigation
18under this subsection. The fee may not exceed the reasonable cost of conducting the
19investigation.
SB24-SSA1, s. 11 20Section 11. 48.715 (2) (bm) of the statutes is created to read:
SB24-SSA1,22,221 48.715 (2) (bm) That a person who employs in any capacity, whether as an
22officer, director, agent or employe, a person to whom any of the following applies, or
23who permits to be an adult resident, as defined in s. 48.22 (7m) (a), 48.60 (1m) (a),
2448.625 (1m) (a), 48.65 (1m) (a) or 48.68 (1m) (a), a person to whom any of the following

1applies, terminate the employment or residence of that person immediately on
2receipt of the order:
SB24-SSA1,22,53 1. The person has been convicted of a violation of ch. 161 that is punishable as
4a felony or of a violation of the law of any other state or federal law that would be a
5violation of ch. 161 that is punishable as a felony if committed in this state.
SB24-SSA1,22,106 2. The person has had imposed on him or her a penalty specified in s. 939.62,
7939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the
8law of any other state or federal law under circumstances under which the person
9would be subject to a penalty specified in any of those sections if convicted in this
10state.
SB24-SSA1,22,1911 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than
12a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of
13the law of any other state or federal law that would be a violation of ch. 940, 944 or
14948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if
15committed in this state, except that the person may not be required to terminate the
16employment or residence of a person who has been convicted of a violation of s.
17944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law
18that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if
19that violation occurred 20 years or more before the date of the investigation.
SB24-SSA1, s. 12 20Section 12. 48.75 (1) of the statutes is amended to read:
SB24-SSA1,23,921 48.75 (1) Child welfare agencies, if licensed to do so by the department, and
22county departments may license foster homes and treatment foster homes . After
23receipt of an application for a license, the child welfare agency or county department
24shall investigate to determine if the applicant meets the minimum requirements for
25a license
under the rules promulgated by the department under s. 48.67 governing

1the licensing of foster homes and treatment foster homes. The investigation shall
2include a background investigation as provided in sub. (1m).
A foster home or
3treatment foster home license shall be issued for a term not to exceed 2 years from
4the date of issuance, is not transferable and may be revoked by the child welfare
5agency or by the county department because the licensee has substantially and
6intentionally violated any provision of this chapter or of the rules of the department
7promulgated pursuant to s. 48.67 or because the licensee fails to meet the minimum
8requirements for a license. The licensee shall be given written notice of any
9revocation and the grounds therefor.
SB24-SSA1, s. 13 10Section 13. 48.75 (1m) of the statutes is created to read:
SB24-SSA1,23,1611 48.75 (1m) (a) In this subsection, "adult resident" means a person 18 years of
12age or over who lives at a foster home or treatment foster home that is licensed by
13a child welfare agency or county department with the intent of making the foster
14home or treatment foster home his or her home or who lives for more than 30 days
15cumulative in any 6-month period at a foster home or treatment foster home that is
16licensed by a child welfare agency or county department.
SB24-SSA1,23,2017 (b) 1. After receipt of an application for a license to operate a foster home or
18treatment foster home, the child welfare agency or county department, with the
19assistance of the department of justice, shall conduct a background investigation of
20the applicant.
SB24-SSA1,24,321 2. The child welfare agency or county department, with the assistance of the
22department of justice, shall conduct a background investigation of any person who,
23on the effective date of this subdivision .... [revisor inserts date], is licensed by the
24child welfare agency or county department to operate a foster home or treatment
25foster home or who, on the effective date of this subdivision .... [revisor inserts date],

1has an application for a license pending with the child welfare agency or county
2department within 6 months after the effective date of this subdivision .... [revisor
3inserts date], or on renewing the license of that person, whichever is earlier.
SB24-SSA1,24,94 3. Subject to subd. 2., the child welfare agency or county department, with the
5assistance of the department of justice, may conduct a background investigation of
6any person who is licensed by the child welfare agency or county department to
7operate a foster home or treatment foster home at the time of license renewal or at
8any other time that the child welfare agency or county department considers to be
9appropriate.
SB24-SSA1,24,1410 (c) 1. After receipt of an application for a license to operate a foster home or
11treatment foster home, the child welfare agency or county department, with the
12assistance of the department of justice, shall, in addition to the investigation under
13par. (b), conduct a background investigation of each employe and prospective
14employe of the applicant and of each adult resident.
SB24-SSA1,24,2215 2. The child welfare agency or county department, with the assistance of the
16department of justice, shall conduct a background investigation of each employe,
17prospective employe and adult resident of any foster home or treatment foster home
18that, on the effective date of this subdivision .... [revisor inserts date], is licensed
19under this section or that, on the effective date of this subdivision .... [revisor inserts
20date], has an application for a license pending with the child welfare agency or county
21department within 6 months after that date or on renewing the license, whichever
22is earlier.
SB24-SSA1,25,323 3. Subject to subd. 2., the child welfare agency or county department, with the
24assistance of the department of justice, may conduct a background investigation of
25any employe, prospective employe or adult resident of a foster home or treatment

1foster home that is licensed by the child welfare agency or county department at the
2time of license renewal or at any other time that the child welfare agency or county
3department considers to be appropriate.
SB24-SSA1,25,94 4. Before a foster home or treatment foster home that is licensed by the child
5welfare agency or county department may employ any person or permit any person
6to be an adult resident, the child welfare agency or county department, with the
7assistance of the department of justice, shall conduct a background investigation of
8the prospective employe or prospective adult resident unless that person has already
9been investigated under subd. 1., 2. or 3.
SB24-SSA1,25,1910 (d) If the person being investigated under par. (b) or (c) is a nonresident, or at
11any time within the 5 years preceding the date of the application has been a
12nonresident, or if the child welfare agency or county department determines that the
13person's employment, licensing or state court records provide a reasonable basis for
14further investigation, the child welfare agency or county department shall require
15the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing
16a complete set of the person's fingerprints. The department of justice may provide
17for the submission of the fingerprint cards to the federal bureau of investigation for
18the purposes of verifying the identity of the person fingerprinted and obtaining
19records of his or her criminal arrest and conviction.
SB24-SSA1,25,2120 (e) Upon request, a person being investigated under par. (b) or (c) shall provide
21the child welfare agency or county department with all of the following information:
SB24-SSA1,25,2222 1. The person's name.
SB24-SSA1,25,2323 2. The person's social security number.
SB24-SSA1,25,2524 3. Other identifying information, including the person's birthdate, gender, race
25and any identifying physical characteristics.
SB24-SSA1,26,4
14. Information regarding the conviction record of the person under the law of
2this state or any other state or under federal law. This information shall be provided
3on a notarized background verification form that the department shall provide by
4rule promulgated under s. 48.67.
SB24-SSA1,26,135 (f) 1. The child welfare agency or county department may not issue a license
6to operate a foster home or treatment foster home until the child welfare agency or
7county department receives information from the department of justice indicating
8that the conviction record of the applicant or licensee under the law of this state is
9satisfactory according to the criteria specified in par (g). 1. to 3. The department may
10issue a license to operate a foster home or treatment foster home conditioned on the
11receipt of information from the federal bureau of investigation indicating that the
12person's conviction record under the law of any other state or under federal law is
13satisfactory according to the criteria specified in par (g). 1. to 3.
SB24-SSA1,26,2414 2. A foster home or treatment foster home that is licensed by a child welfare
15agency or county department may not employ a person or permit a person to be an
16adult resident until the child welfare agency or county department receives
17information from the department of justice indicating that the person's conviction
18record under the law of this state is satisfactory according to the criteria specified in
19par. (g) 1. to 3. and the child welfare agency or county department so advises the
20foster home or treatment foster home. A foster home or treatment foster home may
21employ a person or permit a person to be an adult resident conditioned on the receipt
22of information from the federal bureau of investigation indicating that the person's
23conviction record under the law of any other state or under federal law is satisfactory
24according to the criteria specified in par. (g) 1. to 3.
SB24-SSA1,27,5
1(g) Subject to par. (h), the child welfare agency or county department may not
2issue or renew a license to operate a foster home or treatment foster home and a foster
3home or treatment foster home that is licensed by a child welfare agency or county
4department may not employ a person or permit a person to be an adult resident if any
5of the following applies:
SB24-SSA1,27,96 1. The applicant, licensee or other person has been convicted of a violation of
7ch. 161 that is punishable as a felony or of a violation of the law of any other state
8or federal law that would be a violation of ch. 161 that is punishable as a felony if
9committed in this state.
SB24-SSA1,27,1410 2. The applicant, licensee or other person has had imposed on him or her a
11penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has
12been convicted of a violation of the law of any other state or federal law under
13circumstances under which the applicant, licensee or other person would be subject
14to a penalty specified in any of those sections if convicted in this state.
SB24-SSA1,27,2515 3. The applicant, licensee or other person has been convicted of a violation of
16ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
17or 948.70, or of a violation of the law of any other state or federal law that would be
18a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36,
19948.45, 948.63 or 948.70, if committed in this state, except that the child welfare
20agency or county department may issue a license to or renew the license of, and a
21foster home or treatment foster home may employ or permit to be an adult resident
22a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a
23violation of the law of any other state or federal law that would be a violation of s.
24944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years
25or more before the date of the investigation.
SB24-SSA1,28,9
1(h) Notwithstanding par. (g), a person whose application to a child welfare
2agency or county department for initial licensure to operate a foster home or
3treatment foster home or renewal of a license to operate a foster home or treatment
4foster home has been denied on one of the grounds specified in par. (g) 1. to 3. may
5petition the department for a review of that denial under s. 48.64 (4) (a). If the
6department determines that issuing or renewing the license would be in the best
7interests of a child, the department shall order that the license be issued or renewed.
8The department shall promulgate rules to provide standards under which to review
9a petition under this paragraph.
SB24-SSA1,28,1710 (i) The child welfare agency or county department shall keep confidential all
11information received under this subsection from the department of justice or the
12federal bureau of investigation, except that the child welfare agency may disclose
13any information obtained under this subsection to any other child welfare agency or
14county department conducting an investigation under this subsection or to any
15person conducting an investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m),
1648.65 (1m), 48.68 (1m) or 118.19 (10). Such information is not subject to inspection
17or copying under s. 19.35.
SB24-SSA1,28,2018 (j) The child welfare agency or county department may charge a fee for
19conducting a background investigation under this subsection. The fee may not
20exceed the reasonable cost of conducting the investigation.
SB24-SSA1, s. 14 21Section 14. Initial applicability; health and social services.
SB24-SSA1,29,2 22(1)  Criminal background investigations. The treatment of sections 48.22 (7)
23(a) and (7m), 48.60 (1) and (1m), 48.625 (1) and (1m), 48.65 (1) and (1m), 48.68 (1) and
24(1m) and 48.75 (1) and (1m) of the statutes first applies to applications to operate a

1child welfare agency, group home, shelter care facility, day care center, foster home
2or treatment foster home received on the effective date of this subsection.
SB24-SSA1,29,5 3(2) Sanctions and penalties. The treatment of section 48.715 (2) (bm) of the
4statutes first applies to proceedings under section 48.715 of the statutes, as affected
5by this act, commenced on the effective date of this subsection.
Loading...
Loading...