AB30-ASA1,4,1412 48.625 (3) This section does not apply to a foster home licensed under s. 48.62
13(1) or to a relative or guardian of a child or a person delegated care and custody of
14a child under s. 48.979 who provides care and maintenance for the child
.
AB30-ASA1, s. 4 15Section 4. 48.63 (2) of the statutes is amended to read:
AB30-ASA1,4,2016 48.63 (2) No person may place a child or offer or hold himself or herself out as
17able to place a child, except as provided in this section. Enrollment of a child by a
18parent or guardian in an educational institution shall and delegation of care and
19custody of a child to an agent under s. 48.979 do
not constitute a placement for the
20purposes of this section.
AB30-ASA1, s. 5 21Section 5. 48.685 (1) (ag) 1. am. of the statutes is created to read:
AB30-ASA1,4,2322 48.685 (1) (ag) 1. am. A person to whom delegation of the care and custody of
23a child under s. 48.979 has been, or is expected to be, facilitated by an entity.
AB30-ASA1, s. 6 24Section 6. 48.685 (1) (am) of the statutes is amended to read:
AB30-ASA1,5,2
148.685 (1) (am) "Client" means a child who receives direct care or treatment
2services from an entity or from a caregiver specified in par. (ag) 1. am.
AB30-ASA1, s. 7 3Section 7. 48.685 (1) (ar) of the statutes is amended to read:
AB30-ASA1,5,84 48.685 (1) (ar) "Contractor" means, with respect to an entity, a person, or that
5person's agent, who provides services to the entity under an express or implied
6contract or subcontract, including a person who has staff privileges at the entity and
7a person to whom delegation of the care and custody of a child under s. 48.979 has
8been facilitated by the entity
.
AB30-ASA1, s. 8 9Section 8. 48.685 (1) (b) of the statutes is amended to read:
AB30-ASA1,5,1810 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
1148.60 to provide care and maintenance for children, to place children for adoption,
12or to license foster homes; a foster home that is licensed under s. 48.62; a group home
13that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22;
14a child care center that is licensed under s. 48.65 or established or contracted for
15under s. 120.13 (14); a child care provider that is certified under s. 48.651; an
16organization that facilitates delegations of the care and custody of children under s.
1748.979;
or a temporary employment agency that provides caregivers to another
18entity.
AB30-ASA1, s. 9 19Section 9. 48.685 (1) (bm) of the statutes is amended to read:
AB30-ASA1,5,2320 48.685 (1) (bm) "Nonclient resident" means a person who resides, or is expected
21to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a
22client of the entity or caregiver, and who has, or is expected to have, regular, direct
23contact with clients of the entity or caregiver.
AB30-ASA1, s. 10 24Section 10. 48.685 (2) (am) 5. of the statutes is amended to read:
AB30-ASA1,6,13
148.685 (2) (am) 5. Information maintained by the department of health services
2under this section and under ss. 48.651 (2m), 48.75 (1m), 48.979 (1) (b), and 120.13
3(14) regarding any denial to the person of a license, continuation or renewal of a
4license, certification, or a contract to operate an entity for a reason specified in sub.
5(4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract
6with, or permission to reside at an entity or of permission to reside with a caregiver
7specified in sub. (1) (ag) 1. am.
for a reason specified in sub. (4m) (b) 1. to 5. If the
8information obtained under this subdivision indicates that the person has been
9denied a license, continuation or renewal of a license, certification, a contract,
10employment, or permission to reside as described in this subdivision, the
11department, a county department, an agency contracted with under s. 48.651 (2), a
12child welfare agency, or a school board need not obtain the information specified in
13subds. 1. to 4.
AB30-ASA1, s. 11 14Section 11. 48.685 (2) (b) 1. (intro.) of the statutes is amended to read:
AB30-ASA1,6,1815 48.685 (2) (b) 1. (intro.) Every entity shall obtain all of the following with
16respect to a caregiver specified in sub. (1) (ag) 1. a. or am. of the entity and with
17respect to a nonclient resident of a caregiver specified in sub. (1) (ag) 1. am.
of the
18entity:
AB30-ASA1, s. 12 19Section 12. 48.685 (2) (b) 1. e. of the statutes is amended to read:
AB30-ASA1,7,520 48.685 (2) (b) 1. e. Information maintained by the department of health
21services under this section and under ss. 48.651 (2m), 48.75 (1m), 48.979 (1) (b), and
22120.13 (14) regarding any denial to the person of a license, continuation or renewal
23of a license, certification, or a contract to operate an entity for a reason specified in
24sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a
25contract with, or permission to reside at an entity or of permission to reside with a

1caregiver specified in sub. (1) (ag) 1. am.
for a reason specified in sub. (4m) (b) 1. to
25. If the information obtained under this subd. 1. e. indicates that the person has
3been denied a license, continuation or renewal of a license, certification, a contract,
4employment, or permission to reside as described in this subd. 1. e., the entity need
5not obtain the information specified in subd. 1. a. to d.
AB30-ASA1, s. 13 6Section 13. 48.685 (2) (bd) of the statutes is amended to read:
AB30-ASA1,7,237 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
8department, an agency contracted with under s. 48.651 (2), a child welfare agency,
9or a school board is not required to obtain the information specified in par. (am) 1.
10to 5., and an entity is not required to obtain the information specified in par. (b) 1.
11a. to e., with respect to a person under 18 years of age whose background information
12form under sub. (6) (am) indicates that the person is not ineligible to be employed at,
13contracted with, or permitted to reside at an entity or permitted to reside with a
14caregiver specified under sub. (1) (ag) 1. am. of the entity
for a reason specified in sub.
15(4m) (b) 1. to 5. and with respect to whom the department, county department,
16contracted agency, child welfare agency, school board, or entity otherwise has no
17reason to believe that the person is ineligible to be employed, contracted with, or
18permitted to reside at an entity for any of those reasons. This paragraph does not
19preclude the department, a county department, an agency contracted with under s.
2048.651 (2), a child welfare agency, or a school board from obtaining, at its discretion,
21the information specified in par. (am) 1. to 5. with respect to a person described in
22this paragraph who is a nonclient resident or a prospective nonclient resident of an
23entity.
AB30-ASA1, s. 14 24Section 14. 48.685 (3) (b) of the statutes is amended to read:
AB30-ASA1,8,5
148.685 (3) (b) Subject to par. (bm), every 4 years or at any time within that
2period that an entity considers appropriate, the entity shall request the information
3specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub.
4(1) (ag) 1. a. or am. of the entity and for all nonclient residents of a caregiver specified
5in sub. (1) (ag) 1. am.
of the entity. child child
AB30-ASA1, s. 15 6Section 15. 48.685 (4m) (b) (intro.) of the statutes is amended to read:
AB30-ASA1,8,117 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
8sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1)
9(ag) 1. a. or am. or permit a nonclient resident to reside at the entity or with a
10caregiver specified in sub. (1) (ag) 1. am. of the entity
if the entity knows or should
11have known any of the following:
AB30-ASA1, s. 16 12Section 16. 48.685 (4m) (c) of the statutes is amended to read:
AB30-ASA1,9,213 48.685 (4m) (c) If the background information form completed by a person
14under sub. (6) (am) indicates that the person is not ineligible to be employed or
15contracted with for a reason specified in par. (b) 1. to 5., an entity may employ or
16contract with the person for not more than 60 days pending the receipt of the
17information sought under sub. (2) (am) 1. to 5. or (b) 1. If the background information
18form completed by a person under sub. (6) (am) indicates that the person is not
19ineligible to be permitted to reside at an entity or with a caregiver specified in sub.
20(1) (ag) 1. am.
for a reason specified in par. (b) 1. to 5. and if an entity otherwise has
21no reason to believe that the person is ineligible to be permitted to reside at an entity
22or with that caregiver for any of those reasons, the entity may permit the person to
23reside at the entity or with the caregiver for not more than 60 days pending receipt
24of the information sought under sub. (2) (am) or (b) 1. An entity shall provide

1supervision for a person who is employed, contracted with, or permitted to reside as
2permitted under this paragraph.
AB30-ASA1, s. 17 3Section 17. 48.685 (5) (a) of the statutes is amended to read:
AB30-ASA1,9,194 48.685 (5) (a) Subject to pars. (bm) and (br), the department may license to
5operate an entity, the department in a county having a population of 500,000 or more,
6a county department, or an agency contracted with under s. 48.651 (2) may certify
7under s. 48.651, a county department or a child welfare agency may license under
8s. 48.62, and a school board may contract with under s. 120.13 (14) a person who
9otherwise may not be licensed, certified, or contracted with for a reason specified in
10sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at
11the entity or permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the
12entity
a person who otherwise may not be employed, contracted with, or permitted
13to reside at the entity or with that caregiver for a reason specified in sub. (4m) (b) 1.
14to 5., if the person demonstrates to the department, the county department, the
15contracted agency, the child welfare agency, or the school board or, in the case of an
16entity that is located within the boundaries of a reservation, to the person or body
17designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence
18and in accordance with procedures established by the department by rule or by the
19tribe that he or she has been rehabilitated.
AB30-ASA1, s. 18 20Section 18. 48.685 (5m) of the statutes is amended to read:
AB30-ASA1,9,2521 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
22a person to operate an entity, a county department or a child welfare agency may
23refuse to license a foster home under s. 48.62, and an entity may refuse to employ or
24contract with a caregiver or permit a nonclient resident to reside at the entity or with
25a caregiver specified in sub. (1) (ag) 1. am. of the entity
if the person has been

1convicted of an offense that is not a serious crime, but that is, in the estimation of the
2department, county department, child welfare agency, or entity, substantially
3related to the care of a client. Notwithstanding s. 111.335, the department may
4refuse to license a person to operate a child care center, the department in a county
5having a population of 500,000 or more, a county department, or an agency
6contracted with under s. 48.651 (2) may refuse to certify a child care provider under
7s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14),
8and a child care center that is licensed under s. 48.65 or established or contracted for
9under s. 120.13 (14) or a child care provider that is certified under s. 48.651 may
10refuse to employ or contract with a caregiver or permit a nonclient resident to reside
11at the child care center or child care provider if the person has been convicted of or
12adjudicated delinquent on or after his or her 12th birthday for an offense that is not
13a serious crime, but that is, in the estimation of the department, county department,
14contracted agency, school board, child care center, or child care provider,
15substantially related to the care of a client.
AB30-ASA1, s. 19 16Section 19. 48.685 (6) (am) of the statutes is amended to read:
AB30-ASA1,10,2517 48.685 (6) (am) Except as provided in this paragraph, every 4 years an entity
18shall require all of its caregivers and all nonclient residents of the entity or of a
19caregiver specified in sub. (1) (ag) 1. am. of the entity
to complete a background
20information form that is provided to the entity by the department. Every year a day
21child care center that is licensed under s. 48.65 or established or contracted for under
22s. 120.13 (14) or a day child care provider that is certified under s. 48.651 shall
23require all of its caregivers and nonclient residents to complete a background
24information form that is provided to the day child care center or day child care
25provider by the department.
AB30-ASA1, s. 20
1Section 20. 48.979 of the statutes is created to read:
AB30-ASA1,11,10 248.979 Delegation of power by parent. (1) (a) A parent who has legal
3custody of a child, by a power of attorney that is properly executed by all parents who
4have legal custody of the child, may delegate to an agent, for a period not to exceed
5one year, any of his or her powers regarding the care and custody of the child, except
6the power to consent to the marriage or adoption of the child, the performance or
7inducement of an abortion on or for the child, the termination of parental rights to
8the child, or the enlistment of the child in the U.S. armed forces. A delegation of
9powers under this paragraph does not deprive the parent of any of his or her powers
10regarding the care and custody of the child.
AB30-ASA1,11,2111 (b) If a delegation of powers to an agent under par. (a) is facilitated by an entity,
12as defined in s. 48.685 (1) (b), that entity shall obtain the information specified in s.
1348.685 (2) (b) 1. with respect to the proposed agent and any nonclient resident, as
14defined in s. 48.685 (1) (bm), of the proposed agent. Subject to s. 48.685 (5), if that
15information indicates that the proposed agent may not be a contractor, as defined in
16s. 48.685 (1) (ar), of the entity or that a nonclient resident of the proposed agent may
17not be permitted to reside with the proposed agent for a reason specified in s. 48.685
18(4m) (b) 1. to 5., the entity may not facilitate a delegation of powers to the proposed
19agent under par. (a). The entity shall provide the department of health services with
20information about each person who is denied a delegation of powers or permission
21to reside under this paragraph for a reason specified in s. 48.685 (4m) (b) 1. to 5.
AB30-ASA1,11,2522 (c) A parent who has legal custody of a child may not place the child in a foster
23home, group home, or inpatient treatment facility by means of a delegation of powers
24under par. (a). Those placements may be made only by means of a court order or as
25provided in s. 48.63 or 51.13.
AB30-ASA1,12,2
1(d) A delegation of powers under par. (a) does not prevent or supersede any of
2the following:
AB30-ASA1,12,43 1. An agency, a sheriff, or a police department from receiving and investigating
4a report of suspected or threatened abuse or neglect of the child under s. 48.981.
AB30-ASA1,12,65 2. The child from being taken into and held in custody under ss. 48.19 to 48.21
6or 938.19 to 938.21.
AB30-ASA1,12,77 3. An intake worker from conducting an intake inquiry under s. 48.24 or 938.24.
AB30-ASA1,12,108 4. A court from exercising jurisdiction over the child under s. 48.13 or 938.13.
9This subdivision does not preclude a delegation of powers under par. (a) that is not
10in conflict with a court order granted in the exercise of that jurisdiction.
AB30-ASA1,12,1511 (e) A parent who has delegated his or her powers regarding the care and
12custody of a child under par. (a) may revoke that delegation at any time by executing
13a written revocation and notifying the agent in writing of the revocation. A written
14revocation invalidates the delegation of powers except with respect to acts already
15taken in reliance on the delegation of powers.
AB30-ASA1,12,17 16(2) A power of attorney complies with sub. (1) (a) if the power of attorney
17substantially conforms to the following form:
AB30-ASA1,12,18 18power of attorney
AB30-ASA1,12,19 19delegating parental power
AB30-ASA1,12,20 20Authorized by s. 48.979, Wis. Stats.
AB30-ASA1,12,2121 NAME(S) OF CHILD(REN)
AB30-ASA1,12,2322 This power of attorney is for the purpose of providing for the care and custody
23of:
AB30-ASA1,12,2424 Name, address, and date of birth of child ....
AB30-ASA1,12,2525 Name, address, and date of birth of child ....
AB30-ASA1,13,1
1Name, address, and date of birth of child ....
AB30-ASA1,13,22 DELEGATION OF POWER TO AGENT
AB30-ASA1,13,43 I, .... (name and address of parent), state that I have legal custody of the
4child(ren) named above. (Only a parent who has legal custody may use this form.)
AB30-ASA1,13,55 I delegate my parental power to:
AB30-ASA1,13,66 Name of agent ....
AB30-ASA1,13,77 Agent's address ....
AB30-ASA1,13,88 Agent's telephone number(s) ....
AB30-ASA1,13,99 Agent's e-mail address ....
AB30-ASA1,13,1010 Relationship of agent to child(ren) ....
AB30-ASA1,13,1111 The parental power I am delegating is as follows:
AB30-ASA1,13,1413 (Check if you want to delegate full parental power regarding the care and
14custody of the child(ren) names above.
)
AB30-ASA1,13,1615 .... Full parental power regarding the care and custody of the child(ren) named
16above
AB30-ASA1,13,1717 partial
AB30-ASA1,13,1918 (Check each subject over which you want to delegate your parental power
19regarding the child(ren) names above.
)
AB30-ASA1,13,2020 .... The power to consent to all health care; or
AB30-ASA1,13,2121 .... The power to consent to only the following health care:
AB30-ASA1,13,2322 .... Ordinary or routine health care, excluding major surgical procedures,
23extraordinary procedures, and experimental treatment
AB30-ASA1,13,2424 .... Emergency blood transfusion
AB30-ASA1,13,2525 .... Dental care
AB30-ASA1,14,1
1.... Disclosure of health information about the child(ren)
AB30-ASA1,14,22 .... The power to consent to educational and vocational services
AB30-ASA1,14,33 .... The power to consent to the employment of the child(ren)
AB30-ASA1,14,54 .... The power to consent to the disclosure of confidential information, other
5than health information, about the child(ren)
AB30-ASA1,14,66 .... The power to provide for the care and custody of the child(ren)
AB30-ASA1,14,87 .... The power to consent to the child(ren) obtaining a motor vehicle operator's
8license
AB30-ASA1,14,99 .... The power to travel with the child(ren) outside the state of Wisconsin
AB30-ASA1,14,1010 .... The power to obtain substitute care, such as child care, for the child(ren)
AB30-ASA1,14,1411 .... Other specifically delegated powers or limits on delegated powers (Fill in the
12following space or attach a separate sheet describing any other specific powers that
13you wish to delegate or any limits that you wish to place on the powers you are
14delegating.
) ....
AB30-ASA1,14,1715 This delegation of parental powers does not deprive a custodial or noncustodial
16parent of any of his or her powers regarding the care and custody of the child,
17whether granted by court order or force of law.
AB30-ASA1,14,2418 THIS DOCUMENT MAY NOT BE USED TO DELEGATE THE POWER TO
19CONSENT TO THE MARRIAGE OR ADOPTION OF THE CHILD(REN), THE
20PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR THE
21CHILD(REN), THE TERMINATION OF PARENTAL RIGHTS TO THE
22CHILD(REN), THE ENLISTMENT OF THE CHILD(REN) IN THE U.S. ARMED
23FORCES OR TO PLACE THE CHILD(REN) IN A FOSTER HOME, GROUP HOME,
24OR INPATIENT TREATMENT FACILITY.
AB30-ASA1,14,2525 EFFECTIVE DATE AND TERM OF THIS DELEGATION
AB30-ASA1,15,8
1This Power of Attorney takes effect on .... and will remain in effect until .... If
2no termination date is given or if the termination date given is more than one year
3after the effective date of this Power of Attorney, this Power of Attorney will remain
4in effect for a period of one year after the effective date, but no longer. This Power
5of Attorney may be revoked in writing at any time by a parent who has legal custody
6of the child(ren) and such a revocation invalidates the delegation of parental powers
7made by this Power of Attorney, except with respect to acts already taken in reliance
8on this Power of Attorney.
AB30-ASA1,15,99 SIGNATURE(S) OF PARENT(S)
AB30-ASA1,15,1010 Signature of parent .... Date ....
AB30-ASA1,15,1111 Parent's name printed ....
AB30-ASA1,15,1212 Parent's address ....
AB30-ASA1,15,1313 Parent's telephone number ....
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