The bill also requires an applicant for initial licensure or certification of a
residential care center, group home, CBRF, or adult family home (community living
arrangement) to establish a community advisory committee, consisting of
representatives of the proposed community living arrangement, the neighborhood
in which the proposed community living arrangement is to be located, and a local
governmental unit, for the purpose of providing a forum for communication for
persons interested in the proposed community living arrangement and, after
licensure or certification, making recommendations regarding the impact of the
community living arrangement on the neighborhood. The bill specifies that the
members of the community advisory committee who are representatives of the
proposed community living arrangement are appointed by the proposed community
living arrangement and that the members of the committee who are representatives
of the neighborhood and of the city, village, or town are appointed by the mayor or

city manager, village president, or town board chairperson or his or her designee.
In addition, the bill requires that a majority of the members of a community advisory
committee be representatives of the neighborhood and of the city, village, or town.
Moreover, the bill requires a community living arrangement, when it applies
for initial licensure or certification, for continuance of a license or certification, or for
approval of a change in the client group served, to notify the community advisory
committee of submission of the application and to request the community advisory
committee to inform DHFS or the licensing or certifying county department, within
30 days after the date of the notice, about any issues that the community advisory
committee may have concerning the general operations of the community living
arrangement. Under the bill, DHFS or a licensing or certifying county department
must consider any issues raised by the community advisory committee and provide
a written response to the community advisory committee addressing those issues
before issuing or continuing a license or approving a change in client group served
and may not issue or continue a license or certification or approve a change in client
group served until that 30-day period has expired or until receiving the response of
the community advisory committee, whichever is sooner.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB268, s. 1 1Section 1. 48.66 (2r) of the statutes is created to read:
SB268,3,92 48.66 (2r) An application for initial licensure of a child welfare agency to
3operate a residential care center for children and youth or of a group home shall
4identify the client group to be served. A residential care center for children and youth
5or group home may not change the client group served unless it notifies the
6department and the community advisory committee established under s. 48.68 (4)
7(a) of that change not less than 30 days before the change is implemented and the
8department, after considering any issues raised by the community advisory
9committee under s. 48.68 (4) (b), approves that change.
SB268, s. 2 10Section 2. 48.68 (4) of the statutes is renumbered 48.68 (4) (a) and amended
11to read:
SB268,4,21
148.68 (4) (a) Prior to applying for initial licensure of a residential care center
2for children and youth operated by a child welfare agency or of a group home, the
3applicant for licensure shall make a good faith effort to establish a community
4advisory committee consisting of representatives from the child welfare agency or
5proposed group home, appointed by the child welfare agency or group home operator,
6representatives of
the neighborhood in which the proposed residential care center for
7children and youth or group home will be located and a local unit of government
8appointed by the mayor or city manager, village president, or town board chairperson
9or his or her designee, and representatives of the city, village, or town appointed by
10the mayor or city manager, village president, or town board chairperson or his or her
11designee. A majority of the members of the community advisory committee shall be
12representatives of the neighborhood, and representatives of the city, village, or town,
13in which the proposed residential care center for children and youth or group home
14will be located
. The community advisory committee shall provide a forum for
15communication for those persons interested in the proposed residential care center
16for children and youth or group home. Any committee established under this
17subsection paragraph shall continue in existence after licensure to make
18recommendations to the licensee regarding the impact of the residential care center
19for children and youth or group home on the neighborhood. The department shall
20determine compliance with this subsection paragraph both prior to and after initial
21licensure.
SB268, s. 3 22Section 3. 48.68 (4) (b) of the statutes is created to read:
SB268,5,1423 48.68 (4) (b) At the same time that an application is submitted to the
24department for initial licensure of a child welfare agency to operate a residential care
25center for children and youth or of a group home, for continuance of a license to

1operate a residential care center for children and youth or group home, or for
2approval of a proposed change in client group served under s. 48.66 (2r), the applicant
3shall notify the community advisory committee of submission of the application and
4shall request the community advisory committee to inform the department, within
530 days after the date of the notice, about any issues that the community advisory
6committee may have concerning the general operations of the residential care center
7for children and youth or group home. Before issuing or continuing the license or
8approving the change in client group served, the department shall consider any
9issues raised by the community advisory committee and to provide a written
10response to the community advisory committee addressing those issues. No license
11to operate a residential care center for children and youth or group home may be
12issued or continued and no change in client group served may be approved until that
1330-day period has expired or until the department receives the response of the
14community advisory committee, whichever is sooner.
SB268, s. 4 15Section 4. 50.03 (3) (cm) of the statutes is created to read:
SB268,5,2216 50.03 (3) (cm) An application for initial licensure of a community-based
17residential facility shall identify the client group to be served. A community-based
18residential facility may not change the client group served unless it notifies the
19department and the community advisory committee established under sub. (4) (g) 1.
20of that change not less than 30 days before the change is implemented and the
21department, after considering any issues raised by the community advisory
22committee under sub. (4) (g) 2., approves that change.
SB268, s. 5 23Section 5. 50.03 (4) (g) of the statutes is renumbered 50.03 (4) (g) 1. and
24amended to read:
SB268,6,19
150.03 (4) (g) 1. Prior to applying for initial licensure of a community-based
2residential facility, the applicant for licensure shall make a good faith effort to
3establish a community advisory committee consisting of representatives from the
4proposed community-based residential facility, appointed by the operator of the
5community-based residential facility, representatives of
the neighborhood in which
6the proposed community-based residential facility will be located and a local unit of
7government
appointed by the mayor or city manager, village president, or town board
8chairperson or his or her designee, and representatives of the city, village, or town
9appointed by the mayor or city manager, village president, or town board chairperson
10or his or her designee. A majority of the members of the community advisory
11committee shall be representatives of the neighborhood, and representatives of the
12city, village, or town, in which the proposed community-based residential facility
13will be located
. The community advisory committee shall provide a forum for
14communication for those persons interested in the proposed community-based
15residential facility. Any committee established under this paragraph subdivision
16shall continue in existence after licensure to make recommendations to the licensee
17regarding the impact of the community-based residential facility on the
18neighborhood. The department shall determine compliance with this paragraph
19subdivision both prior to and after initial licensure.
SB268, s. 6 20Section 6. 50.03 (4) (g) 2. of the statutes is created to read:
SB268,7,1121 50.03 (4) (g) 2. At the same time that an application is submitted to the
22department for initial licensure of a community-based residential facility, for
23continuance of a license to operate a community-based residential facility, or for
24approval of a proposed change in client group served under sub. (3) (cm), the
25applicant shall notify the community advisory committee of submission of the

1application and shall request the community advisory committee to inform the
2department, within 30 days after the date of the notice, about any issues that the
3community advisory committee may have concerning the general operations of the
4community-based residential facility. Before issuing or continuing the license or
5approving the change in client group served, the department shall consider any
6issues raised by the community advisory committee and provide a written response
7to the community advisory committee addressing those issues. No license to operate
8a community-based residential facility may be issued or continued and no change
9in client group served may be approved until that 30-day period has expired or until
10the department receives the response of the community advisory committee,
11whichever is sooner.
SB268, s. 7 12Section 7. 50.032 (1m) (c) of the statutes is created to read:
SB268,7,1913 50.032 (1m) (c) An application for initial certification of an adult family home
14shall identify the client group to be served. An adult family home may not change
15the client group served unless it notifies the department or certifying county
16department and the community advisory committee established under par. (e) 1. of
17that change not less than 30 days before the change is implemented and the
18department or certifying county department, after considering any issues raised by
19the community advisory committee under par. (e) 2., approves that change.
SB268, s. 8 20Section 8. 50.032 (1m) (d) of the statutes is created to read:
SB268,8,821 50.032 (1m) (d) Within 10 working days after receipt of an application for
22initial certification of an adult family home, the department or certifying county
23department under par. (b) shall notify the city, town, or village planning commission,
24or other appropriate city, town, or village agency if there is no planning commission,
25of receipt of the application. The department or certifying county department shall

1request that the planning commission or agency send to the department or certifying
2county department, within 30 days, a description of any specific hazards that may
3affect the health and safety of the residents of the adult family home. No certification
4may be issued to an adult family home until the 30-day period has expired or until
5the department or certifying county department receives the response of the
6planning commission or agency, whichever is sooner. In issuing a certification, the
7department or certifying county department shall give full consideration to any
8hazards determined by the planning commission or agency.
SB268, s. 9 9Section 9. 50.032 (1m) (e) of the statutes is created to read:
SB268,9,210 50.032 (1m) (e) 1. Prior to applying for initial certification of an adult family
11home, the applicant for certification shall establish a community advisory committee
12consisting of representatives from the proposed adult family home appointed by the
13operator of the adult family home, representatives of the neighborhood in which the
14proposed adult family home will be located appointed by the mayor or city manager,
15village president, or town board chairperson or his or her designee, and
16representatives of the city, village, or town appointed by the mayor or city manager,
17village president, or town board chairperson or his or her designee. A majority of the
18members of the community advisory committee shall be representatives of the
19neighborhood, and representatives of the city, village, or town, in which the proposed
20adult family home will be located. The community advisory committee shall provide
21a forum for communication for those persons interested in the proposed adult family
22home. Any committee established under this subdivision shall continue in existence
23after certification to make recommendations to the operator of the adult family home
24regarding the impact of the adult family home on the neighborhood. The department

1or certifying county department under par. (b) shall determine compliance with this
2subdivision both prior to and after initial certification.
SB268,9,183 2. At the same time that an application is submitted to the department or a
4certifying county department for initial certification of an adult family home, for
5continuance of a certification to operate an adult family home, or for approval of a
6proposed change in client group served under par. (c), the applicant shall notify the
7community advisory committee of submission of the application and shall request
8the community advisory committee to inform the department or certifying county
9department, within 30 days after the date of the notice, about any issues that the
10community advisory committee may have concerning the general operations of the
11adult family home. Before issuing or continuing the certification or approving the
12change in client group served, the department or certifying county department shall
13consider any issues raised by the community advisory committee and provide a
14written response to the community advisory committee addressing those issues. No
15certification to operate an adult family home may be issued or continued and no
16change in client group served may be approved until that 30-day period has expired
17or until the department or certifying county department receives the response of the
18community advisory committee, whichever is sooner.
SB268, s. 10 19Section 10. 50.033 (1m) (c) of the statutes is created to read:
SB268,9,2420 50.033 (1m) (c) An application for initial licensure of an adult family home shall
21identify the client group to be served. An adult family home may not change the
22client group served unless it notifies the department or licensing county department
23and the community advisory committee established under par. (e) 1. of that change
24not less than 30 days before the change is implemented and the department or

1licensing county department, after considering any issues raised by the community
2advisory committee under par. (e) 2., approves that change.
SB268, s. 11 3Section 11. 50.033 (1m) (d) of the statutes is created to read:
SB268,10,164 50.033 (1m) (d) Within 10 working days after receipt of an application for
5initial licensure of an adult family home, the department or licensing county
6department under par. (b) shall notify the city, town, or village planning commission,
7or other appropriate city, town, or village agency if there is no planning commission,
8of receipt of the application. The department or licensing county department shall
9request that the planning commission or agency send to the department or licensing
10county department, within 30 days, a description of any specific hazards that may
11affect the health and safety of the residents of the adult family home. No license may
12be issued to an adult family home until the 30-day period has expired or until the
13department or licensing county department receives the response of the planning
14commission or agency, whichever is sooner. In issuing a license, the department or
15licensing county department shall give full consideration to any hazards determined
16by the planning commission or agency.
SB268, s. 12 17Section 12. 50.033 (1m) (e) of the statutes is created to read:
SB268,11,918 50.033 (1m) (e) 1. Prior to initial licensure of an adult family home, the
19applicant for licensure shall establish a community advisory committee consisting
20of representatives from the proposed adult family home appointed by the operator
21of the adult family home, representatives of the neighborhood in which the proposed
22adult family home will be located appointed by the mayor or city manager, village
23president, or town board chairperson or his or her designee, and representatives of
24the city, village, or town appointed by the mayor or city manager, village president,
25or town board chairperson or his or her designee. A majority of the members of the

1community advisory committee shall be representatives of the neighborhood, and
2representatives of the city, village, or town, in which the proposed adult family home
3will be located. The community advisory committee shall provide a forum for
4communication for those persons interested in the proposed adult family home. Any
5committee established under this subdivision shall continue in existence after
6licensure to make recommendations to the licensee regarding the impact of the adult
7family home on the neighborhood. The department or licensing county department
8under par. (b) shall determine compliance with this subdivision both prior to and
9after initial licensure.
SB268,11,2510 2. At the same time that an application is submitted to the department or a
11licensing county department for initial licensure of an adult family home, for
12continuance of a license to operate an adult family home, or for approval of a proposed
13change in client group served under par. (c), the applicant shall notify the community
14advisory committee of submission of the application and shall request the
15community advisory committee to inform the department or licensing county
16department, within 30 days after the date of the notice, about any issues that the
17community advisory committee may have concerning the general operations of the
18adult family home. Before issuing or continuing the license or approving the change
19in client group served, the department or licensing county department shall consider
20any issues raised by the community advisory committee and provide a written
21response to the community advisory committee addressing those issues. No license
22to operate an adult family home may be issued or continued and no change in client
23group served may be approved until that 30-day period has expired or until the
24department or licensing county department receives the response of the community
25advisory committee, whichever is sooner.
SB268, s. 13
1Section 13. Initial applicability.
SB268,12,82 (1) Community oversight of community living arrangements. This act first
3applies to applications for initial or continued licensure or certification of, and to
4applications for approval of a change in the client group served by, a residential care
5center for children and youth, group home, community-based residential facility, or
6adult family home received by a county department under section 46.215, 46.22,
746.23, 51.42, or 51.437 of the statutes or by the department of health and family
8services on the effective date of this subsection.
SB268,12,99 (End)
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