48.685(2)(am)
(am) Subject to
subd. 5. and
par. (bd), the department, a county department, a child welfare agency or a school board shall obtain all of the following with respect to a person specified under
par. (a) (intro.) and a person specified under
par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity and shall obtain the information specified in
subds. 1. to
5. with respect to a person specified in
par. (ag) (intro.) who is under 18 years of age, but not under 12 years of age, and who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a day care provider that is certified under
s. 48.651:
48.685 Note
NOTE: Par. (am) (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(2)(am)1.
1. A criminal history search from the records maintained by the department of justice.
48.685(2)(am)3.
3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
48.685(2)(am)4.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
48.685(2)(am)5.
5. Information maintained by the department under this section and under
ss. 48.651 (2m),
48.75 (1m) and
120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in
par. (a) 1. to
5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in
par. (ag) 1. to
5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subdivision, the department, a county department, a child welfare agency or a school board need not obtain the information specified in
subds. 1. to
4.
48.685(2)(b)1.1. Subject to
subds. 1. e. and
2., and
4. [and]
par. (bd), every entity shall obtain all of the following with respect to a person specified under
par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:
48.685 Note
NOTE: Subd. 1. (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed "and" must be added as the result of the treatment by
1997 Wis. Act 281. Corrective legislation is pending.
48.685(2)(b)1.a.
a. A criminal history search from the records maintained by the department of justice.
48.685(2)(b)1.c.
c. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
48.685(2)(b)1.d.
d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
48.685(2)(b)1.e.
e. Information maintained by the department under this section and under
ss. 48.651 (2m),
48.75 (1m) and
120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in
par. (a) 1. to
5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in
par. (ag) 1. to
5. If the information obtained under this
subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this
subd. 1. e., the entity need not obtain the information specified in
subd. 1. a. to
d.
48.685(2)(b)2.
2. Subdivision 1. does not apply with respect to a person with whom the entity contracts or whom the entity employs to perform infrequent or sporadic services, including maintenance services and other services that are not directly related to the care of a client.
48.685(2)(b)4.
4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a day care provider that is certified under
s. 48.651 and with respect to whom the department, a county department or a school board is required under
par. (am) (intro.) to obtain the information specified in
par. (am) 1. to
5.
48.685(2)(bd)
(bd) Notwithstanding
pars. (am) and
(b) 1., the department, a county department, a child welfare agency or a school board is not required to obtain the information specified in
par. (am) 1. to
5., and an entity is not required to obtain the information specified in
par. (b) 1. a. to
e., with respect to a person under 18 years of age whose background information form under
sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in
par. (ag) 1. to
5. and with respect to whom the department, county department, child welfare agency, school board or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency or a school board from obtaining, at its discretion, the information specified in
par. (am) 1. to
5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
48.685(2)(bg)
(bg) If an entity takes an action specified in
par. (ag) (intro.) with respect to an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under
par. (b) 1. a. to
c. and
e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under
par. (b) 1. a. to
c. and
e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under
par. (b) 1. a. to
c. and
e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in
par. (b) 1. a. to
c. and
e.
48.685(2)(bm)
(bm) If the person who is the subject of the search under
par. (am) or
(b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, school board or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in
par. (am) 1. or
(b) 1. a.
48.685(2)(c)
(c) If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in
par. (ag) 1. to
5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under
par. (am) 1. to
5. or
(b) 1. If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in
par. (ag) 1. to
5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under
par. (am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.
48.685 Note
NOTE: Par. (c) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(3)(a)(a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in
sub. (2) (am) 1. to
5. for all persons who are licensed, certified or contracted to operate an entity and for all persons specified in
par. (ag) (intro.) [
sub. (2) (ag) (intro.)] who are nonclient residents of an entity and shall request the information specified in
sub. (2) (am) 1. to
5. for all persons under 18 years of age, but not under 12 years of age, who are employes, contractors or nonclient residents of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (4) or of a day care provider that is certified under
s. 48.651.
48.685 Note
NOTE: Par. (a) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language reflects the correct cross-reference. Corrective legislation is pending.
48.685(3)(b)
(b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in
sub. (2) (b) 1. a. to
e. for all persons specified in
sub. (2) (ag) (intro.) who are employes or contractors of the entity other than persons who are under 18 years of age, but not under 12 years of age and who are employes, contractors or nonclient residents of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a day care provider that is certified under
s. 48.651..
48.685 Note
NOTE: Par. (b) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(3m)
(3m) Notwithstanding
subs. (2) (b) 1. and
(3) (b), if the department, a county department, a child welfare agency or a school board has obtained the information required under
sub. (2) (am) or
(3) (a) with respect to a person specified in
sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in
sub. (2) (b) 1. or
(3) (b) with respect to that person.
48.685(4)
(4) An entity that violates
sub. (2) or
(3) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
48.685(5)(a)(a) The department may license to operate an entity, a county department may certify under
s. 48.651, a county department or a child welfare agency may license under
s. 48.62 and a school board may contract with under
s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in
sub. (2) (a) 1. to
5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in
sub. (2) (ag) 1. to
5., if the person demonstrates to the department, the county department, the child welfare agency or the school board by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated.
48.685(5)(b)
(b) For purposes other than licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses, and no person who is an applicant for issuance or continuation of a license to operate a day care center or for initial certification under
s. 48.651 or for renewal of that certification, who is proposing to contract with a school board under
s. 120.13 (14) or to renew a contract under that subsection or who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a day care provider that is certified under
s. 48.651, and who has been convicted of any of the following offenses or adjudicated delinquent on or after his or her 12th birthday for committing any of the following offenses, may be permitted to demonstrate that he or she has been rehabilitated:
48.685(5)(b)4.
4. Second degree sexual assault of a child under
s. 948.02 (2) if the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.
48.685(5)(b)5.
5. Repeated acts of sexual assault of the same child under
s. 948.025 if the child had not attained the age of 13, or if the child had attained the age of 13 and had not attained the age of 16 and the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.
48.685 Note
NOTE: Par. (b) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(5)(bm)
(bm) For purposes of licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
48.685(5)(bm)3.
3. A violation of
s. 940.01,
940.02,
940.03,
940.05,
940.06,
940.21,
940.225 (1),
(2) or
(3),
940.23,
940.305,
940.31,
941.20 (2) or
(3),
941.21,
943.10 (2),
943.23 (1g),
(1m) or
(1r) or
943.32 (2).
48.685(5c)(a)(a) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the department or a child welfare agency that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under
ch. 227.
48.685(5c)(b)
(b) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under
ch. 68.
48.685(5c)(c)
(c) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under
ch. 227.
48.685(5g)
(5g) Beginning on January 1 1999, and annually thereafter, the department shall submit a report to the legislature under
s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate that they have been rehabilitated under
sub. (5) (a), the number of persons who successfully demonstrated that they have been rehabilitated under
sub. (5) (a) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.
48.685(5m)
(5m) Notwithstanding
s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under
s. 48.62, and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in
sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under
sub. (7) (a), or specified in the list established by rule under
sub. (7) (b), but that is, in the estimation of the department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding
s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under
s. 48.651, a school board may refuse to contract with a person under
s. 120.13 (14), a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) and a day care provider that is certified under
s. 48.651 may refuse to employ, contract with or permit to reside at the day care center or day care provider a person specified in
sub. (2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that the department has not defined as a "serious crime" by rule promulgated under
sub. (7) (a), or specified in the list established by rule under
sub. (7) (b), but that is, in the estimation of the department, county department, school board, day care center or day care provider substantially related to the care of a client.
48.685 Note
NOTE: Sub. (5m) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(6)(a)(a) The department shall require any person who applies for issuance, continuation or renewal of a license to operate an entity, a county department shall require any day care provider who applies for initial certification under
s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under
s. 48.62 and a school board shall require any person who proposes to contract with the school board under
s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
48.685(6)(am)
(am) Every 4 years an entity shall require all of the following persons to complete a background information form that is provided to the entity by the department:
48.685(6)(am)1.
1. A person who is an employe, prospective employe, contractor or prospective contractor of the entity, who will be under the entity's control and who has, or is expected to have, access to its clients, other than a person specified in
sub. (2) (b) 2.
48.685(6)(am)2.
2. A person who is a resident or prospective resident at the entity and who is not a client or prospective client of the entity, if the person has, or is expected to have, access to any client of the entity.
48.685(6)(b)
(b) For persons specified under
par. (a) who are licensed by the department, for persons specified in
par. (am) 1. who are under 18 years of age, but not under 12 years of age, and who are employes, prospective employes, contractors or prospective contractors of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (4) or of a day care provider that is certified under
s. 48.651, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department. For persons specified under
par. (a) who are licensed or certified by a county department, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed or certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department. For persons specified under
par. (a) who are licensed by a child welfare agency, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency. For persons specified under
par. (a) who are contracted with by a school board, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For all other persons specified under
par. (am) 1., the entity shall maintain the background information form on file for inspection by the department, county department, child welfare agency or school board, whichever is applicable.
48.685 Note
NOTE: Par. (b) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(6)(c)
(c) A person who provides false information on a background information form required under this subsection may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
48.685(7)
(7) The department shall do all of the following:
48.685(7)(a)
(a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client. The definition shall also include those offenses specified in
sub. (5) (b) 1. to
5. and
(bm) 1. to
4. and classes of crimes or acts involving misappropriation of the property of a client or abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under
sub. (5) (a) that he or she has been rehabilitated.
48.685(7)(b)
(b) Establish by rule a list of crimes or acts that are not included in the definition established under
par. (a), that are substantially related to the care of clients and the commission of which warrants a less stringent measure than a bar on employment, residence or similar type of association with an entity. The rule shall be consistent with federal law and regulations and shall include a description of the measures to be taken for the crimes or acts that the department lists under this paragraph.
48.685(7)(c)
(c) Conduct throughout the state periodic training sessions that cover criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.
48.685(7)(d)
(d) Provide a background information form that requires the person completing the form to include his or her date of birth on the form.
48.685(8)
(8) The department, a county department, a child welfare agency or a school board may charge a fee for obtaining the information required under
sub. (2) (am) or
(3) (a). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in
s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.
48.685 History
History: 1997 a. 27,
237,
281; s. 13.93 (2) (c).
48.69
48.69
Probationary licenses. Except as provided under
s. 48.715 (6) and
(7), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under
s. 48.66 (1) applies for a license, meets the minimum requirements for a license established under
s. 48.67 and pays the applicable fee referred to in
s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under
s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under
s. 48.715 (6) and
(7), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under
s. 48.67, the department shall issue a license under
s. 48.66 (1). A probationary license issued under this section may be renewed for one 6-month period.
48.70
48.70
Provisions of licenses. 48.70(1)
(1)
General. Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their age and sex and such additional information and special conditions as the department may prescribe.
48.70(2)
(2) Special provisions for child welfare agency licenses. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes or treatment foster homes, and if so, the area the agency is equipped to serve.
48.70(4)
(4) Special provisions for county departments. Licenses to county departments shall specify whether the county department may accept guardianship of children and place children for adoption.
48.715
48.715
Sanctions and penalties. 48.715(1)
(1) In this section, "licensee" means a person who holds a license under
s. 48.66 (1) or a probationary license under
s. 48.69 to operate a child welfare agency, shelter care facility, group home or day care center.
48.715(2)
(2) If the department provides written notice of the grounds for a sanction, an explanation of the types of sanctions that may be imposed under this subsection and an explanation of the process for appealing a sanction imposed under this subsection, the department may order any of the following sanctions:
48.715(2)(a)
(a) That a person stop operating a child welfare agency, shelter care facility, group home or day care center if the child welfare agency, shelter care facility, group home or day care center is without a license in violation of
s. 48.66 (1) or a probationary license in violation of
s. 48.69.
48.715(2)(b)
(b) That a person who employs a person who has had a license under
s. 48.66 (1) or a probationary license under
s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.
48.715(2)(c)
(c) That a licensee stop violating any provision of licensure under
s. 48.70 (1) or rules promulgated by the department under
s. 48.67.
48.715(2)(d)
(d) That a licensee submit a plan of correction for violation of any provision of licensure under
s. 48.70 (1) or rule promulgated by the department under
s. 48.67.
48.715(2)(e)
(e) That a licensee implement and comply with a plan of correction provided by the department or previously submitted by the licensee and approved by the department.
48.715(2)(f)
(f) That a licensee close the intake of any new children until all violations of the provisions of licensure under
s. 48.70 (1) and the rules promulgated by the department under
s. 48.67 are corrected.
48.715(2)(g)
(g) That a licensee provide training for the licensee's staff members as specified by the department.
48.715(3)
(3) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under
s. 48.70 (1) or rule promulgated by the department under
s. 48.67 or who fails to comply with an order issued under
sub. (2) by the time specified in the order:
48.715(3)(a)
(a) A daily forfeiture amount per violation of not less than $10 nor more than $1,000. All of the following apply to a forfeiture under this paragraph:
48.715(3)(a)1.
1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under
sub. (2).
48.715(3)(a)2.
2. The department may directly assess a forfeiture imposed under this paragraph by specifying the amount of that forfeiture in the notice provided under this subsection.
48.715(3)(a)3.
3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under
s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under
ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer for deposit in the school fund.
48.715(3)(a)4.
4. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph that has not been paid as provided in
subd. 3. The only contestable issue in an action under this subdivision is whether or not the forfeiture has been paid.
48.715(3)(b)
(b) Suspension of the licensee's license for not more than 2 weeks.
