Amendment ASA2-AB591

AB591-ASA2,22,25 46.987 (1) (a) "Child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591-ASA2, s. 64 Section 64. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,23,9 46.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may award grants to child care providers that meet the quality of care standards established under s. 46.98 (4) (e) or 49.155 (6) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB591-ASA2, s. 65 Section 65. 46.995 (2) (c) of the statutes is amended to read:

AB591-ASA2,23,13 46.995 (2) (c) Highest rate, by county population, of participation in the aid to families with dependent children program under s. 49.19 or the Wisconsin works program under s. 49.147 (3) to (5).

AB591-ASA2, s. 66 Section 66. 48.40 (1m) of the statutes is created to read:

AB591-ASA2,23,16 48.40 (1m) "Kinship care relative" means a person receiving payments under s. 48.57 (3m) (a) for providing care and maintenance for a child.

AB591-ASA2, s. 67 Section 67. 48.427 (3) (a) 5. of the statutes is amended to read:

AB591-ASA2,23,19 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative.

AB591-ASA2, s. 68 Section 68. 48.428 (2) of the statutes is amended to read:

AB591-ASA2,24,3 48.428 (2) When a court places a child in sustaining care after an order under s. 48.427, the court shall transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster parent or, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent or, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

AB591-ASA2, s. 69 Section 69. 48.428 (4) of the statutes is amended to read:

AB591-ASA2,24,14 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent or kinship care relative may be appointed as a sustaining parent, the foster parent or, treatment foster parent or kinship care relative shall execute a contract with the agency responsible for providing services to the child, in which the foster parent or, treatment foster parent or kinship care relative agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.

AB591-ASA2, s. 70 Section 70. 48.57 (3m) of the statutes is created to read:

AB591-ASA2,24,21 48.57 (3m) (a) Within the limits of the funding received from the appropriation under s. 20.445 (3) (dz), a county department shall make payments, as determined by the department under par. (e), to a nonlegally responsible relative, by consanguinity or by direct affinity, of a dependent child, as defined in s. 49.19 (1) (a), who is providing care and maintenance for the child if all of the following conditions are met:

AB591-ASA2,24,25 1. The relative applies to the county department for payments under this subsection and the county department determines that there is a need for the child to be placed with the relative and that the placement with the relative benefits the child.

AB591-ASA2,25,4 2. The county department determines that the child meets one or more of the criteria specified in s. 48.13 (1) to (13) or 938.13 (4) to (14) or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB591-ASA2,25,6 3. The county department determines, through an assessment, that the child will be safe in the relative's home.

AB591-ASA2,25,10 4. The county department conducts a background investigation under sub. (3p) of the relative and any other adult resident of the relative's home to determine if the relative or adult resident has any arrests or convictions that could adversely affect the child or the relative's ability to care for the child.

AB591-ASA2,25,13 5. The relative cooperates with the county department in the application process, including applying for other forms of assistance for which the relative may be eligible.

AB591-ASA2,25,16 (b) 1. The county department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom a payment is made under par. (a).

AB591-ASA2,26,2 2. When any relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB591-ASA2,26,5 (c) The county department shall require the parent or parents of a child for whom a payment is made under par. (a) to initiate or continue health care insurance coverage for the child.

AB591-ASA2,26,7 (cm) A relative who receives a payment under par. (a) is not eligible to receive a payment under s. 48.62 (4).

AB591-ASA2,26,12 (d) A county department shall review a placement of a child for which the county department makes payments under par. (a) not less than every 12 months after the county department begins making those payments to determine whether the conditions specified in par. (a) continue to exist. If those conditions do not continue to exist, the county department shall discontinue making those payments.

AB591-ASA2,26,13 (e) The department shall determine all of the following:

AB591-ASA2,26,16 1. The amount and effective date of any payment under par. (a). In determining the amount of a payment under par. (a), the department shall consider any income of the child, other than earned income as defined in 26 USC 32 (c) (2).

AB591-ASA2,26,18 2. Whether the child is eligible for medical assistance under ss. 49.43 to 49.47, if no other health care insurance coverage is available to the child.

AB591-ASA2, s. 71 Section 71. 48.57 (3p) of the statutes is created to read:

AB591-ASA2,26,24 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m).

AB591-ASA2,27,3 (b) 1. After receipt of an application for payments under sub. (3m), the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB591-ASA2,27,7 2. The county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department considers to be appropriate.

AB591-ASA2,27,11 (c) 1. After receipt of an application for payments under sub. (3m), the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

AB591-ASA2,27,16 2. The county department, with the assistance of the department of justice, may conduct a background investigation of any employe, prospective employe or adult resident of the home of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department considers to be appropriate.

AB591-ASA2,27,21 3. Before a person that is receiving payments under sub. (3m) may employ any person or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

AB591-ASA2,28,6 (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB591-ASA2,28,8 (e) Upon request, a person being investigated under par. (b) or (c) shall provide the county department with all of the following information:

AB591-ASA2,28,9 1. The person's name.

AB591-ASA2,28,10 2. The person's social security number.

AB591-ASA2,28,12 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

AB591-ASA2,28,16 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule.

AB591-ASA2,28,24 (f) 1. The county department may not make payments under sub. (3m) unless the county department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The department may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA2,29,10 2. A person receiving payments under sub. (3m) may not employ a person or permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA2,29,14 (g) Subject to par. (h), the county department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person or permit a person to be an adult resident if any of the following applies:

AB591-ASA2,29,18 1. The applicant or other person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

AB591-ASA2,29,23 2. The applicant or other person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

AB591-ASA2,30,9 3. The applicant or other person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the county department may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB591-ASA2,30,16 (h) Notwithstanding par. (g), a person whose application to a county department for payments under sub. (3m) has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department for a review of that denial. If the department determines that making those payments would be in the best interests of a child, the department shall order that those payments be made. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.

AB591-ASA2,30,22 (i) The county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the county department may disclose any information obtained under this subsection to any other county department conducting an investigation under this subsection. Such information is not subject to inspection or copying under s. 19.35.

AB591-ASA2,30,25 (j) The county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB591-ASA2, s. 72 Section 72. 48.651 of the statutes is renumbered 48.651 (1) (intro.) and amended to read:

AB591-ASA2,31,12 48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department under s. 46.03 (21), each day care provider from whom it purchases services under s. 46.036 on or after January 1, 1985, and each day care provider that provides day care services to parents pursuant to a voucher provided under s. 46.98 (3) (c) on or after January 1, 1985 reimbursed for child care services provided to families determined eligible under s. 46.98 (2r) and (4), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

AB591-ASA2, s. 73 Section 73. 48.651 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB591-ASA2,31,21 48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department under s. 46.03 (21), each day care provider reimbursed for child care services provided to families determined eligible under ss. 46.98 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

AB591-ASA2, s. 74 Section 74. 48.651 (1) (a) and (b) of the statutes are created to read:

AB591-ASA2,31,25 48.651 (1) (a) Level I day care providers, as established by the department under s. 46.03 (21). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care.

AB591-ASA2,32,3 (b) Level II day care providers, as established by the department under s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers.

AB591-ASA2, s. 75 Section 75. 48.651 (2) of the statutes is created to read:

AB591-ASA2,32,9 48.651 (2) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who is a day care provider certified under this section with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who is a day care provider certified under this section.

AB591-ASA2,32,13 (b) 1. Before initially certifying a Level I day care provider under sub. (1) (a) or a Level II day care provider under sub. (1) (b), the county department, with the assistance of the department of justice, shall conduct a background investigation of the certification applicant.

AB591-ASA2,32,20 2. The county department, with the assistance of the department of justice, shall conduct a background investigation of any person who, on the effective date of this subdivision .... [revisor inserts date], is a day care provider certified under this section or who, on the effective date of this subdivision .... [revisor inserts date], has an application for certification pending, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on the person's application for renewal, whichever is earlier.

AB591-ASA2,32,24 3. Subject to subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section, or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.

AB591-ASA2,33,5 (c) 1. Before initially certifying a Level I day care provider under sub. (1) (a) or a Level II day care provider under sub. (1) (b), the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of each employe and prospective employe of the certification applicant and of each adult resident.

AB591-ASA2,33,12 2. The county department, with the assistance of the department of justice, shall conduct a background investigation of each employe, prospective employe and adult resident of a person who, on the effective date of this subdivision .... [revisor inserts date], is certified under this section or who, on the effective date of this subdivision .... [revisor inserts date], has an application for certification pending, within 6 months after that date or on the person's application for renewal, whichever is earlier.

AB591-ASA2,33,17 3. Subject to subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe, prospective employe or adult resident of the day care provider.

AB591-ASA2,33,22 4. Before a day care provider that is certified under this section may employ any person or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 3.

AB591-ASA2,34,7 (d) If the person being investigated under par. (b) or (c) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the county department determines that the person's employment, certification or state court records provide a reasonable basis for further investigation, the county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB591-ASA2,34,9 (e) Upon request, a person being investigated under par. (b) or (c) shall provide the county department with all of the following information:

AB591-ASA2,34,10 1. The person's name.

AB591-ASA2,34,11 2. The person's social security number.

AB591-ASA2,34,13 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

AB591-ASA2,34,17 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under s. 48.67.

AB591-ASA2,34,25 (f) 1. A county department may not certify a person as a day care provider under this section until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. A county department may certify a person as a day care provider under this section conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA2,35,10 2. A day care provider that is certified under this section may not employ a person or permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the day care provider. A day care provider that is certified under this section may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA2,35,14 (g) Subject to par. (h), a county department may not certify a person to be a day care provider under this section and a day care provider certified under this section may not employ a person or permit a person to be an adult resident if any of the following applies:

AB591-ASA2,35,17 1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

AB591-ASA2,35,22 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

AB591-ASA2,36,8 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the county department may certify a person to be a day care provider under this section and a day care provider certified under this section may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB591-ASA2,36,15 (h) Notwithstanding par. (g), a person whose application for initial certification or renewal of a certification under this section has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department for a review of that denial. If the department determines that issuing or renewing the certification would be in the best interests of a child, the department shall order that the certification be issued or renewed. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.

AB591-ASA2,36,20 (i) A county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the county department may disclose any information obtained under this subsection to any other county department conducting an investigation under this subsection. Such information is not subject to inspection or copying under s. 19.35.

AB591-ASA2,36,23 (j) A county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB591-ASA2, s. 76 Section 76. 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443, is amended to read:

AB591-ASA2,37,20 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. No person making a report under this subsection may be discharged from employment for so doing.

AB591-ASA2, s. 77 Section 77. 49.001 (9) of the statutes is created to read:

AB591-ASA2,37,25 49.001 (9) "Wisconsin works agency" means a person under contract under s. 49.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works agency" means the department of industry, labor and job development.

AB591-ASA2, s. 78 Section 78. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,38,9 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or has participated in a Wisconsin works employment position under s. 49.147 (3) to (5) or in which aid to families with dependent children or, supplemental security income benefits are or a Wisconsin works employment position is immediately available to the individual.

AB591-ASA2, s. 79 Section 79. 49.124 (1m) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.124 (1m) (a) and amended to read:

AB591-ASA2,39,2 49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section. Except as provided in par. (b), and to the extent permitted by federal law or waiver, the department may require able-bodied individuals who are 18 to 64 years of age who are eligible for a Wisconsin works employment position under s. 49.147 (3) to (5) to participate in a Wisconsin works employment position, in lieu of the program under this section, as a condition of receiving food stamp benefits. Except as provided in par. (b), the department may require able-bodied individuals who are 18 to 64 years of age who are not eligible for a Wisconsin works employment position to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed the amount of food stamp benefits divided by the applicable federal minimum wage, or 40 hours per week, whichever is less.