Amendment SSA1-SB24

SB24-SSA1,3,16 2. The person's social security number.

SB24-SSA1,3,18 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,3,22 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.

SB24-SSA1,4,7 (e) An applicant or licensee may not employ a person or permit a person to be an adult resident until the applicant or licensee 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 subds. 1. to 3. An applicant or licensee 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 subds. 1. to 3. An applicant or licensee may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,4,10 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.

SB24-SSA1,4,15 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.

SB24-SSA1,4,24 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 an applicant or licensee 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.

SB24-SSA1,5,3 (f) An applicant or licensee shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB24-SSA1, s. 3 Section 3. 48.60 (1) of the statutes is amended to read:

SB24-SSA1,5,13 48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB24-SSA1, s. 4 Section 4. 48.60 (1m) of the statutes is created to read:

SB24-SSA1,5,18 48.60 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a facility operated by a child welfare agency with the intent of making that facility his or her home or who lives for more than 30 days cumulative in any 6-month period at a facility operated by a child welfare agency.

SB24-SSA1,5,22 (b) 1. Before applying for initial licensure to operate a child welfare agency, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,6,4 2. Any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed to operate a child welfare agency or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending shall, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on applying for license renewal, whichever is earlier, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,6,9 3. Subject to subd. 2., a person licensed to operate a child welfare agency may, at the time of renewal of that license or at any other time that the person considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,6,14 4. Before employing any person or permitting any person to be an adult resident, a person licensed to operate a child welfare agency shall conduct, with the assistance of the department of justice, a background investigation of the prospective employe or prospective adult resident, unless that prospective employe or prospective adult resident has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,6,24 (c) If the person being investigated under par. (b) 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 applicant or licensee determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant or licensee 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 his or her arrest and conviction record.

SB24-SSA1,7,2 (d) Upon request, a person being investigated under par. (b) shall provide the applicant or licensee with all of the following information:

SB24-SSA1,7,3 1. The person's name.

SB24-SSA1,7,4 2. The person's social security number.

SB24-SSA1,7,6 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,7,10 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.

SB24-SSA1,7,20 (e) An applicant or licensee may not employ a person or permit a person to be an adult resident until the applicant or licensee 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 subds. 1. to 3. An applicant or licensee 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 subds. 1. to 3. An applicant or licensee may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,7,23 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.

SB24-SSA1,8,3 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.

SB24-SSA1,8,12 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 an applicant or licensee 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.

SB24-SSA1,8,15 (f) An applicant or licensee shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB24-SSA1, s. 5 Section 5. 48.625 (1) of the statutes is amended to read:

SB24-SSA1,8,24 48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB24-SSA1, s. 6 Section 6. 48.625 (1m) of the statutes is created to read:

SB24-SSA1,9,4 48.625 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a group home with the intent of making the group home his or her home or who lives at a group home for more than 30 days cumulative in any 6-month period.

SB24-SSA1,9,8 (b) 1. Before applying for initial licensure to operate a group home, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,9,15 2. Any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed to operate a group home or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending shall, within 6 months after the effective date of this subdivision .... [revisor inserts date], or before applying for license renewal, whichever is earlier, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,9,20 3. Subject to subd. 2., a person licensed to operate a group home may, at the time of renewal of that license or at any other time that the person considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,9,25 4. Before employing any person or permitting any person to be an adult resident, a person licensed to operate a group home shall conduct, with the assistance of the department of justice, a background investigation of the prospective employe or prospective adult resident, unless that prospective employe or prospective adult resident has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,10,10 (c) If the person being investigated under par. (b) 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 applicant or licensee determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant or licensee 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 his or her arrest and conviction record.

SB24-SSA1,10,12 (d) Upon request, a person being investigated under par. (b) shall provide the applicant with all of the following information:

SB24-SSA1,10,13 1. The person's name.

SB24-SSA1,10,14 2. The person's social security number.

SB24-SSA1,10,16 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,10,20 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.

SB24-SSA1,11,5 (e) An applicant or licensee may not employ a person or permit a person to be an adult resident until the applicant or licensee 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 subds. 1. to 3. An applicant or licensee 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 subds. 1. to 3. An applicant or licensee may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,11,8 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.

SB24-SSA1,11,13 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.

SB24-SSA1,11,22 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 an applicant or licensee 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.

SB24-SSA1,11,25 (f) An applicant or licensee shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB24-SSA1, s. 7 Section 7. 48.65 (1) of the statutes is amended to read:

SB24-SSA1,12,9 48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m), if applicable, and pay the license fee under sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB24-SSA1, s. 8 Section 8. 48.65 (1m) of the statutes is created to read:

SB24-SSA1,12,16 48.65 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a day care center that provides care and supervision for 9 or more children with the intent of making the day care center that provides care and supervision for 9 or more children his or her home or who lives for more than 30 days cumulative in any 6-month period at a day care center that provides care and supervision for 9 or more children.

SB24-SSA1,12,20 (b) 1. Before applying for initial licensure to operate a day care center that provides care and supervision for 9 or more children, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,13,3 2. Any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed to operate a day care center that provides care and supervision for 9 or more children or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending shall, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on applying for license renewal, whichever is earlier, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,13,8 3. Subject to subd. 2., a person licensed to operate a day care center that provides care and supervision for 9 or more children may, at the time of renewal of that license or at any other time that the person considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of each employe and prospective employe of the licensee and of each adult resident.

SB24-SSA1,13,14 4. Before employing any person or permitting any person to be an adult resident, a person licensed to operate a day care center that provides care and supervision for 9 or more children shall conduct, with the assistance of the department of justice, a background investigation of the prospective employe or prospective adult resident, unless that prospective employe or prospective adult resident has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,13,24 (c) If the person being investigated under par. (b) 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 applicant or licensee determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant or licensee 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 his or her arrest and conviction record.

SB24-SSA1,14,2 (d) Upon request, a person being investigated under par. (b) shall provide the applicant with all of the following information:

SB24-SSA1,14,3 1. The person's name.

SB24-SSA1,14,4 2. The person's social security number.

SB24-SSA1,14,6 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,14,10 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.

SB24-SSA1,14,20 (e) An applicant or licensee may not employ a person or permit a person to be an adult resident until the applicant or licensee 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 subds. 1. to 3. An applicant or licensee 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 subds. 1. to 3. An applicant or licensee may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,14,23 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.

SB24-SSA1,15,3 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.

SB24-SSA1,15,12 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 an applicant or licensee 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.

SB24-SSA1,15,15 (f) An applicant or licensee shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB24-SSA1, s. 9 Section 9. 48.68 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB24-SSA1,16,8 48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67. The investigation shall include a background investigation under sub. (1m) (b) and, if applicable, a background investigation under sub. (1m) (c). In determining whether to issue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.22 (7) (b), 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

SB24-SSA1, s. 10 Section 10. 48.68 (1m) of the statutes is created to read:

SB24-SSA1,16,16 48.68 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a foster home or treatment foster home that is licensed by the department, a group home or a day care center that provides care and supervision for 4 to 8 children with the intent of making that premises his or her home or who lives for more than 30 days cumulative in any 6-month period at a foster home or treatment foster home that is licensed by the department, a group home or a day care center that provides care and supervision for 4 to 8 children.

SB24-SSA1,16,20 (b) 1. After receipt of an application for a license to operate a shelter care facility, child welfare agency, foster home, treatment foster home, group home or day care center, the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

SB24-SSA1,17,3 2. The 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 licensed by the department to operate a shelter care facility, child welfare agency, foster home, treatment foster home, group home or day care center or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending with the department within 6 months after the effective date of this subdivision .... [revisor inserts date], or on renewing the license of that person, whichever is earlier.

SB24-SSA1,17,8 3. Subject to subd. 2., the department, with the assistance of the department of justice, may conduct a background investigation of any person who is licensed by the department to operate a shelter care facility, child welfare agency, foster home, treatment foster home, group home or day care center at the time of license renewal or at any other time that the department considers to be appropriate.

SB24-SSA1,17,13 (c) 1. After receipt of an application for a license to operate a foster home, treatment foster home or day care center that provides care and supervision for 4 to 8 children, the 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.

SB24-SSA1,17,21 2. The department, with the assistance of the department of justice, shall conduct a background investigation of each employe, prospective employe and adult resident of any foster home, treatment foster home or day care center that provides care and supervision for 4 to 8 children that, on the effective date of this subdivision .... [revisor inserts date], is licensed under s. 48.66 (1) or 48.69 or that, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending with the department within 6 months after the effective date of this subdivision .... [revisor inserts date], or on renewing the license, whichever is earlier.

SB24-SSA1,18,2 3. Subject to subd. 2., the department, with the assistance of the department of justice, may conduct a background investigation of any employe, prospective employe or adult resident of a foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children at the time of license renewal or at any other time that the department considers to be appropriate.

SB24-SSA1,18,8 4. Before a foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children may employ any person or permit any person to be an adult resident, the 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.

SB24-SSA1,18,17 (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 department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the 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.

SB24-SSA1,18,19 (e) Upon request, a person being investigated under par. (b) or (c) shall provide the department with all of the following information:

SB24-SSA1,18,20 1. The person's name.

SB24-SSA1,18,21 2. The person's social security number.

SB24-SSA1,18,23 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,19,2 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.

SB24-SSA1,19,12 (f) 1. The department may not issue a license to operate a shelter care facility, child welfare agency, foster home, treatment foster home, group home or day care center until the department receives information from the department of justice indicating that the conviction record of the applicant or licensee under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The department may issue a license to operate a shelter care facility, child welfare agency, foster home, treatment foster home, group home or day care center 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.

SB24-SSA1,19,24 2. A foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children may not employ a person or permit a person to be an adult resident until the 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 department so advises the foster home, treatment foster home or day care center. A foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children 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.

SB24-SSA1,20,6 (g) Subject to par. (h), the department may not issue or renew a license to operate a shelter care facility, child welfare agency, foster home, treatment foster home, group home or day care center and a foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,20,10 1. The applicant, licensee 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.

SB24-SSA1,20,15 2. The applicant, licensee 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, licensee or other person would be subject to a penalty specified in any of those sections if convicted in this state.

SB24-SSA1,21,2 3. The applicant, licensee 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 department may issue a license to or renew the license of, and a foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children 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.

SB24-SSA1,21,10 (h) Notwithstanding par. (g), a person whose application to the department for initial licensure to operate a foster home or treatment foster home or renewal of a license to operate a foster home or treatment foster home 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 under s. 48.64 (4) (a). If the department determines that issuing or renewing the license would be in the best interests of a child, the department shall order that the license be issued or renewed. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.