AB150: Bill Text

AB150,972,3 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who 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, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,972,5 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.625 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2587 Section 2587. 48.625 (2) (a) of the statutes is amended to read:

AB150,972,13 48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $75 $180, plus a biennial fee of $10 $24 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to renew a license issued under sub. (1) shall pay the fee under this paragraph by the renewal date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

AB150, s. 2588 Section 2588. 48.627 (2) (c) of the statutes is amended to read:

AB150,972,20 48.627 (2) (c) The department shall conduct a study to determine the cost-effectiveness of purchasing insurance to provide standard homeowner's or renter's liability insurance coverage for applicants who are granted a waiver under par. (b). If the department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance from the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd).

AB150, s. 2589 Section 2589. 48.627 (2c) of the statutes is amended to read:

AB150,973,7 48.627 (2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster, treatment foster and family-operated group home parents for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home or a family-operated group home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home or a family-operated group home shall be in accordance with subs. (2m) to (3).

AB150, s. 2590 Section 2590. 48.627 (2m) of the statutes is amended to read:

AB150,973,15 48.627 (2m) Within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for bodily injury or property damage sustained by a licensed foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family as a result of the act of a child in the foster, treatment foster or family-operated group home parent's care.

AB150, s. 2591 Section 2591. 48.627 (2s) (intro.) of the statutes is amended to read:

AB150,973,20 48.627 (2s) (intro.)  Within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd), the department may pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for all of the following:

AB150, s. 2592 Section 2592. 48.627 (3) (f) of the statutes is amended to read:

AB150,974,7 48.627 (3) (f) If the total amount of the claims approved during any calendar quarter exceeds 25% of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under s. 20.435 (6) (3) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent or treatment foster parent from submitting a claim under s. 16.007 for the unpaid portion.

AB150, s. 2593 Section 2593. 48.627 (4) of the statutes is amended to read:

AB150,974,14 48.627 (4) Except as provided in s. 895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home, treatment foster home or family-operated group home, but shall, as provided in this section, pay claims described under sub. (2m) and may pay claims described under sub. (2s) or may purchase insurance to cover such claims as provided for under sub. (2c), within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd).

AB150, s. 2594 Section 2594. 48.63 (1) of the statutes is amended to read:

AB150,975,5 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and social services, the department of corrections, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under ss. 48.34 and 48.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

AB150, s. 2595 Section 2595. 48.64 (1) of the statutes is amended to read:

AB150,975,10 48.64 (1) Definition. In this section, "agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency authorized to place children in foster homes or treatment foster homes.

AB150, s. 2596 Section 2596. 48.65 (1) of the statutes is amended to read:

AB150,975,19 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.

AB150, s. 2597 Section 2597. 48.65 (1m) of the statutes is created to read:

AB150,975,24 48.65 (1m) (a) Before applying for initial licensure or license renewal, an applicant for a license to provide care and supervision for 9 or more children, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

AB150,976,9 (b) If the person being investigated under par. (a) 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 determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant 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.

AB150,976,11 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

AB150,976,12 1. The person's name.

AB150,976,13 2. The person's social security number.

AB150,976,15 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,976,24 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who 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, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,977,2 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.65 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2598 Section 2598. 48.65 (3) (a) of the statutes is amended to read:

AB150,977,13 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25, plus a biennial fee of $5 $10 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew a license issued under sub. (1) shall pay the applicable fee under this paragraph by the renewal date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB150, s. 2599 Section 2599. 48.67 of the statutes is amended to read:

AB150,978,2 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of industry, labor and human relations development and the department of public instruction before promulgating these rules.

AB150, s. 2600 Section 2600. 48.677 (title) of the statutes is renumbered 46.48 (16) (title).

AB150, s. 2601 Section 2601. 48.677 of the statutes is renumbered 46.48 (16) (a) and amended to read:

AB150,978,18 46.48 (16) (a) A private, nonprofit organization may apply to the department for a grant from the appropriations under s. 20.435 (7) (de) and (pm) The department shall distribute not more than $37,500 in each fiscal year as grants to private, nonprofit organizations to recruit African American foster parents, including African American prospective adoptive parents, in communities that have a high percentage of African American children and a high percentage of children in out-of-home placements. The department shall review the applications submitted under this section paragraph and determine the number of grants that will be awarded, which of the applicants will receive grants and the amount of each grant. A private, nonprofit organization receiving a grant under this section paragraph shall cooperate and coordinate its activities under the grant with the county department under s. 46.215, 46.22 or 46.23 serving the area from which the private, nonprofit organization recruits African American foster parents.

AB150, s. 2602 Section 2602. 48.68 (1) of the statutes is amended to read:

AB150,979,9 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 as provided in sub. (1m). 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. 49.19 (12) 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

****Note: This is reconciled s. 48.68 (1) . This Section has been affected by drafts with the following LRB numbers: 2160/2 and 2487/1.

AB150, s. 2603 Section 2603. 48.68 (1m) of the statutes is created to read:

AB150,979,18 48.68 (1m) (a) After receipt of an application for a license, the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant. If the applicant is applying for a license to operate a day care center that provides care and supervision for 4 to 8 children, the department shall also conduct a background investigation of each employe and prospective employe of the applicant. If the applicant is applying for a license to operate a foster home or a treatment foster home, the department shall also conduct a background investigation of each adult who resides with the applicant.

AB150,980,4 (b) If the person being investigated under par. (a) 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.

AB150,980,6 (c) Upon request, a person being investigated under par. (a) shall provide the department with all of the following information:

AB150,980,7 1. The person's name.

AB150,980,8 2. The person's social security number.

AB150,980,10 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,980,20 (d) The department may issue or renew a license conditioned on the receipt of a satisfactory background investigation. The department may not issue a license to or renew the license of any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who 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, except that the department may issue a license to or renew the license of a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if the violation occurred 20 years or more before the date of the investigation.

AB150,981,2 (e) The department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the department may disclose any information obtained under this subsection to a person who is conducting a background investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.75 (1m) or 118.19 (10). Such information is not subject to inspection or copying under s. 19.35.

AB150,981,5 (f) The 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.

****Note: This is reconciled s. 48.68 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2604 Section 2604. 48.715 (2) (bm) of the statutes is created to read:

AB150,981,13 48.715 (2) (bm) That a person who employs a person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, terminate the employment of that person immediately on receipt of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.

****Note: This is reconciled s. 48.715 (2) (bm). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2605 Section 2605. 48.715 (3) (intro.) of the statutes is amended to read:

AB150,981,21 48.715 (3) (intro.)  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:

AB150, s. 2606 Section 2606. 48.715 (3) (a) (intro.) of the statutes is amended to read:

AB150,982,3 48.715 (3) (a) (intro.) A daily forfeiture amount per violation of not less than $10 nor more than $50 $1,000. All of the following apply to a forfeiture under this paragraph:

AB150, s. 2607 Section 2607. 48.715 (3) (a) 1. of the statutes is amended to read:

AB150,982,10 48.715 (3) (a) 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. As part of the order, the 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).

AB150, s. 2608 Section 2608. 48.75 (1) of the statutes is amended to read:

AB150,982,25 48.75 (1) Child welfare agencies, if licensed to do so by the department, and county departments may license foster homes and treatment foster homes . After receipt of an application for a license, the child welfare agency or county department shall investigate to determine if the applicant meets the minimum requirements for a license under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. The investigation shall include a background investigation as provided in sub. (1m). A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable and may be revoked by the child welfare agency or by the county department because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor.

AB150, s. 2609 Section 2609. 48.75 (1m) of the statutes is created to read:

AB150,983,5 48.75 (1m) (a) After receipt of an application for a license, the child welfare agency or county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant and of each adult who resides with the applicant.

AB150,983,15 (b) If the person being investigated under par. (a) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the child welfare agency or county department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the child welfare agency or 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.

AB150,983,17 (c) Upon request, a person being investigated under par. (a) shall provide the child welfare agency or county department with all of the following information:

AB150,983,18 1. The person's name.

AB150,983,19 2. The person's social security number.

AB150,983,21 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,984,3 (d) The child welfare agency or county department may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation. The child welfare agency or county department may not issue a license to or renew the license of any person who has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of ch. 940, 944 or 948 or who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645.

AB150,984,11 (e) The child welfare agency or 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 child welfare agency may disclose any information obtained under this subsection to any other child welfare agency or county department conducting an investigation under this subsection or to any person conducting an investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.68 (1m) or 118.19 (10). Such information is not subject to inspection or copying under s. 19.35.

AB150,984,14 (f) The child welfare agency or 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.

****Note: This is reconciled s. 48.75 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2610 Section 2610. 48.78 (1) of the statutes is amended to read:

AB150,984,19 48.78 (1) In this section, unless otherwise qualified, "agency" means the department of health and social services, the department of corrections, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.

AB150, s. 2611 Section 2611. 48.78 (2) (c) of the statutes is amended to read:

AB150,985,2 48.78 (2) (c) Paragraph (a) does not prohibit the department of health and social services or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.

AB150, s. 2612 Section 2612. 48.78 (2) (e) of the statutes is amended to read:

AB150,985,11 48.78 (2) (e) Paragraph (a) does not prohibit the department of health and social services or the department of corrections from disclosing information about an individual adjudged delinquent under s. 48.31 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB150, s. 2613 Section 2613. 48.78 (2) (f) of the statutes is created to read:

AB150,985,15 48.78 (2) (f) Paragraph (a) does not prohibit the department of corrections from disclosing information about a person who has been convicted of violating a state or federal criminal law.

AB150, s. 2614 Section 2614. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,986,10 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful serious juvenile offender supervision, the department of health and social services or the department of corrections may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a child, or information about a child, who is a participant in the youthful serious juvenile offender program.

AB150, s. 2615 Section 2615. 48.79 (intro.) of the statutes is amended to read:

AB150,986,13 48.79 (title) Powers of the department of health and social services. (intro.) The department of health and social services has authority and power:

AB150, s. 2616 Section 2616. 48.795 of the statutes is created to read: