LRBb1246/9
TAY&GMM:kg:ijs
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 9,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 100
September 16, 1997 - Offered by Representatives Krusick, Hahn, Underheim,
Ainsworth, Albers, Baldwin, Black, Bock, Boyle, Brandemuehl, Carpenter,
Cullen, Dobyns, Duff, Freese, Goetsch, Green, Grothman, Gunderson,
Handrick, Hanson, Harsdorf, Hasenohrl, Hebl, Huber, Huebsch, Kaufert,
Kedzie, Kreibich, Kreuser, Krug, Ladwig, Lazich, M. Lehman, Linton, Meyer,
Murat, Musser, Nass, Notestein, Olsen, Ott, Ourada, Plale, Plouff, Powers,
Riley, Robson, Rutkowski, Ryba, Seratti, Springer, Staskunas, Steinbrink,
Sykora, Travis, Turner, Urban, Vander Loop, Vrakas, Walker, Wasserman,
Wood, L. Young, Ziegelbauer and Zukowski.
AB100-ASA1-AA9,1,5
21. Page 103, line 3: increase the dollar amount for fiscal year 1998-99 by
3$292,700 for the purpose of increasing the number of authorized FTE positions for
4the department of regulation and licensing by 2.5 PR positions and establishing a
5computer linkup under section 440.03 (12m) of the statutes, as created by this act.
AB100-ASA1-AA9,1,9
62. Page 185, line 11: increase the dollar amount for fiscal year 1998-99 by
7$415,300 for the purpose of increasing the number of authorized FTE positions for
8the department of health and family services by 9.5 GPR positions for investigations
9conducted under section 146.40 (4r) (b) of the statutes, as affected by this act.
AB100-ASA1-AA9,1,12
103. Page 255, line 3: increase the dollar amount for fiscal year 1998-99 by
11$420,000 for the purpose of providing a supplement for the computer linkup among
12the departments of justice, regulation and licensing and health and family services.
AB100-ASA1-AA9,2,3
2"
Section 1631d. 48.60 (1) of the statutes, as affected by 1997 Wisconsin Act
3.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,2,124
48.60
(1) No person may receive children, with or without transfer of legal
5custody, to provide care and maintenance for 75 days in any consecutive 12 months'
6period for 4 or more such children at any one time unless that person obtains a license
7to operate a child welfare agency from the department. To obtain a license under this
8subsection to operate a child welfare agency, a person must meet the minimum
9requirements for a license established by the department under s. 48.67, meet the
10requirements specified in s. 48.685 and pay the applicable license fee under s. 48.615
11(1) (a) or (b). A license issued under this subsection is valid until revoked or
12suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).".
AB100-ASA1-AA9,2,15
14"
Section 1640d. 48.625 (1) of the statutes, as affected by 1997 Wisconsin Act
15.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,2,2316
48.625
(1) Any person who receives, with or without transfer of legal custody,
175 to 8 children, to provide care and maintenance for those children shall obtain a
18license to operate a group home from the department. To obtain a license under this
19subsection to operate a group home, a person must meet the minimum requirements
20for a license established by the department under s. 48.67, meet the requirements
21specified in s. 48.685 and pay the license fee under sub. (2). A license issued under
22this subsection is valid until revoked or suspended, but shall be reviewed every 2
23years as provided in s. 48.66 (5).".
AB100-ASA1-AA9,3,2
1"
Section 1645d. 48.65 (1) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,3,153
48.65
(1) No person may for compensation provide care and supervision for 5
4or more children under the age of 7 for less than 24 hours a day unless that person
5obtains a license to operate a day care center from the department except that a
6person who is a Level I certified family day care provider, as established by the
7department of workforce development under s. 49.155 (1d), may for compensation
8provide care and supervision for up to 6 unrelated children under the age of 7 for less
9than 24 hours a day without obtaining a license to operate a day care center from the
10department. To obtain a license under this subsection to operate a day care center,
11a person must meet the minimum requirements for a license established by the
12department under s. 48.67, meet the requirements specified in s. 48.685 and pay the
13license fee under sub. (3). A license issued under this subsection is valid until
14revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66
15(5).".
AB100-ASA1-AA9,3,21
20"
Section 1653g. 48.651 (1) (intro.) of the statutes, as affected by 1997
21Wisconsin Act .... (this act), is amended to read:
AB100-ASA1-AA9,4,822
48.651
(1) (intro.) Each county department shall certify, according to the
23standards adopted by the department of workforce development under s. 49.155 (1d),
24each day care provider reimbursed for child care services provided to families
1determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider
2is a day care center licensed under s. 48.65 or is established or contracted for under
3s. 120.13 (14). Each county may charge a fee to cover the costs of certification.
To
4be certified under this section, a person must meet the minimum requirements for
5certification established by the department of workforce development under s.
649.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified
7in this section. The county shall certify the following categories of day care
8providers:".
AB100-ASA1-AA9,4,1412
48.651
(2m) Each county department shall provide the department with
13information about each person who is denied certification for a reason specified in
14s. 48.685 (2) (a) 1. to 5.".
AB100-ASA1-AA9,4,17
16"
Section 1661d. 48.66 (5) of the statutes, as affected by 1997 Wisconsin Act
17.... (this act), is amended to read:
AB100-ASA1-AA9,5,818
48.66
(5) A child welfare agency, group home, day care center or shelter care
19facility license, other than a probationary license, is valid until revoked or
20suspended, but shall be reviewed every 2 years after the date of issuance as provided
21in this subsection. At least 30 days prior to the continuation date of the license, the
22licensee shall submit to the department an application for continuance of the license
23in the form and containing the information that the department requires. If the
24minimum requirements for a license established under s. 48.67 are met, the
1application is approved, the applicable
fee
fees referred to in
s. 48.68 (1) is paid, ss.
248.68 (1) and 48.685 (8) are paid and any forfeiture under s. 48.715 (3) (a) or penalty
3under s. 48.76 that is due is paid
and, for a day care center, the fee under s. 48.65 (1m)
4(j) is paid, the department shall continue the license for an additional 2-year period,
5unless sooner suspended or revoked. If the application is not timely filed, the
6department shall issue a warning to the licensee. If the licensee fails to apply for
7continuance of the license within 30 days after receipt of the warning, the
8department may revoke the license as provided in s. 48.715 (4) and (4m) (b).".
AB100-ASA1-AA9,5,11
10"
Section 1663d. 48.68 (1) of the statutes, as affected by 1997 Wisconsin Act
11.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,6,312
48.68
(1) After receipt of an application for a license, the department shall
13investigate to determine if the applicant meets the minimum requirements for a
14license adopted by the department under s. 48.67 and meets the requirements
15specified in s. 48.685, if applicable. In determining whether to issue or continue a
16license, the department may consider any action by the applicant, or by an employe
17of the applicant, that constitutes a substantial failure by the applicant or employe
18to protect and promote the health, safety and welfare of a child. Upon satisfactory
19completion of this investigation and payment of the fee required under s. 48.615 (1)
20(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
21license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69 or,
22if applicable, shall continue a license under s. 48.66 (5). At the time of initial
23licensure and license renewal, the department shall provide a foster home licensee
24with written information relating to the age-related monthly foster care rates and
1supplemental payments specified in s. 48.62 (4), including payment amounts,
2eligibility requirements for supplemental payments and the procedures for applying
3for supplemental payments.".
AB100-ASA1-AA9,6,7
648.685 Criminal history and child abuse record search. (1) In this
7section:
AB100-ASA1-AA9,6,88
(a) "Client" means a child who receives services from an entity.
AB100-ASA1-AA9,6,149
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to
10provide care and maintenance for children, to place children for adoption or to license
11foster homes or treatment foster homes; a group home that is licensed under s.
1248.625; a shelter care facility that is licensed under s. 938.22; a day care center that
13is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a
14day care provider that is certified under s. 48.651.
AB100-ASA1-AA9,6,1615
(c) "Serious crime" has the meaning specified by the department by rule
16promulgated under sub. (7) (a).
AB100-ASA1-AA9,6,22
17(2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the
18department may not license a person to operate an entity or continue the license of
19a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a
20county department may not certify a day care provider under s. 48.651 and a school
21board may not contract with a person under s. 120.13 (14), if the department, county
22department or school board knows or should have known any of the following:
AB100-ASA1-AA9,6,2323
1. That the person has been convicted of a serious crime.
AB100-ASA1-AA9,6,2424
2. That the person has pending against him or her a charge for a serious crime.
AB100-ASA1-AA9,7,3
13. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
2made a finding that the person has abused or neglected any client or
3misappropriated the property of any client.
AB100-ASA1-AA9,7,54
4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
5has abused or neglected a child.
AB100-ASA1-AA9,7,86
5. That, in the case of a position for which the person must be credentialed by
7the department of regulation and licensing, the person's credential is not current or
8is limited so as to restrict the person from providing adequate care to a client.
AB100-ASA1-AA9,7,129
(ad) A county department may certify a day care provider under s. 48.651 and
10a school board may contract with a person under s. 120.13 (14), conditioned on the
11receipt of the information specified in par. (am) indicating that the person is not
12ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.
AB100-ASA1-AA9,7,1713
(ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity
14may not hire or contract with a person who will be under the entity's control, as
15defined by the department by rule, and who is expected to have access to its clients,
16or permit to reside at the entity a person who is not a client and who is expected to
17have access to a client, if the entity knows or should have known any of the following:
AB100-ASA1-AA9,7,1818
1. That the person has been convicted of a serious crime.
AB100-ASA1-AA9,7,1919
2. That the person has pending against him or her a charge for a serious crime.
AB100-ASA1-AA9,7,2220
3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
21made a finding that the person has abused or neglected any client or
22misappropriated the property of any client.
AB100-ASA1-AA9,7,2423
4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
24has abused or neglected a child.
AB100-ASA1-AA9,8,3
15. That, in the case of a position for which the person must be credentialed by
2the department of regulation and licensing, the person's credential is not current or
3is limited so as to restrict the person from providing adequate care to a client.
AB100-ASA1-AA9,8,64
(am) Subject to subd. 5., the department, a county department or a school board
5shall obtain all of the following with respect to a person specified under par. (a)
6(intro.):
AB100-ASA1-AA9,8,87
1. A criminal history search from the records maintained by the department
8of justice.
AB100-ASA1-AA9,8,109
2. Information that is contained in the registry under s. 146.40 (4g) regarding
10any findings against the person.
AB100-ASA1-AA9,8,1211
3. Information maintained by the department of regulation and licensing
12regarding the status of the person's credentials, if applicable.
AB100-ASA1-AA9,8,1413
4. Information maintained by the department regarding any substantiated
14reports of child abuse or neglect against the person.