SB77-SSA1,715,2216
48.57
(3m) (d) A county department
or, in a county having a population of
17500,000 or more, the department shall review a placement of a child for which the
18county department
or department makes payments under par. (am) not less than
19every 12 months after the county department
or department begins making those
20payments to determine whether the conditions specified in par. (am) continue to
21exist. If those conditions do not continue to exist, the county department
or
22department shall discontinue making those payments.
SB77-SSA1,716,424
48.57
(3m) (f) Any person whose application for payments under par. (am) is
25not acted on promptly or is denied on the grounds that a condition specified in par.
1(am) 1., 2., 5. or 6. has not been met and any person whose payments under par. (am)
2are discontinued under par. (d) may petition the department under par. (g) for a
3review of that action or failure to act. Review is unavailable if the action or failure
4to act arose more than 45 days before submission of the petition for review.
SB77-SSA1,716,206
48.57
(3m) (g) 1. Upon receipt of a timely petition under par. (f) the department
7shall give the applicant or recipient reasonable notice and an opportunity for a fair
8hearing. The department may make such additional investigation as it considers
9necessary. Notice of the hearing shall be given to the applicant or recipient and to
10the county department or subunit of the department whose action or failure to act
11is the subject of the petition. That county department or subunit of the department
12may be represented at the hearing. The department shall render its decision as soon
13as possible after the hearing and shall send a certified copy of its decision to the
14applicant or recipient and to the county department or subunit of the department
15whose action or failure to act is the subject of the petition. The decision of the
16department shall have the same effect as an order of the county department or
17subunit of the department whose action or failure to act is the subject of the petition.
18The decision shall be final, but may be revoked or modified as altered conditions may
19require. The department shall deny a petition for review or shall refuse to grant
20relief if any of the following applies:
SB77-SSA1,716,2121
a. The petitioner withdraws the petition in writing.
SB77-SSA1,716,2422
b. The sole issue in the petition concerns an automatic payment adjustment or
23change that affects an entire class of recipients and is the result of a change in state
24law.
SB77-SSA1,717,3
1c. The petitioner abandons the petition. Abandonment occurs if the petitioner
2fails to appear in person or by a representative at a scheduled hearing without good
3cause, as determined by the department.
SB77-SSA1,717,134
2. If a recipient requests a hearing within 10 days after the date of notice that
5his or her payments under par. (am) are being discontinued, those payments may not
6be discontinued until a decision is rendered after the hearing but payments made
7pending the hearing decision may be recovered by the department if the contested
8action or failure to act is upheld. The department shall promptly notify the county
9department of the county in which the recipient resides or, if the recipient resides in
10a county having a population of 500,000 or more, the subunit of the department
11administering of the kinship care program in that county that the recipient has
12requested a hearing. Payments under par. (am) shall be discontinued if any of the
13following applies:
SB77-SSA1,717,1514
a. The recipient is contesting a state law or a change in state law and not the
15determination of the payment made on the recipient's behalf.
SB77-SSA1,717,1816
b. The recipient is notified of a change in his or her payments under par. (am)
17while the hearing decision is pending but the recipient fails to request a hearing on
18the change.
SB77-SSA1,717,2019
3. The recipient shall be promptly informed in writing if his or her payments
20under par. (am) are to be discontinued pending the hearing decision.
SB77-SSA1,717,2522
48.57
(3p) (b) 1. After receipt of an application for payments under sub. (3m),
23the county department
or, in a county having a population of 500,000 or more, the
24department of health and family services, with the assistance of the department of
25justice, shall conduct a background investigation of the applicant.
SB77-SSA1,718,72
48.57
(3p) (b) 2. The county department
or, in a county having a population of
3500,000 or more, the department of health and family services, with the assistance
4of the department of justice, may conduct a background investigation of any person
5who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d)
6or at any other time that the county department
or department of health and family
7services considers to be appropriate.
SB77-SSA1,718,159
48.57
(3p) (c) 1. After receipt of an application for payments under sub. (3m),
10the county department
or, in a county having a population of 500,000 or more, the
11department of health and family services, with the assistance of the department of
12justice, shall, in addition to the investigation under par. (b), conduct a background
13investigation of all employes and prospective employes of the applicant who have or
14would have regular contact with the child for whom those payments are being made
15and of each adult resident.
SB77-SSA1,718,2417
48.57
(3p) (c) 2. The county department
or, in a county having a population of
18500,000 or more, the department of health and family services, with the assistance
19of the department of justice, may conduct a background investigation of any of the
20employes or prospective employes of any person who is receiving payments under
21sub. (3m) who have or would have regular contact with the child for whom those
22payments are being made and of each adult resident at the time of review under sub.
23(3m) (d) or at any other time that the county department
or department of health and
24family services considers to be appropriate.
SB77-SSA1,719,8
148.57
(3p) (c) 3. Before a person
that who is receiving payments under sub. (3m)
2may employ any person in a position in which that person would have regular contact
3with the child for whom those payments are being made or permit any person to be
4an adult resident, the county department
or, in a county having a population of
5500,000 or more, the department of health and family services, with the assistance
6of the department of justice, shall conduct a background investigation of the
7prospective employe or prospective adult resident unless that person has already
8been investigated under subd. 1. or 2.
SB77-SSA1,719,2110
48.57
(3p) (d) If the person being investigated under par. (b) or (c) is a
11nonresident, or at any time within the 5 years preceding the date of the application
12has been a nonresident, or if the county department
or, in a county having a
13population of 500,000 or more, the department of health and family services 14determines that the person's employment, licensing or state court records provide a
15reasonable basis for further investigation, the county department
or department of
16health and family services shall require the person to be photographed and
17fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
18fingerprints. The department of justice may provide for the submission of the
19fingerprint cards to the federal bureau of investigation for the purposes of verifying
20the identity of the person fingerprinted and obtaining records of his or her criminal
21arrest and conviction.
SB77-SSA1, s. 1621
22Section
1621. 48.57 (3p) (e) (intro.) of the statutes is amended to read:
SB77-SSA1,720,223
48.57
(3p) (e) (intro.) Upon request, a person being investigated under par. (b)
24or (c) shall provide the county department
or, in a county having a population of
1500,000 or more, the department of health and family services with all of the
2following information:
SB77-SSA1,720,175
48.57
(3p) (fm) 1. The county department
or, in a county having a population
6of 500,000 or more, the department of health and family services may provisionally
7approve the making of payments under sub. (3m) based on the applicant's statement
8under sub. (3m) (am) 4m. The county department
or department of health and family
9services may not finally approve the making of payments under sub. (3m) unless
that 10the county department
or department of health and family services receives
11information from the department of justice indicating that the conviction record of
12the applicant under the law of this state is satisfactory according to the criteria
13specified in par. (g) 1. to 3. The
county department or department of
workforce
14development health and family services may make payments under sub. (3m)
15conditioned on the receipt of information from the federal bureau of investigation
16indicating that the person's conviction record under the law of any other state or
17under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
SB77-SSA1,721,1819
48.57
(3p) (fm) 2. A person receiving payments under sub. (3m) may
20provisionally employ a person in a position in which that person would have regular
21contact with the child for whom those payments are being made or provisionally
22permit a person to be an adult resident if the person receiving those payments states
23to the county department
or, in a county having a population of 500,000 or more, the
24department of health and family services that the employe or adult resident does not
25have any arrests or convictions that could adversely affect the child or the ability of
1the person receiving payments to care for the child. A person receiving payments
2under sub. (3m) may not finally employ a person in a position in which that person
3would have regular contact with the child for whom those payments are being made
4or finally permit a person to be an adult resident until the county department
or, in
5a county having a population of 500,000 or more, the department of health and family
6services receives information from the department of justice indicating that the
7person's conviction record under the law of this state is satisfactory according to the
8criteria specified in par. (g) 1. to 3. and the county department so advises the
9department
of health and family services and the person receiving payments under
10sub. (3m)
or the department of health and family services so advises that person. A
11person receiving payments under sub. (3m) may finally employ a person in a position
12in which that person would have regular contact with the child for whom those
13payments are being made or finally permit a person to be an adult resident
14conditioned on the receipt of information from the county department
or, in a county
15having a population of 500,000 or more, the department of health and family services 16that the federal bureau of investigation indicates that the person's conviction record
17under the law of any other state or under federal law is satisfactory according to the
18criteria specified in par. (g) 1. to 3.
SB77-SSA1,722,221
48.57
(3p) (g) (intro.)
Subject to par. (h), the A county department
or, in a county
22having a population of 500,000 or more, the department of health and family services 23may not make payments to a person applying for payments under sub. (3m) and a
24person receiving payments under sub. (3m) may not employ a person in a position
25in which that person would have regular contact with the child for whom those
1payments are being made or permit a person to be an adult resident if any of the
2following applies:
SB77-SSA1,722,84
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
5in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a
6violation of the law of any other state or federal law under circumstances under
7which the
applicant or other person would be subject to a penalty specified in any of
8those sections if convicted in this state.
SB77-SSA1,722,2210
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
11948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or
12of a violation of the law of any other state or federal law that would be a violation of
13ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
14or 948.70, if committed in this state, except that
the
a county department
or, in a
15county having a population of 500,000 or more, the department of health and family
16services may make payments to a person applying for payments under sub. (3m) and
17a person receiving payments under sub. (3m) may employ in a position in which the
18person would have regular contact with the child for whom those payments are being
19made or permit to be an adult resident a person who has been convicted of a violation
20of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal
21law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state,
22if that violation occurred 20 years or more before the date of the investigation.
SB77-SSA1,723,324
48.57
(3p) (i)
The A county department
and, in a county having a population
25of 500,000 or more, the department of health and family services shall keep
1confidential all information received under this subsection from the department of
2justice or the federal bureau of investigation. Such information is not subject to
3inspection or copying under s. 19.35.
SB77-SSA1,723,85
48.57
(3p) (j)
The A county department
or, in a county having a population of
6500,000 or more, the department of health and family services may charge a fee for
7conducting a background investigation under this subsection. The fee may not
8exceed the reasonable cost of conducting the investigation.
SB77-SSA1,723,1210
48.58
(1) (b) Provide care for children in need of protection or services, and
11delinquent juveniles referred by the county department
under s. 46.215, if the
12delinquent juveniles are placed in separate facilities;
SB77-SSA1,724,214
48.59
(1) The county department
or, in a county having a population of 500,000
15or more, the department or an agency under contract with the department shall
16investigate the personal and family history and environment of any child transferred
17to its legal custody or placed under its supervision under s. 48.345 and make any
18physical or mental examinations of the child considered necessary to determine the
19type of care necessary for the child. The county department
, department or agency 20shall screen a child who is examined under this subsection to determine whether the
21child is in need of special treatment or care because of alcohol or other drug abuse,
22mental illness or severe emotional disturbance. The county department
, department
23or agency shall keep a complete record of the information received from the court, the
24date of reception, all available data on the personal and family history of the child,
25the results of all tests and examinations given the child and a complete history of all
1placements of the child while in the legal custody or under the supervision of the
2county department
, department or agency.
SB77-SSA1,724,134
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 and pay the
10applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this
11subsection is valid
for 2 years after the date of issuance, unless sooner revoked or
12suspended until revoked or suspended, but shall be reviewed every 2 years as
13provided in s. 48.66 (5).
SB77-SSA1,724,2315
48.60
(3) Before issuing
or continuing any license to a child welfare agency
16under this section, the department of health and family services shall review the
17need for the additional placement resources that would be made available by
the 18licensing or
relicensing continuing the license of any child welfare agency after
19August 5, 1973, providing care authorized under s. 48.61 (3). Neither the
20department of health and family services nor the department of corrections may
21make any placements to any child welfare agency where the departmental review
22required under this subsection has failed to indicate the need for the additional
23placement resources.
SB77-SSA1,725,5
148.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
2a child welfare agency that regularly provides care and maintenance for children
3within the confines of its building, the child welfare agency must pay to the
4department a biennial fee of
$100 $110, plus a biennial fee of
$15 $16.50 per child,
5based on the number of children that the child welfare agency is licensed to serve.
SB77-SSA1, s. 1635
6Section
1635. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
7.... (this act), is repealed and recreated to read:
SB77-SSA1,725,128
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
9a child welfare agency that regularly provides care and maintenance for children
10within the confines of its building, the child welfare agency must pay to the
11department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on
12the number of children that the child welfare agency is licensed to serve.
SB77-SSA1,725,1714
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
15a child welfare agency that places children in licensed foster homes, licensed
16treatment foster homes and licensed group homes, the child welfare agency must pay
17to the department a biennial fee of
$210 $231.
SB77-SSA1, s. 1637
18Section
1637. 48.615 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
19.... (this act), is repealed and recreated to read:
SB77-SSA1,725,2320
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
21a child welfare agency that places children in licensed foster homes, licensed
22treatment foster homes and licensed group homes, the child welfare agency must pay
23to the department a biennial fee of $254.10
SB77-SSA1,726,3
148.615
(1) (c) A child welfare agency that wishes to
renew continue a license
2issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the
3renewal continuation date of the license.
SB77-SSA1,726,105
48.615
(2) A child welfare agency that wishes to
renew continue a license issued
6under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by
7the
renewal continuation date of the license or a new child welfare agency that fails
8to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the
9child welfare agency shall pay an additional fee of $5 per day for every day after the
10deadline that the agency fails to pay the fee.
SB77-SSA1,726,2412
48.62
(4) Monthly payments in foster care shall be provided according to the
13age-related rates specified in this subsection. Beginning on January 1,
1993 1998,
14the age-related rates are:
$240 $289 for children aged 4 and under;
$267 $315 for
15children aged 5 to 11;
$327 $358 for children aged 12 to 14 and
$337 $374 for children
16aged 15 to 17. Beginning on January 1,
1994 1999, the age-related rates are:
$276 17$296 for children aged 4 and under;
$301 $323 for children aged 5 to 11;
$344
$367 18for children aged 12 to 14; and
$361 $383 for children aged 15 to 17.
Beginning on
19January 1, 1995, the age-related rates are: $282 for children aged 4 and under; $307
20for children aged 5 to 11; $349 for children aged 12 to 14; and $365 for children aged
2115 to 17. In addition to these grants for basic maintenance, the department shall
22make supplemental payments for special needs, exceptional circumstances, care in
23a treatment foster home and initial clothing allowances according to rules
24promulgated by the department.
SB77-SSA1,727,8
148.625
(1) Any person who receives, with or without transfer of legal custody,
25 to 8 children, to provide care and maintenance for those children shall obtain a
3license to operate a group home from the department. To obtain a license under this
4subsection to operate a group home, a person must meet the minimum requirements
5for a license established by the department under s. 48.67 and pay the license fee
6under sub. (2). A license issued under this subsection is valid
for 2 years after the
7date of issuance, unless sooner revoked or suspended until revoked or suspended, but
8shall be reviewed every 2 years as provided in s. 48.66 (5).
SB77-SSA1,727,1610
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
11group home, the group home must pay to the department a biennial fee of
$100 $110,
12plus a biennial fee of
$15 $16.50 per child, based on the number of children that the
13group home is licensed to serve. A group home that wishes to
renew continue a
14license issued under sub. (1) shall pay the fee under this paragraph by the
renewal 15continuation date of the license. A new group home shall pay the fee under this
16paragraph no later than 30 days before the opening of the group home.
SB77-SSA1, s. 1642
17Section
1642. 48.625 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
18.... (this act), is repealed and recreated to read:
SB77-SSA1,727,2519
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
20group home, the group home must pay to the department a biennial fee of $121, plus
21a biennial fee of $18.15 per child, based on the number of children that the group
22home is licensed to serve. A group home that wishes to continue a license issued
23under sub. (1) shall pay the fee under this paragraph by the continuation date of the
24license. A new group home shall pay the fee under this paragraph no later than 30
25days before the opening of the group home.
SB77-SSA1,728,62
48.625
(2) (b) A group home that wishes to
renew continue a license issued
3under sub. (1) and that fails to pay the fee under par. (a) by the
renewal continuation 4date of the license or a new group home that fails to pay the fee under par. (a) by 30
5days before the opening of the group home shall pay an additional fee of $5 per day
6for every day after the deadline that the group home fails to pay the fee.
SB77-SSA1,728,158
48.627
(2) (a) Before the department, a county department or a licensed child
9welfare agency may issue
or, renew
or continue a foster home, treatment foster home
10or family-operated group home license, the licensing agency shall require the
11applicant to furnish proof satisfactory to the licensing agency that he or she has
12homeowner's or renter's liability insurance that provides coverage for negligent acts
13or omissions by children placed in a foster home, treatment foster home or
14family-operated group home that result in bodily injury or property damage to 3rd
15parties.
SB77-SSA1,729,417
48.65
(1) No person may for compensation provide care and supervision for
4
185 or more children under the age of 7 for less than 24 hours a day unless that person
19obtains a license to operate a day care center from the department
except that a
20person who is a Level I certified family day care provider, as established by the
21department of workforce development under s. 49.155 (1d), may for compensation
22provide care and supervision for up to 6 unrelated children under the age of 7 for less
23than 24 hours a day without obtaining a license to operate a day care center from the
24department. To obtain a license under this subsection to operate a day care center,
25a person must meet the minimum requirements for a license established by the
1department under s. 48.67 and pay the license fee under sub. (3). A license issued
2under this subsection is valid
for 2 years after the date of issuance, unless sooner
3revoked or suspended until revoked or suspended, but shall be reviewed every 2
4years as provided in s. 48.66 (5).
SB77-SSA1,729,126
48.65
(1m) (b) 2. The department of health and family services, with the
7assistance of the department of justice, shall conduct a background investigation of
8any person who, on July 1, 1996, is a day care provider licensed under this section
9or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for
10licensure or a contract offer pending, within 6 months after July 1, 1996, or on the
11person's application for license
continuation or contract renewal, whichever is
12earlier.
SB77-SSA1,729,1914
48.65
(1m) (b) 3. Subject to subd. 2., the department of health and family
15services may, at the time of
renewal continuation of the license or
renewal of the 16contract of a day care provider licensed under this section or contracted for under s.
17120.13 (14), or at any other time that the department considers to be appropriate,
18conduct, with the assistance of the department of justice, a background investigation
19of that day care provider.
SB77-SSA1,730,221
48.65
(1m) (c) 2. The department of health and family services, with the
22assistance of the department of justice, shall conduct a background investigation of
23each adult resident of a person who, on July 1, 1996, is licensed under this section
24or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for
25licensure or a contract offer pending, within 6 months after that date or on the
1person's application for license
continuation or contract renewal, whichever is
2earlier.
SB77-SSA1,730,114
48.65
(1m) (c) 3. Subject to subd. 2., the department of health and family
5services may, at the time of
renewal continuation of the license or
renewal of the 6contract of a day care provider licensed under this section or contracted for under s.
7120.13 (14) or at any other time that the department considers to be appropriate,
8conduct, with the assistance of the department of justice, a background investigation
9of any employe or prospective employe of the day care provider who has or would have
10regular contact with any child receiving day care from the day care provider or of any
11adult resident of the day care provider.
SB77-SSA1,730,2313
48.65
(3) (a) Before the department may issue a license under sub. (1) to a day
14care center that provides care and supervision for
4
5 to 8 children, the day care
15center must pay to the department a biennial fee of
$50 $55. Before the department
16may issue a license under sub. (1) to a day care center that provides care and
17supervision for 9 or more children, the day care center must pay to the department
18a biennial fee of
$25 $27.50, plus a biennial fee of
$7 $7.70 per child, based on the
19number of children that the day care center is licensed to serve. A day care center
20that wishes to
renew continue a license issued under sub. (1) shall pay the applicable
21fee under this paragraph by the
renewal continuation date of the license. A new day
22care center shall pay the applicable fee under this paragraph no later than 30 days
23before the opening of the day care center.
SB77-SSA1, s. 1651
24Section
1651. 48.65 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
25.... (this act), is repealed and recreated to read:
SB77-SSA1,731,10
148.65
(3) (a) Before the department may issue a license under sub. (1) to a day
2care center that provides care and supervision for 5 to 8 children, the day care center
3must pay to the department a biennial fee of $60.50. Before the department may
4issue a license under sub. (1) to a day care center that provides care and supervision
5for 9 or more children, the day care center must pay to the department a biennial fee
6of $30.25, plus a biennial fee of $8.47 per child, based on the number of children that
7the day care center is licensed to serve. A day care center that wishes to continue a
8license issued under sub. (1) shall pay the applicable fee under this paragraph by the
9continuation date of the license. A new day care center shall pay the applicable fee
10under this paragraph no later than 30 days before the opening of the day care center.
SB77-SSA1,731,1712
48.65
(3) (b) A day care center that wishes to
renew continue a license issued
13under par. (a) and that fails to pay the applicable fee under par. (a) by the
renewal 14continuation date of the license or a new day care center that fails to pay the
15applicable fee under par. (a) by 30 days before the opening of the day care center shall
16pay an additional fee of $5 per day for every day after the deadline that the group
17home fails to pay the fee.
SB77-SSA1, s. 1653
18Section
1653. 48.651 (1) (intro.) of the statutes is amended to read: