AB100-engrossed,784,2216
48.57
(3t) Notwithstanding subs. (3m) and (3p), the department may enter into
17an agreement with the governing body of a federally recognized American Indian
18tribe to allow that governing body to administer the program under subs. (3m) and
19(3p) within the boundaries of that reservation.
Any agreement under this subsection
20shall specify the person with whom a request for review under sub. (3p) (h) 2. may
21be filed and the person who has been designated by the governing body to conduct
22the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4.
AB100-engrossed,785,3
148.58
(1) (b) Provide care for children in need of protection or services, and
2delinquent juveniles referred by the county department
under s. 46.215, if the
3delinquent juveniles are placed in separate facilities;
AB100-engrossed,785,185
48.59
(1) The county department
or, in a county having a population of 500,000
6or more, the department or an agency under contract with the department shall
7investigate the personal and family history and environment of any child transferred
8to its legal custody or placed under its supervision under s. 48.345 and make any
9physical or mental examinations of the child considered necessary to determine the
10type of care necessary for the child. The county department
, department or agency 11shall screen a child who is examined under this subsection to determine whether the
12child is in need of special treatment or care because of alcohol or other drug abuse,
13mental illness or severe emotional disturbance. The county department
, department
14or agency shall keep a complete record of the information received from the court, the
15date of reception, all available data on the personal and family history of the child,
16the results of all tests and examinations given the child and a complete history of all
17placements of the child while in the legal custody or under the supervision of the
18county department
, department or agency.
AB100-engrossed,786,420
48.60
(1) No person may receive children, with or without transfer of legal
21custody, to provide care and maintenance for 75 days in any consecutive 12 months'
22period for 4 or more such children at any one time unless that person obtains a license
23to operate a child welfare agency from the department. To obtain a license under this
24subsection to operate a child welfare agency, a person must meet the minimum
25requirements for a license established by the department under s. 48.67 and pay the
1applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this
2subsection is valid
for 2 years after the date of issuance, unless sooner revoked or
3suspended until revoked or suspended, but shall be reviewed every 2 years as
4provided in s. 48.66 (5).
AB100-engrossed, s. 1631d
5Section 1631d. 48.60 (1) of the statutes, as affected by 1997 Wisconsin Act ....
6(this act), is repealed and recreated to read:
AB100-engrossed,786,157
48.60
(1) No person may receive children, with or without transfer of legal
8custody, to provide care and maintenance for 75 days in any consecutive 12 months'
9period for 4 or more such children at any one time unless that person obtains a license
10to operate a child welfare agency from the department. To obtain a license under this
11subsection to operate a child welfare agency, a person must meet the minimum
12requirements for a license established by the department under s. 48.67, meet the
13requirements specified in s. 48.685 and pay the applicable license fee under s. 48.615
14(1) (a) or (b). A license issued under this subsection is valid until revoked or
15suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB100-engrossed,786,2517
48.60
(3) Before issuing
or continuing any license to a child welfare agency
18under this section, the department of health and family services shall review the
19need for the additional placement resources that would be made available by
the 20licensing or
relicensing continuing the license of any child welfare agency after
21August 5, 1973, providing care authorized under s. 48.61 (3). Neither the
22department of health and family services nor the department of corrections may
23make any placements to any child welfare agency where the departmental review
24required under this subsection has failed to indicate the need for the additional
25placement resources.
AB100-engrossed,787,62
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
3a child welfare agency that regularly provides care and maintenance for children
4within the confines of its building, the child welfare agency must pay to the
5department a biennial fee of
$100 $110, plus a biennial fee of
$15 $16.50 per child,
6based on the number of children that the child welfare agency is licensed to serve.
AB100-engrossed, s. 1635
7Section
1635. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
8.... (this act), is repealed and recreated to read:
AB100-engrossed,787,139
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
10a child welfare agency that regularly provides care and maintenance for children
11within the confines of its building, the child welfare agency must pay to the
12department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on
13the number of children that the child welfare agency is licensed to serve.
AB100-engrossed,787,1815
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
16a child welfare agency that places children in licensed foster homes, licensed
17treatment foster homes and licensed group homes, the child welfare agency must pay
18to the department a biennial fee of
$210 $231.
AB100-engrossed, s. 1637
19Section
1637. 48.615 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB100-engrossed,787,2421
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
22a child welfare agency that places children in licensed foster homes, licensed
23treatment foster homes and licensed group homes, the child welfare agency must pay
24to the department a biennial fee of $254.10
AB100-engrossed,788,3
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.
AB100-engrossed,788,105
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.
AB100-engrossed,788,2412
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.
AB100-engrossed,789,8
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).
AB100-engrossed, s. 1640d
9Section 1640d. 48.625 (1) of the statutes, as affected by 1997 Wisconsin Act
10.... (this act), is repealed and recreated to read:
AB100-engrossed,789,1811
48.625
(1) Any person who receives, with or without transfer of legal custody,
125 to 8 children, to provide care and maintenance for those children shall obtain a
13license to operate a group home from the department. To obtain a license under this
14subsection to operate a group home, a person must meet the minimum requirements
15for a license established by the department under s. 48.67, meet the requirements
16specified in s. 48.685 and pay the license fee under sub. (2). A license issued under
17this subsection is valid until revoked or suspended, but shall be reviewed every 2
18years as provided in s. 48.66 (5).
AB100-engrossed,790,220
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
21group home, the group home must pay to the department a biennial fee of
$100 $110,
22plus a biennial fee of
$15 $16.50 per child, based on the number of children that the
23group home is licensed to serve. A group home that wishes to
renew continue a
24license issued under sub. (1) shall pay the fee under this paragraph by the
renewal
1continuation date of the license. A new group home shall pay the fee under this
2paragraph no later than 30 days before the opening of the group home.
AB100-engrossed, s. 1642
3Section
1642. 48.625 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
4.... (this act), is repealed and recreated to read:
AB100-engrossed,790,115
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
6group home, the group home must pay to the department a biennial fee of $121, plus
7a biennial fee of $18.15 per child, based on the number of children that the group
8home is licensed to serve. A group home that wishes to continue a license issued
9under sub. (1) shall pay the fee under this paragraph by the continuation date of the
10license. A new group home shall pay the fee under this paragraph no later than 30
11days before the opening of the group home.
AB100-engrossed,790,1713
48.625
(2) (b) A group home that wishes to
renew continue a license issued
14under sub. (1) and that fails to pay the fee under par. (a) by the
renewal continuation 15date of the license or a new group home that fails to pay the fee under par. (a) by 30
16days before the opening of the group home shall pay an additional fee of $5 per day
17for every day after the deadline that the group home fails to pay the fee.
AB100-engrossed,791,219
48.627
(2) (a) Before the department, a county department or a licensed child
20welfare agency may issue
or, renew
or continue a foster home, treatment foster home
21or family-operated group home license, the licensing agency shall require the
22applicant to furnish proof satisfactory to the licensing agency that he or she has
23homeowner's or renter's liability insurance that provides coverage for negligent acts
24or omissions by children placed in a foster home, treatment foster home or
1family-operated group home that result in bodily injury or property damage to 3rd
2parties.
AB100-engrossed,791,114
48.65
(1) No person may for compensation provide care and supervision for 4
5or more children under the age of 7 for less than 24 hours a day unless that person
6obtains a license to operate a day care center from the department. To obtain a
7license under this subsection to operate a day care center, a person must meet the
8minimum requirements for a license established by the department under s. 48.67
9and pay the license fee under sub. (3). A license issued under this subsection is valid
10for 2 years after the date of issuance, unless sooner revoked or suspended until
11revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB100-engrossed, s. 1645d
12Section 1645d. 48.65 (1) of the statutes, as affected by 1997 Wisconsin Act ....
13(this act), is repealed and recreated to read:
AB100-engrossed,791,2114
48.65
(1) No person may for compensation provide care and supervision for 4
15or more children under the age of 7 for less than 24 hours a day unless that person
16obtains a license to operate a day care center from the department. To obtain a
17license under this subsection to operate a day care center, a person must meet the
18minimum requirements for a license established by the department under s. 48.67,
19meet the requirements specified in s. 48.685 and pay the license fee under sub. (3).
20A license issued under this subsection is valid until revoked or suspended, but shall
21be reviewed every 2 years as provided in s. 48.66 (5).
AB100-engrossed,792,924
48.65
(3) (a) Before the department may issue a license under sub. (1) to a day
25care center that provides care and supervision for 4 to 8 children, the day care center
1must pay to the department a biennial fee of
$50 $55. Before the department may
2issue a license under sub. (1) to a day care center that provides care and supervision
3for 9 or more children, the day care center must pay to the department a biennial fee
4of
$25 $27.50, plus a biennial fee of
$7 $7.70 per child, based on the number of
5children that the day care center is licensed to serve. A day care center that wishes
6to
renew continue a license issued under sub. (1) shall pay the applicable fee under
7this paragraph by the
renewal continuation date of the license. A new day care
8center shall pay the applicable fee under this paragraph no later than 30 days before
9the opening of the day care center.
AB100-engrossed, s. 1651
10Section
1651. 48.65 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
11.... (this act), is repealed and recreated to read:
AB100-engrossed,792,2112
48.65
(3) (a) Before the department may issue a license under sub. (1) to a day
13care center that provides care and supervision for 4 to 8 children, the day care center
14must pay to the department a biennial fee of $60.50. Before the department may
15issue a license under sub. (1) to a day care center that provides care and supervision
16for 9 or more children, the day care center must pay to the department a biennial fee
17of $30.25, plus a biennial fee of $8.47 per child, based on the number of children that
18the day care center is licensed to serve. A day care center that wishes to continue a
19license issued under sub. (1) shall pay the applicable fee under this paragraph by the
20continuation date of the license. A new day care center shall pay the applicable fee
21under this paragraph no later than 30 days before the opening of the day care center.
AB100-engrossed,793,323
48.65
(3) (b) A day care center that wishes to
renew continue a license issued
24under par. (a) and that fails to pay the applicable fee under par. (a) by the
renewal 25continuation date of the license or a new day care center that fails to pay the
1applicable fee under par. (a) by 30 days before the opening of the day care center shall
2pay an additional fee of $5 per day for every day after the deadline that the group
3home fails to pay the fee.
AB100-engrossed,793,115
48.651
(1) (intro.) Each county department shall certify, according to the
6standards adopted by the department
of workforce development under s.
46.03 (21) 749.155 (1d), each day care provider reimbursed for child care services provided to
8families determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the
9provider is a day care center licensed under s. 48.65 or is established or contracted
10for under s. 120.13 (14). Each county may charge a fee to cover the costs of
11certification. The county shall certify the following categories of day care providers:
AB100-engrossed, s. 1653g
12Section 1653g. 48.651 (1) (intro.) of the statutes, as affected by 1997
13Wisconsin Act .... (this act), is amended to read:
AB100-engrossed,793,2314
48.651
(1) (intro.) Each county department shall certify, according to the
15standards adopted by the department of workforce development under s. 49.155 (1d),
16each day care provider reimbursed for child care services provided to families
17determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider
18is a day care center licensed under s. 48.65 or is established or contracted for under
19s. 120.13 (14). Each county may charge a fee to cover the costs of certification.
To
20be certified under this section, a person must meet the minimum requirements for
21certification established by the department of workforce development under s.
2249.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified
23in this section. The county shall certify the following categories of day care providers:
AB100-engrossed,794,5
148.651
(1) (a) Level I certified family day care providers, as established by the
2department
under s. 46.03 (21) of workforce development under s. 49.155 (1d). No
3county may certify a provider under this paragraph if the provider is a relative of all
4of the children for whom he or she provides care.
The department may establish by
5rule other requirements for certification under this paragraph.
AB100-engrossed,794,117
48.651
(1) (b) Level II certified family day care providers, as established by the
8department
under s. 46.03 (21). In establishing the requirements for certification
9under this paragraph, the department may not include a requirement for training
10for providers. The department may establish by rule requirements for certification
11under this paragraph of workforce development, under s. 49.155 (1d).
AB100-engrossed,794,1614
48.651
(2m) Each county department shall provide the department with
15information about each person who is denied certification for a reason specified in
16s. 48.685 (2) (a) 1. to 5.
AB100-engrossed,795,918
48.66
(1) The department shall license and supervise child welfare agencies,
19as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
20as required by s.
48.48 938.22, and day care centers, as required by s. 48.65. The
21department may license foster homes or treatment foster homes, as provided by s.
2248.62, and may license and supervise county departments in accordance with the
23procedures specified in this section and in ss. 48.67 to 48.74. The department of
24corrections may license a child welfare agency to operate a secured child caring
25institution, as defined in s. 938.02 (15g), for holding in secure custody children who
1have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d),
2(4h) or (4m) and referred to the child welfare agency by the court or the department
3of corrections and to provide supervision, care and maintenance for those children.
4A license issued under this subsection, other than a license to operate a foster home,
5treatment foster home or secured child caring institution, is valid until revoked or
6suspended. A license issued under this subsection to operate a foster home,
7treatment foster home or secured child caring institution may be for any term not to
8exceed 2 years from the date of issuance. No license issued under this subsection is
9transferrable.
AB100-engrossed,796,212
48.66
(5) A child welfare agency, group home, day care center or shelter care
13facility license, other than a probationary license, is valid until revoked or
14suspended, but shall be reviewed every 2 years after the date of issuance as provided
15in this subsection. At least 30 days prior to the continuation date of the license, the
16licensee shall submit to the department an application for continuance of the license
17in the form and containing the information that the department requires. If the
18minimum requirements for a license established under s. 48.67 are met, the
19application is approved, the applicable fee referred to in s. 48.68 (1) is paid, any
20forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for
21a day care center, the fee under s. 48.65 (1m) (j) is paid, the department shall continue
22the license for an additional 2-year period, unless sooner suspended or revoked. If
23the application is not timely filed, the department shall issue a warning to the
24licensee. If the licensee fails to apply for continuance of the license within 30 days
1after receipt of the warning, the department may revoke the license as provided in
2s. 48.715 (4) and (4m) (b).
AB100-engrossed, s. 1661d
3Section 1661d. 48.66 (5) of the statutes, as affected by 1997 Wisconsin Act ....
4(this act), is amended to read:
AB100-engrossed,796,195
48.66
(5) A child welfare agency, group home, day care center or shelter care
6facility license, other than a probationary license, is valid until revoked or
7suspended, but shall be reviewed every 2 years after the date of issuance as provided
8in this subsection. At least 30 days prior to the continuation date of the license, the
9licensee shall submit to the department an application for continuance of the license
10in the form and containing the information that the department requires. If the
11minimum requirements for a license established under s. 48.67 are met, the
12application is approved, the applicable
fee fees referred to in
s. 48.68 (1) is paid, ss.
1348.68 (1) and 48.685 (8) are paid and any forfeiture under s. 48.715 (3) (a) or penalty
14under s. 48.76 that is due is paid
and, for a day care center, the fee under s. 48.65 (1m)
15(j) is paid, the department shall continue the license for an additional 2-year period,
16unless sooner suspended or revoked. If the application is not timely filed, the
17department shall issue a warning to the licensee. If the licensee fails to apply for
18continuance of the license within 30 days after receipt of the warning, the
19department may revoke the license as provided in s. 48.715 (4) and (4m) (b).
AB100-engrossed,797,5
2148.67 Rules governing child welfare agencies, day care centers, foster
22homes, treatment foster homes, group homes, shelter care facilities and
23county departments. The department shall promulgate rules establishing
24minimum requirements for the issuance of licenses to, and establishing standards
25for the operation of, child welfare agencies, day care centers, foster homes, treatment
1foster homes, group homes, shelter care facilities and county departments. These
2rules shall be designed to protect and promote the health, safety and welfare of the
3children in the care of all licensees. The department shall consult with the
4department of commerce and the department of
education
public instruction before
5promulgating these rules.
AB100-engrossed,797,217
48.68
(1) After receipt of an application for a license, the department shall
8investigate to determine if the applicant meets the minimum requirements for a
9license adopted by the department under s. 48.67. In determining whether to issue
10or continue a license, the department may consider any action by the applicant, or
11by an employe of the applicant, that constitutes a substantial failure by the applicant
12or employe to protect and promote the health, safety and welfare of a child. Upon
13satisfactory completion of this investigation and payment of the fee required under
14s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department
15shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under
16s. 48.69
or, if applicable, shall continue a license under s. 48.66 (5). At the time of
17initial licensure and license renewal, the department shall provide a foster home
18licensee with written information relating to the age-related monthly foster care
19rates and supplemental payments specified in s. 48.62 (4), including payment
20amounts, eligibility requirements for supplemental payments and the procedures for
21applying for supplemental payments.
AB100-engrossed, s. 1663d
22Section 1663d. 48.68 (1) of the statutes, as affected by 1997 Wisconsin Act ....
23(this act), is repealed and recreated to read:
AB100-engrossed,798,1424
48.68
(1) After receipt of an application for a license, the department shall
25investigate to determine if the applicant meets the minimum requirements for a
1license adopted by the department under s. 48.67 and meets the requirements
2specified in s. 48.685, if applicable. In determining whether to issue or continue a
3license, the department may consider any action by the applicant, or by an employe
4of the applicant, that constitutes a substantial failure by the applicant or employe
5to protect and promote the health, safety and welfare of a child. Upon satisfactory
6completion of this investigation and payment of the fee required under s. 48.615 (1)
7(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
8license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69 or,
9if applicable, shall continue a license under s. 48.66 (5). At the time of initial
10licensure and license renewal, the department shall provide a foster home licensee
11with written information relating to the age-related monthly foster care rates and
12supplemental payments specified in s. 48.62 (4), including payment amounts,
13eligibility requirements for supplemental payments and the procedures for applying
14for supplemental payments.
AB100-engrossed,798,1916
48.68
(2) Before
renewing continuing the license of any child welfare agency
17or group home, the department shall consider all formal complaints filed under s.
1848.745 (2) and the disposition of each during the
current license previous 2-year 19period.
AB100-engrossed,798,22
2148.685 Criminal history and child abuse record search. (1) In this
22section:
AB100-engrossed,798,2323
(a) "Client" means a child who receives services from an entity.
AB100-engrossed,799,424
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to
25provide care and maintenance for children, to place children for adoption or to license
1foster homes or treatment foster homes; a group home that is licensed under s.
248.625; a shelter care facility that is licensed under s. 938.22; a day care center that
3is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a
4day care provider that is certified under s. 48.651.
AB100-engrossed,799,65
(c) "Serious crime" has the meaning specified by the department by rule
6promulgated under sub. (7) (a).
AB100-engrossed,799,12
7(2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the
8department may not license a person to operate an entity or continue the license of
9a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a
10county department may not certify a day care provider under s. 48.651 and a school
11board may not contract with a person under s. 120.13 (14), if the department, county
12department or school board knows or should have known any of the following:
AB100-engrossed,799,1313
1. That the person has been convicted of a serious crime.
AB100-engrossed,799,1414
2. That the person has pending against him or her a charge for a serious crime.
AB100-engrossed,799,1715
3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
16made a finding that the person has abused or neglected any client or
17misappropriated the property of any client.
AB100-engrossed,799,1918
4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
19has abused or neglected a child.
AB100-engrossed,799,2220
5. That, in the case of a position for which the person must be credentialed by
21the department of regulation and licensing, the person's credential is not current or
22is limited so as to restrict the person from providing adequate care to a client.
AB100-engrossed,800,223
(ad) A county department may certify a day care provider under s. 48.651 and
24a school board may contract with a person under s. 120.13 (14), conditioned on the
1receipt of the information specified in par. (am) indicating that the person is not
2ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.
AB100-engrossed,800,73
(ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity
4may not hire or contract with a person who will be under the entity's control, as
5defined by the department by rule, and who is expected to have access to its clients,
6or permit to reside at the entity a person who is not a client and who is expected to
7have access to a client, if the entity knows or should have known any of the following:
AB100-engrossed,800,88
1. That the person has been convicted of a serious crime.