AB100: Bill Text Engrossed

AB100-engrossed,796,19 48.66 (5) A child welfare agency, group home, day care center or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under s. 48.67 are met, the application is approved, the applicable fee fees referred to in s. 48.68 (1) is paid, ss. 48.68 (1) and 48.685 (8) are paid and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for a day care center, the fee under s. 48.65 (1m) (j) is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 48.715 (4) and (4m) (b).

AB100-engrossed, s. 1662 Section 1662. 48.67 of the statutes is amended to read:

AB100-engrossed,797,5 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 commerce and the department of education public instruction before promulgating these rules.

AB100-engrossed, s. 1663 Section 1663. 48.68 (1) of the statutes is amended to read:

AB100-engrossed,797,21 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. In determining whether to issue or continue 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. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

AB100-engrossed, s. 1663d Section 1663d. 48.68 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-engrossed,798,14 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 and meets the requirements specified in s. 48.685, if applicable. In determining whether to issue or continue 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. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

AB100-engrossed, s. 1664 Section 1664. 48.68 (2) of the statutes is amended to read:

AB100-engrossed,798,19 48.68 (2) Before renewing continuing the license of any child welfare agency or group home, the department shall consider all formal complaints filed under s. 48.745 (2) and the disposition of each during the current license previous 2-year period.

AB100-engrossed, s. 1664d Section 1664d. 48.685 of the statutes is created to read:

AB100-engrossed,798,22 48.685 Criminal history and child abuse record search. (1) In this section:

AB100-engrossed,798,23 (a) "Client" means a child who receives services from an entity.

AB100-engrossed,799,4 (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day care provider that is certified under s. 48.651.

AB100-engrossed,799,6 (c) "Serious crime" has the meaning specified by the department by rule promulgated under sub. (7) (a).

AB100-engrossed,799,12 (2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license a person to operate an entity or continue the license of a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a county department may not certify a day care provider under s. 48.651 and a school board may not contract with a person under s. 120.13 (14), if the department, county department or school board knows or should have known any of the following:

AB100-engrossed,799,13 1. That the person has been convicted of a serious crime.

AB100-engrossed,799,14 2. That the person has pending against him or her a charge for a serious crime.

AB100-engrossed,799,17 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

AB100-engrossed,799,19 4. That a determination has been made under s. 48.981 (3) (c) 4. that the person has abused or neglected a child.

AB100-engrossed,799,22 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB100-engrossed,800,2 (ad) A county department may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in par. (am) indicating that the person is not ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.

AB100-engrossed,800,7 (ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:

AB100-engrossed,800,8 1. That the person has been convicted of a serious crime.

AB100-engrossed,800,9 2. That the person has pending against him or her a charge for a serious crime.

AB100-engrossed,800,12 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

AB100-engrossed,800,14 4. That a determination has been made under s. 48.981 (3) (c) 4. that the person has abused or neglected a child.

AB100-engrossed,800,17 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB100-engrossed,800,20 (am) Subject to subd. 5., the department, a county department or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.):

AB100-engrossed,800,22 1. A criminal history search from the records maintained by the department of justice.

AB100-engrossed,800,24 2. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person.

AB100-engrossed,801,2 3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.

AB100-engrossed,801,4 4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.

AB100-engrossed,801,14 5. Information maintained by the department under this section, under section 48.651 (2m) and under s. 120.13 (14) regarding any denial to the person of a license, continuation of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation of a license, certification, a contract, employment or permission to reside as described in this subdivision, the department, a county department or a school board need not obtain the information specified in subds. 1. to 4.

AB100-engrossed,801,16 (b) 1. Subject to subds. 1. e., 2. and 3., every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.):

AB100-engrossed,801,18 a. A criminal history search from the records maintained by the department of justice.

AB100-engrossed,801,20 b. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person.

AB100-engrossed,801,22 c. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.

AB100-engrossed,801,24 d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.

AB100-engrossed,802,9 e. Information maintained by the department under this section, under section 48.651 (2m) and under s. 120.13 (14) regarding any denial to the person of a license, continuation of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation of a license, certification, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

AB100-engrossed,802,13 2. Subdivision 1. does not apply with respect to a person with whom the entity contracts or whom the entity employs to perform infrequent or sporadic services, including maintenance services and other services that are not directly related to the care of a client.

AB100-engrossed,802,19 3. Subdivision 1. does not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

AB100-engrossed,803,3 (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.

AB100-engrossed,803,10 (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, school board or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.

AB100-engrossed,803,17 (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (b) 1. An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.

AB100-engrossed,803,21 (3) (a) Every 4 years or at any time within that period that the department, a county department or a school board considers appropriate, the department, county department or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity.

AB100-engrossed,803,24 (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.).

AB100-engrossed,804,5 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

AB100-engrossed,804,7 (4) An entity that violates sub. (2) or (3) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB100-engrossed,804,18 (5) The department may license to operate an entity, a county department may certify under s. 48.651 and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department, the county department or the school board by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB100-engrossed,804,19 (a) First-degree intentional homicide under s. 940.01.

AB100-engrossed,804,20 (b) First degree sexual assault under s. 940.225 (1).

AB100-engrossed,804,21 (c) First degree sexual assault of a child under s. 948.02 (1).

AB100-engrossed,804,24 (d) Second degree sexual assault of a child under s. 948.02 (2) if the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

AB100-engrossed,805,5 (e) Repeated acts of sexual assault of the same child under s. 948.025 if the child had not attained the age of 13, or if the child had attained the age of 13 and had not attained the age of 16 and the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

AB100-engrossed,805,10 (5c) (a) Any person who is permitted but fails under sub. (5) to demonstrate to the department that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB100-engrossed,805,15 (b) Any person who is permitted but fails under sub. (5) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under ch. 68.

AB100-engrossed,805,20 (c) Any person who is permitted but fails under sub. (5) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB100-engrossed,806,3 (5g) Beginning on the first January 1 after the effective date of this subsection .... [revisor inserts date], and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate to the department that they have been rehabilitated under sub. (5), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.

AB100-engrossed,806,12 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department, county department, school board or entity, substantially related to the care of a client.

AB100-engrossed,806,19 (6) (a) The department shall require any person who applies for issuance or continuation of a license to operate an entity, a county department shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.

AB100-engrossed,806,22 (am) Every 4 years an entity shall require all of the following persons to complete a background information form that is provided to the entity by the department:

AB100-engrossed,806,25 1. A person who is an employe, prospective employe, contractor or prospective contractor of the entity, who will be under the entity's control and who has, or is expected to have, access to its clients, other than a person specified in sub. (2) (b) 2.

AB100-engrossed,807,3 2. A person who is a resident or prospective resident at the entity and who is not a client or prospective client of the entity, if the person has, or is expected to have, access to any client of the entity.

AB100-engrossed,807,9 (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, the department, for persons specified in par. (am) 2., and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB100-engrossed,807,12 (c) A person who provides false information on a background information form required under this subsection may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB100-engrossed,807,13 (7) The department shall do all of the following:

AB100-engrossed,807,22 (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client and shall include classes of crimes or acts involving abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB100-engrossed,808,4 (b) Establish by rule a list of crimes or acts that are not included in the definition established under par. (a), that are substantially related to the care of clients and the commission of which warrants a less stringent measure than a bar on employment, residence or similar type of association with an entity. The rule shall be consistent with federal law and regulations and shall include a description of the measures to be taken for the crimes or acts that the department lists under this paragraph.

AB100-engrossed,808,8 (c) Conduct throughout the state periodic training sessions that cover criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.

AB100-engrossed,808,10 (d) Provide a background information form that requires the person completing the form to include his or her date of birth on the form.

AB100-engrossed,808,15 (8) The department, a county department or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB100-engrossed, s. 1664f Section 1664f. 48.685 (2) (ag) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,808,23 48.685 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who has, or is expected to have, access to its clients, or permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client, if the entity knows or should have known any of the following:

AB100-engrossed, s. 1667 Section 1667. 48.715 (3) (c) of the statutes is amended to read:

AB100-engrossed,808,25 48.715 (3) (c) Refusal to renew continue a license or a probationary license.

AB100-engrossed, s. 1668 Section 1668. 48.715 (4) (e) of the statutes is created to read:

AB100-engrossed,809,3 48.715 (4) (e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under s. 48.66 (5).

AB100-engrossed, s. 1669 Section 1669. 48.715 (4m) (b) of the statutes is amended to read:

AB100-engrossed,809,7 48.715 (4m) (b) For revocations under sub. (4) (b) or, (c) or (e), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation.

AB100-engrossed, s. 1673 Section 1673. 48.72 of the statutes is amended to read:

AB100-engrossed,809,19 48.72 Appeal procedure. Any person aggrieved by the department's refusal or failure to issue or, renew or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue or, renew or continue a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB100-engrossed, s. 1675 Section 1675. 48.735 of the statutes is amended to read:

AB100-engrossed,809,24 48.735 Immunization requirements; day care centers. The department, after notice to a day care center licensee, may suspend, revoke or refuse to renew continue a day care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.

AB100-engrossed, s. 1676 Section 1676. 48.737 of the statutes is amended to read:

AB100-engrossed,810,7 48.737 Lead screening, inspection and reduction requirements; day care centers. The department, after notice to a day care provider certified under s. 48.651, or a day care center that holds a license under s. 48.65 or a probationary license under s. 48.69, may suspend, revoke or refuse to renew or continue a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168 or 254.172.

AB100-engrossed, s. 1678 Section 1678. 48.75 (title) of the statutes is amended to read:

AB100-engrossed,810,11 48.75 (title) Foster homes and treatment foster homes licensed by county departments public licensing agencies and by child welfare agencies.

AB100-engrossed, s. 1679 Section 1679. 48.75 (1) of the statutes is renumbered 48.75 (1d) and amended to read:

AB100-engrossed,810,24 48.75 (1d) Child welfare agencies, if licensed to do so by the department, and county departments public licensing agencies may license foster homes and treatment foster homes under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. 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 public licensing agency 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.