AB100-engrossed,802,9
1e. Information maintained by the department under this section, under section
248.651 (2m) and under s. 120.13 (14) regarding any denial to the person of a license,
3continuation of a license, certification or a contract to operate an entity for a reason
4specified in par. (a) 1. to 5. and regarding any denial to the person of employment at,
5a contract with or permission to reside at an entity for a reason specified in par. (ag)
61. to 5. If the information obtained under this subd. 1. e. indicates that the person
7has been denied a license, continuation of a license, certification, a contract,
8employment or permission to reside as described in this subd. 1. e., the entity need
9not obtain the information specified in subd. 1. a. to d.
AB100-engrossed,802,1310 2. Subdivision 1. does not apply with respect to a person with whom the entity
11contracts or whom the entity employs to perform infrequent or sporadic services,
12including maintenance services and other services that are not directly related to the
13care of a client.
AB100-engrossed,802,1914 3. Subdivision 1. does not apply with respect to a person under 18 years of age
15whose background information form under sub. (6) (am) indicates that the person is
16not ineligible to be employed, contracted with or permitted to reside at the entity for
17a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise
18has no reason to believe that the person is ineligible to be employed, contracted with
19or permitted to reside at the entity for any of those reasons.
AB100-engrossed,803,320 (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a
21person for whom, within the last 4 years, the information required under par. (b) 1.
22a. to c. and e. has already been obtained, either by another entity or by a temporary
23employment agency, the entity may obtain the information required under par. (b)
241. a. to c. and e. from that other entity or temporary employment agency, which shall
25provide the information, if possible, to the entity. If an entity cannot obtain the

1information required under par. (b) 1. a. to c. and e. from another entity or from a
2temporary employment agency, the entity shall obtain that information from the
3sources specified in par. (b) 1. a. to c. and e.
AB100-engrossed,803,104 (bm) If the person who is the subject of the search under par. (am) or (b) 1. is
5not a resident of this state, or if at any time within the 3 years preceding the date of
6the search that person has not been a resident of this state, the department, county
7department, school board or entity shall make a good faith effort to obtain from any
8state in which the person is a resident or was a resident within the 3 years preceding
9the date of the search information that is equivalent to the information specified in
10par. (am) 1. or (b) 1. a.
AB100-engrossed,803,1711 (c) If the background information form completed by a person under sub. (6)
12(am) indicates that the person is not ineligible to be employed, contracted with or
13permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity
14may employ or contract with the person or permit the person to reside at the entity
15for not more than 60 days pending the receipt of the information sought under par.
16(b) 1. An entity shall provide supervision for a person who is employed, contracted
17with or permitted to reside as permitted under this paragraph.
AB100-engrossed,803,21 18(3) (a) Every 4 years or at any time within that period that the department, a
19county department or a school board considers appropriate, the department, county
20department or school board shall request the information specified in sub. (2) (am)
211. to 5. for all persons who are licensed, certified or contracted to operate an entity.
AB100-engrossed,803,2422 (b) Every 4 years or at any time within that period that an entity considers
23appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to
24e. for all persons specified in sub. (2) (ag) (intro.).
AB100-engrossed,804,5
1(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county
2department or a school board has obtained the information required under sub. (2)
3(am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person
4is also an employe, contractor or resident of an entity, the entity is not required to
5obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
AB100-engrossed,804,7 6(4) An entity that violates sub. (2) or (3) may be required to forfeit not more than
7$1,000 and may be subject to other sanctions specified by the department by rule.
AB100-engrossed,804,18 8(5) The department may license to operate an entity, a county department may
9certify under s. 48.651 and a school board may contract with under s. 120.13 (14) a
10person who otherwise may not be licensed, certified or contracted with for a reason
11specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to
12reside at the entity a person who otherwise may not be employed, contracted with
13or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the
14person demonstrates to the department, the county department or the school board
15by clear and convincing evidence and in accordance with procedures established by
16the department by rule that he or she has been rehabilitated. No person who has
17been convicted of any of the following offenses may be permitted to demonstrate that
18he or she has been rehabilitated:
AB100-engrossed,804,1919 (a) First-degree intentional homicide under s. 940.01.
AB100-engrossed,804,2020 (b) First degree sexual assault under s. 940.225 (1).
AB100-engrossed,804,2121 (c) First degree sexual assault of a child under s. 948.02 (1).
AB100-engrossed,804,2422 (d) Second degree sexual assault of a child under s. 948.02 (2) if the person was,
23at the time of the sexual contact or sexual intercourse, more than 4 years older than
24the child with whom the person had the sexual contact or sexual intercourse.
AB100-engrossed,805,5
1(e) Repeated acts of sexual assault of the same child under s. 948.025 if the child
2had not attained the age of 13, or if the child had attained the age of 13 and had not
3attained the age of 16 and the person was, at the time of the sexual contact or sexual
4intercourse, more than 4 years older than the child with whom the person had the
5sexual contact or sexual intercourse.
AB100-engrossed,805,10 6(5c) (a) Any person who is permitted but fails under sub. (5) to demonstrate to
7the department that he or she has been rehabilitated may appeal to the secretary of
8health and family services or his or her designee. Any person who is adversely
9affected by a decision of the secretary or his or her designee under this paragraph has
10a right to a contested case hearing under ch. 227.
AB100-engrossed,805,1511 (b) Any person who is permitted but fails under sub. (5) to demonstrate to the
12county department that he or she has been rehabilitated may appeal to the director
13of the county department or his or her designee. Any person who is adversely affected
14by a decision of the director or his or her designee under this paragraph has a right
15to appeal the decision under ch. 68.
AB100-engrossed,805,2016 (c) Any person who is permitted but fails under sub. (5) to demonstrate to the
17school board that he or she has been rehabilitated may appeal to the secretary of
18public instruction or his or her designee. Any person who is adversely affected by a
19decision of the secretary or his or her designee under this paragraph has a right to
20a contested case hearing under ch. 227.
AB100-engrossed,806,3 21(5g) Beginning on the first January 1 after the effective date of this subsection
22.... [revisor inserts date], and annually thereafter, the department shall submit a
23report to the legislature under s. 13.172 (2) that specifies the number of persons in
24the previous year who have requested to demonstrate to the department that they
25have been rehabilitated under sub. (5), the number of persons who successfully

1demonstrated that they have been rehabilitated under sub. (5) and the reasons for
2the success or failure of a person who has attempted to demonstrate that he or she
3has been rehabilitated.
AB100-engrossed,806,12 4(5m) Notwithstanding s. 111.335, the department may refuse to license a
5person to operate an entity, a county department may refuse to certify a day care
6provider under s. 48.651, a school board may refuse to contract with a person under
7s. 120.13 (14), and an entity may refuse to employ, contract with or permit to reside
8at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted
9of an offense that the department has not defined as a "serious crime" by rule
10promulgated under sub. (7) (a), or specified in the list established by rule under sub.
11(7) (b), but that is, in the estimation of the department, county department, school
12board or entity, substantially related to the care of a client.
AB100-engrossed,806,19 13(6) (a) The department shall require any person who applies for issuance or
14continuation of a license to operate an entity, a county department shall require any
15day care provider who applies for initial certification under s. 48.651 or for renewal
16of that certification and a school board shall require any person who proposes to
17contract with the school board under s. 120.13 (14) or to renew a contract under that
18subsection, to complete a background information form that is provided by the
19department.
AB100-engrossed,806,2220 (am) Every 4 years an entity shall require all of the following persons to
21complete a background information form that is provided to the entity by the
22department:
AB100-engrossed,806,2523 1. A person who is an employe, prospective employe, contractor or prospective
24contractor of the entity, who will be under the entity's control and who has, or is
25expected to have, access to its clients, other than a person specified in sub. (2) (b) 2.
AB100-engrossed,807,3
12. A person who is a resident or prospective resident at the entity and who is
2not a client or prospective client of the entity, if the person has, or is expected to have,
3access to any client of the entity.
AB100-engrossed,807,94 (b) For persons specified under par. (a) who are regulated, licensed or certified
5by, or registered with, the department, for persons specified in par. (am) 2., and for
6other persons specified by the department by rule, the entity shall send the
7background information form to the department. For all other persons specified in
8par. (a) and for persons specified under par. (am) 1., the entity shall maintain the
9background information form on file for inspection by the department.
AB100-engrossed,807,1210 (c) A person who provides false information on a background information form
11required under this subsection may be required to forfeit not more than $1,000 and
12may be subject to other sanctions specified by the department by rule.
AB100-engrossed,807,13 13(7) The department shall do all of the following:
AB100-engrossed,807,2214 (a) Establish by rule a definition of "serious crime" for the purpose of this
15section. The definition shall include only crimes or acts that are substantially related
16to the care of a client and shall include classes of crimes or acts involving abuse or
17neglect of a client for which no person who has committed any of those crimes or acts
18may be permitted to demonstrate under sub. (5) that he or she has been
19rehabilitated. The definition may also include other crimes or acts that do not
20involve abuse or neglect of a client but that are substantially related to the care of
21a client for which no person who committed any of those crimes or acts may be
22permitted to demonstrate under sub. (5) that he or she has been rehabilitated.
AB100-engrossed,808,423 (b) Establish by rule a list of crimes or acts that are not included in the
24definition established under par. (a), that are substantially related to the care of
25clients and the commission of which warrants a less stringent measure than a bar

1on employment, residence or similar type of association with an entity. The rule shall
2be consistent with federal law and regulations and shall include a description of the
3measures to be taken for the crimes or acts that the department lists under this
4paragraph.
AB100-engrossed,808,85 (c) Conduct throughout the state periodic training sessions that cover criminal
6background investigations; reporting and investigating misappropriation of
7property or abuse or neglect of a client; and any other material that will better enable
8entities to comply with the requirements of this section.
AB100-engrossed,808,109 (d) Provide a background information form that requires the person completing
10the form to include his or her date of birth on the form.
AB100-engrossed,808,15 11(8) The department, a county department or a school board may charge a fee
12for obtaining the information required under sub. (2) (am) or (3) (a). The fee may not
13exceed the reasonable cost of obtaining the information. No fee may be charged to
14a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining
15information if to do so would be inconsistent with federal law.
AB100-engrossed, s. 1664f 16Section 1664f. 48.685 (2) (ag) (intro.) of the statutes, as created by 1997
17Wisconsin Act .... (this act), is amended to read:
AB100-engrossed,808,2318 48.685 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in
19sub. (5), an entity may not hire employ or contract with a person who will be under
20the entity's control, as defined by the department by rule, and who has, or is expected
21to have, access to its clients, or permit to reside at the entity a person who is not a
22client and who has, or is expected to have, access to a client, if the entity knows or
23should have known any of the following:
AB100-engrossed, s. 1667 24Section 1667. 48.715 (3) (c) of the statutes is amended to read:
AB100-engrossed,808,2525 48.715 (3) (c) Refusal to renew continue a license or a probationary license.
AB100-engrossed, s. 1668
1Section 1668. 48.715 (4) (e) of the statutes is created to read:
AB100-engrossed,809,32 48.715 (4) (e) The licensee has failed to apply for a continuance of the license
3within 30 days after receipt of the warning under s. 48.66 (5).
AB100-engrossed, s. 1669 4Section 1669. 48.715 (4m) (b) of the statutes is amended to read:
AB100-engrossed,809,75 48.715 (4m) (b) For revocations under sub. (4) (b) or, (c) or (e), the department
6may revoke the license or probationary license immediately upon written notice to
7the licensee of the revocation and the grounds for revocation.
AB100-engrossed, s. 1673 8Section 1673. 48.72 of the statutes is amended to read:
AB100-engrossed,809,19 948.72 Appeal procedure. Any person aggrieved by the department's refusal
10or failure to issue or, renew or continue a license or by any action taken by the
11department under s. 48.715 has the right to an administrative hearing provided for
12contested cases in ch. 227. To receive an administrative hearing under ch. 227, the
13aggrieved person shall send to the department a written request for a hearing under
14s. 227.44 within 10 days after the date of the department's refusal or failure to issue
15or, renew or continue a license or the department's action taken under s. 48.715. The
16department shall hold an administrative hearing under s. 227.44 within 30 days
17after receipt of the request for the administrative hearing unless the aggrieved
18person consents to an extension of that time period. Judicial review of the
19department's decision may be had as provided in ch. 227.
AB100-engrossed, s. 1675 20Section 1675. 48.735 of the statutes is amended to read:
AB100-engrossed,809,24 2148.735 Immunization requirements; day care centers. The department,
22after notice to a day care center licensee, may suspend, revoke or refuse to renew
23continue a day care center license in any case in which the department finds that
24there has been a substantial failure to comply with the requirements of s. 252.04.
AB100-engrossed, s. 1676 25Section 1676. 48.737 of the statutes is amended to read:
AB100-engrossed,810,7
148.737 Lead screening, inspection and reduction requirements; day
2care centers.
The department, after notice to a day care provider certified under
3s. 48.651, or a day care center that holds a license under s. 48.65 or a probationary
4license under s. 48.69, may suspend, revoke or refuse to renew or continue a license
5or certification in any case in which the department finds that there has been a
6substantial failure to comply with any rule promulgated under s. 254.162, 254.168
7or 254.172.
AB100-engrossed, s. 1678 8Section 1678. 48.75 (title) of the statutes is amended to read:
AB100-engrossed,810,11 948.75 (title) Foster homes and treatment foster homes licensed by
10county departments public licensing agencies and by child welfare
11agencies.
AB100-engrossed, s. 1679 12Section 1679. 48.75 (1) of the statutes is renumbered 48.75 (1d) and amended
13to read:
AB100-engrossed,810,2414 48.75 (1d) Child welfare agencies, if licensed to do so by the department, and
15county departments public licensing agencies may license foster homes and
16treatment foster homes under the rules promulgated by the department under s.
1748.67 governing the licensing of foster homes and treatment foster homes. A foster
18home or treatment foster home license shall be issued for a term not to exceed 2 years
19from the date of issuance, is not transferable and may be revoked by the child welfare
20agency or by the county department public licensing agency because the licensee has
21substantially and intentionally violated any provision of this chapter or of the rules
22of the department promulgated pursuant to s. 48.67 or because the licensee fails to
23meet the minimum requirements for a license. The licensee shall be given written
24notice of any revocation and the grounds therefor.
AB100-engrossed, s. 1680 25Section 1680. 48.75 (1b) of the statutes is created to read:
AB100-engrossed,811,2
148.75 (1b) In this section, "public licensing agency" means a county
2department or, in a county having a population of 500,000 or more, the department.
AB100-engrossed, s. 1681 3Section 1681. 48.75 (1g) (a) (intro.) of the statutes is amended to read:
AB100-engrossed,811,74 48.75 (1g) (a) (intro.) A county department public licensing agency may license
5a foster home only if the foster home is located in the county of the county department
6public licensing agency, except that a county department public licensing agency
7may license a foster home located in another county if any of the following applies:
AB100-engrossed, s. 1682 8Section 1682. 48.75 (1g) (a) 2. of the statutes is amended to read:
AB100-engrossed,811,129 48.75 (1g) (a) 2. A foster parent licensed by the county department public
10licensing agency
moves to the other county with a child who has been placed in the
11foster parent's home and the license will allow the foster parent to continue to care
12for that child.
AB100-engrossed, s. 1683 13Section 1683. 48.75 (1g) (a) 3. of the statutes is amended to read:
AB100-engrossed,811,1514 48.75 (1g) (a) 3. The county of the county department public licensing agency
15issuing the license and the county in which the foster home is located are contiguous.
AB100-engrossed, s. 1684 16Section 1684. 48.75 (1g) (a) 4. of the statutes is amended to read:
AB100-engrossed,811,1917 48.75 (1g) (a) 4. The county of the county department public licensing agency
18issuing the license has a population of 500,000 or more and the placement is for
19adoption under s. 48.833, 48.835 or 48.837.
AB100-engrossed, s. 1685 20Section 1685. 48.75 (1g) (c) (intro.) of the statutes is amended to read:
AB100-engrossed,812,421 48.75 (1g) (c) (intro.) No license may be issued under this subsection par. (a)
221., 2. or 3.
unless the county department public licensing agency issuing the license
23has notified the county department public licensing agency of the county in which
24the foster home will be located of its intent to issue the license and the 2 county
25departments
public licensing agencies have entered into a written agreement under

1this paragraph. A county department public licensing agency is not required to enter
2into any agreement under this paragraph allowing the county department public
3licensing agency
of another county to license a foster home within its jurisdiction.
4The written agreement shall include all of the following:
AB100-engrossed, s. 1686 5Section 1686. 48.75 (1g) (c) 1. of the statutes is amended to read:
AB100-engrossed,812,86 48.75 (1g) (c) 1. A statement that the county department public licensing
7agency
issuing the license is responsible for providing services to the child who is
8placed in the foster home, as specified in the agreement.
AB100-engrossed, s. 1687 9Section 1687. 48.75 (1g) (c) 2. of the statutes is amended to read:
AB100-engrossed,812,1210 48.75 (1g) (c) 2. A statement that the county department public licensing
11agency
issuing the license is responsible for the costs of the placement and any
12related costs, as specified in the agreement.
AB100-engrossed, s. 1688 13Section 1688. 48.75 (1g) (d) of the statutes is amended to read:
AB100-engrossed,812,2114 48.75 (1g) (d) If the county department public licensing agency issuing a
15license under this subsection par. (a) 1., 2. or 3. violates the agreement under par. (c),
16the county department public licensing agency of the county in which the foster home
17is located may terminate the agreement and, subject to ss. 48.357 and 48.64, require
18the county department public licensing agency that issued the license to remove the
19child from the foster home within 30 days after receipt, by the county department
20public licensing agency that issued the license, of notification of the termination of
21the agreement.
AB100-engrossed, s. 1689 22Section 1689. 48.75 (1r) of the statutes is amended to read:
AB100-engrossed,813,323 48.75 (1r) At the time of initial licensure and license renewal, the child welfare
24agency or county department public licensing agency issuing a license under sub. (1)
25(1d) or (1g) shall provide the licensee with written information relating to the

1age-related monthly foster care rates and supplemental payments specified in s.
248.62 (4), including payment amounts, eligibility requirements for supplemental
3payments and the procedures for applying for supplemental payments.
AB100-engrossed, s. 1690 4Section 1690. 48.75 (2) of the statutes is amended to read:
AB100-engrossed,813,85 48.75 (2) Any foster home or treatment foster home applicant or licensee of a
6county department public licensing agency or a child welfare agency may, if
7aggrieved by the failure to issue or renew its license or by revocation of its license,
8appeal as provided in s. 48.72.
AB100-engrossed, s. 1692 9Section 1692. 48.831 (4) (c) of the statutes is amended to read:
AB100-engrossed,813,1410 48.831 (4) (c) If the court finds that adoption is not in the child's best interest,
11the court shall order that the child be placed in the guardianship of the department
12and place the child in the custody of a county department or, in a county having a
13population of 500,000 or more, the department or an agency under contract with the
14department
.
AB100-engrossed, s. 1693 15Section 1693. 48.832 of the statutes is amended to read:
AB100-engrossed,814,5 1648.832 (title) Transfer of guardianship upon revocation of guardian's
17license
or contract. If the department revokes the license of a county department
18licensed under s. 48.57 (1) (e) or (hm) to accept guardianship, or of a child welfare
19agency licensed under s. 48.61 (5) to accept guardianship, or if the department
20terminates the contract of a county department licensed under s. 48.57 (1) (e) to
21accept guardianship,
the department shall file a motion in the court that appointed
22the guardian for each child in the guardianship of the county department or agency,
23requesting that the court transfer guardianship and custody of the child. The motion
24may specify a county department or child welfare agency that has consented to
25accept guardianship of the child. The court shall transfer guardianship and custody

1of the child either to the county department or child welfare agency specified in the
2motion or to another county department under s. 48.57 (1) (e) or (hm) or a child
3welfare agency under s. 48.61 (5) which consents to the transfer. If no county
4department or child welfare agency consents, the court shall transfer guardianship
5and custody of the child to the department.
AB100-engrossed, s. 1694 6Section 1694. 48.837 (4) (d) of the statutes is amended to read:
AB100-engrossed,814,117 48.837 (4) (d) May, at the request of a petitioning parent, or on its own motion
8after ordering the child taken into custody under s. 48.19 (1) (c), order the
9department or a county department under s. 48.57 (1) (e) or (hm) to place the child,
10pending the hearing on the petition, in any home licensed under s. 48.62 except the
11home of the proposed adoptive parents or a relative of the proposed adoptive parents.
AB100-engrossed, s. 1696 12Section 1696. 48.839 (4) (b) of the statutes is amended to read:
AB100-engrossed,814,1513 48.839 (4) (b) Shall transfer legal custody of the child to the department, in a
14county having a population of 500,000 or more, to
a county department or to a child
15welfare agency licensed under s. 48.60.
AB100-engrossed, s. 1697 16Section 1697. 48.88 (2) (c) of the statutes is amended to read:
AB100-engrossed,815,617 48.88 (2) (c) If a stepparent has filed a petition for adoption and no agency has
18guardianship of the child, the court shall order the department, in a county having
19a population of 500,000 or more, or
a county department or, with the consent of the
20department in a county having a population of less than 500,000 or a licensed child
21welfare agency, order the department or the child welfare agency to conduct a
22screening, consisting of no more than one interview with the petitioner and a check
23of the petitioner's background through public records, including records maintained
24by the department or any county department under s. 48.981. The department,
25county department or child welfare agency that conducts the screening shall file a

1report of the screening with the court within 30 days. After reviewing the report, the
2court may proceed to act on the petition, may order the department in a county
3having a population of 500,000 or more or
the county department to conduct an
4investigation as described under par. (a) (intro.) or may order the department in a
5county having a population of less than 500,000
or a licensed child welfare agency
6to make the investigation if the department or child welfare agency consents.
AB100-engrossed, s. 1699 7Section 1699. 48.93 (1d) of the statutes is amended to read:
AB100-engrossed,815,118 48.93 (1d) All records and papers pertaining to an adoption proceeding shall
9be kept in a separate locked file and may not be disclosed except under sub. (1g) or
10(1r), s. 46.03 (29), 48.432, 48.433, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the
11court for good cause shown.
AB100-engrossed, s. 1700 12Section 1700. 48.977 (4) (a) 6. of the statutes is amended to read:
AB100-engrossed,815,1513 48.977 (4) (a) 6. A county department under s. 46.22 or 46.23 or, if the child has
14been placed pursuant to an order under ch. 938, a county department under s.
1546.215, 46.22 or 46.23
.
AB100-engrossed, s. 1701 16Section 1701. 48.981 (1) (ag) of the statutes is created to read:
AB100-engrossed,815,2017 48.981 (1) (ag) "Agency" means a county department, the department in a
18county having a population of 500,000 or more or a licensed child welfare agency
19under contract with a county department or the department in a county having a
20population of 500,000 or more to perform investigations under this section.
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