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,808,2525
48.715
(3) (c) Refusal to
renew continue a license or a probationary license.
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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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,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.
AB100-engrossed,815,2422
48.981
(2m) (b) 2. "Health care service" means family planning services,
as
23defined in s. 253.07 (1) (b), 1995 stats., pregnancy testing, obstetrical health care or
24screening, diagnosis and treatment for a sexually transmitted disease.
AB100-engrossed,816,14
148.981
(3) (a)
Referral of report. A person required to report under sub. (2) shall
2immediately inform, by telephone or personally, the county department
or, in a
3county having a population of 500,000 or more, the department or a licensed child
4welfare agency under contract with the department or the sheriff or city, village or
5town police department of the facts and circumstances contributing to a suspicion of
6child abuse or neglect or to a belief that abuse or neglect will occur. The sheriff or
7police department shall within 12 hours, exclusive of Saturdays, Sundays or legal
8holidays, refer to the county department
or, in a county having a population of
9500,000 or more, the department or a licensed child welfare agency under contract
10with the department all cases reported to it. The county department
, department
11or licensed child welfare agency may require that a subsequent report be made in
12writing. Each county department
, the department and a licensed child welfare
13agency under contract with the department shall adopt a written policy specifying
14the kinds of reports it will routinely report to local law enforcement authorities.
AB100-engrossed,817,1616
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
17county department or licensed child welfare agency under contract with the county
18department agency shall, in accordance with the authority granted to the
19department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a),
20initiate a diligent investigation to determine if the child is in need of protection or
21services. The investigation shall be conducted in accordance with standards
22established by the department for conducting child abuse and neglect investigations.
23If the investigation is of a report of abuse or neglect or threatened abuse or neglect
24by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the
25child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not
1disclose who is suspected of the abuse or neglect and in which the investigation does
2not disclose who abused or neglected the child, the investigation shall also include
3observation of or an interview with the child, or both, and, if possible, an interview
4with the child's parents, guardian or legal custodian. If the investigation is of a
5report of abuse or neglect or threatened abuse or neglect by a caregiver who continues
6to reside in the same dwelling as the child, the investigation shall also include, if
7possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person
8making the investigation shall identify himself or herself and the
county department
9or licensed child welfare agency involved to the child's parents, guardian or legal
10custodian. The
county department or licensed child welfare agency under contract
11with the county department agency may contact, observe or interview the child at
12any location without permission from the child's parent, guardian or legal custodian
13if necessary to determine if the child is in need of protection or services, except that
14the person making the investigation may enter a child's dwelling only with
15permission from the child's parent, guardian or legal custodian or after obtaining a
16court order to do so.
AB100-engrossed,817,2418
48.981
(3) (c) 2. a. If the person making the investigation is an employe of the
19county department
or, in a county having a population of 500,000 or more, the
20department or a licensed child welfare agency under contract with the department 21and he or she determines that it is consistent with the child's best interest in terms
22of physical safety and physical health to remove the child from his or her home for
23immediate protection, he or she shall take the child into custody under s. 48.08 (2)
24or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.
AB100-engrossed,818,10
148.981
(3) (c) 3. If the county department
or, in a county having a population
2of 500,000 or more, the department or a licensed child welfare agency under contract
3with the department determines that a child, any member of the child's family or the
4child's guardian or legal custodian is in need of services, the county department
,
5department or licensed child welfare agency shall offer to provide appropriate
6services or to make arrangements for the provision of services. If the child's parent,
7guardian or legal custodian refuses to accept the services, the county department
,
8department or licensed child welfare agency may request that a petition be filed
9under s. 48.13 alleging that the child who is the subject of the report or any other child
10in the home is in need of protection or services.
AB100-engrossed,819,212
48.981
(3) (c) 4. The county department
or, in a county having a population of
13500,000 or more, the department or a licensed child welfare agency under contract
14with the department shall determine, within 60 days after receipt of a report,
15whether abuse or neglect has occurred or is likely to occur. The determination shall
16be based on a preponderance of the evidence produced by the investigation. A
17determination that abuse or neglect has occurred may not be based solely on the fact
18that the child's parent, guardian or legal custodian in good faith selects and relies on
19prayer or other religious means for treatment of disease or for remedial care of the
20child. In making a determination that emotional damage has occurred, the county
21department
or, in a county having a population of 500,000 or more, the department
22or a licensed child welfare agency under contract with the department shall give due
23regard to the culture of the subjects and shall establish that the person alleged to be
24responsible for the emotional damage is neglecting, refusing or unable for reasons
1other than poverty to remedy the harm. This subdivision does not prohibit a court
2from ordering medical services for the child if the child's health requires it.
AB100-engrossed,819,104
48.981
(3) (c) 5. The
county department and licensed child welfare agency
5under contract with the county department agency shall maintain a record of its
6actions in connection with each report it receives. The record shall include a
7description of the services provided to any child and to the parents, guardian or legal
8custodian of the child. The
county department and licensed child welfare agency
9under contract with the county department agency shall update the record every 6
10months until the case is closed.
AB100-engrossed,819,1612
48.981
(3) (c) 6. The
county department or licensed child welfare agency under
13contract with the county department agency shall, within 60 days after it receives
14a report from a person required under sub. (2) to report, inform the reporter what
15action, if any, was taken to protect the health and welfare of the child who is the
16subject of the report.
AB100-engrossed,820,1118
48.981
(3) (c) 6m. If a person who is not required under sub. (2) to report makes
19a report and is a relative of the child, other than the child's parent, that person may
20make a written request to the
county department or licensed child welfare agency
21under contract with the county department agency for information regarding what
22action, if any, was taken to protect the health and welfare of the child who is the
23subject of the report.
A county department or licensed child welfare An agency that
24receives a written request under this subdivision shall, within 60 days after it
25receives the report or 20 days after it receives the written request, whichever is later,
1inform the reporter in writing of what action, if any, was taken to protect the health
2and welfare of the child, unless a court order prohibits that disclosure, and of the duty
3to keep the information confidential under sub. (7) (e) and the penalties for failing
4to do so under sub. (7) (f). The
county department or licensed child welfare agency
5may petition the court ex parte for an order prohibiting that disclosure and, if the
6county department or licensed child welfare agency does so, the time period within
7which the information must be disclosed is tolled on the date the petition is filed and
8remains tolled until the court issues a decision. The court may hold an ex parte
9hearing in camera and shall issue an order granting the petition if the court
10determines that disclosure of the information would not be in the best interests of the
11child.