AB100,734,215
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
16948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or
17of a violation of the law of any other state or federal law that would be a violation of
18ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
19or 948.70, if committed in this state, except that
the
a county department
or, in a
20county having a population of 500,000 or more, the department of health and family
21services may make payments to a person applying for payments under sub. (3m) and
22a person receiving payments under sub. (3m) may employ in a position in which the
23person would have regular contact with the child for whom those payments are being
24made or permit to be an adult resident a person who has been convicted of a violation
25of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal
1law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state,
2if that violation occurred 20 years or more before the date of the investigation.
AB100, s. 1627
3Section
1627. 48.57 (3p) (i) of the statutes is amended to read:
AB100,734,84
48.57
(3p) (i)
The A county department
and, in a county having a population
5of 500,000 or more, the department of health and family services shall keep
6confidential all information received under this subsection from the department of
7justice or the federal bureau of investigation. Such information is not subject to
8inspection or copying under s. 19.35.
AB100, s. 1628
9Section
1628. 48.57 (3p) (j) of the statutes is amended to read:
AB100,734,1310
48.57
(3p) (j)
The A county department
or, in a county having a population of
11500,000 or more, the department of health and family services may charge a fee for
12conducting a background investigation under this subsection. The fee may not
13exceed the reasonable cost of conducting the investigation.
AB100, s. 1629
14Section
1629. 48.58 (1) (b) of the statutes is amended to read:
AB100,734,1715
48.58
(1) (b) Provide care for children in need of protection or services, and
16delinquent juveniles referred by the county department
under s. 46.215, if the
17delinquent juveniles are placed in separate facilities;
AB100, s. 1630
18Section
1630. 48.59 (1) of the statutes is amended to read:
AB100,735,719
48.59
(1) The county department
or, in a county having a population of 500,000
20or more, the department or an agency under contract with the department shall
21investigate the personal and family history and environment of any child transferred
22to its legal custody or placed under its supervision under s. 48.345 and make any
23physical or mental examinations of the child considered necessary to determine the
24type of care necessary for the child. The county department
, department or agency 25shall screen a child who is examined under this subsection to determine whether the
1child is in need of special treatment or care because of alcohol or other drug abuse,
2mental illness or severe emotional disturbance. The county department
, department
3or agency shall keep a complete record of the information received from the court, the
4date of reception, all available data on the personal and family history of the child,
5the results of all tests and examinations given the child and a complete history of all
6placements of the child while in the legal custody or under the supervision of the
7county department
, department or agency.
AB100, s. 1631
8Section
1631. 48.60 (1) of the statutes is amended to read:
AB100,735,189
48.60
(1) No person may receive children, with or without transfer of legal
10custody, to provide care and maintenance for 75 days in any consecutive 12 months'
11period for 4 or more such children at any one time unless that person obtains a license
12to operate a child welfare agency from the department. To obtain a license under this
13subsection to operate a child welfare agency, a person must meet the minimum
14requirements for a license established by the department under s. 48.67 and pay the
15applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this
16subsection is valid
for 2 years after the date of issuance, unless sooner revoked or
17suspended until revoked or suspended, but shall be reviewed every 2 years as
18provided in s. 48.66 (5).
AB100, s. 1632
19Section
1632. 48.60 (2) (c) of the statutes is amended to read:
AB100,735,2120
48.60
(2) (c) A public agency
other than a county that has established a child
21caring institution under s. 938.22;
AB100, s. 1633
22Section
1633. 48.60 (3) of the statutes is amended to read:
AB100,736,623
48.60
(3) Before issuing
or continuing any license to a child welfare agency
24under this section, the department of health and family services shall review the
25need for the additional placement resources that would be made available by
the
1licensing or
relicensing continuing the license of any child welfare agency after
2August 5, 1973, providing care authorized under s. 48.61 (3). Neither the
3department of health and family services nor the department of corrections may
4make any placements to any child welfare agency where the departmental review
5required under this subsection has failed to indicate the need for the additional
6placement resources.
AB100, s. 1634
7Section
1634. 48.615 (1) (a) of the statutes is amended to read:
AB100,736,128
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
9a child welfare agency that regularly provides care and maintenance for children
10within the confines of its building, the child welfare agency must pay to the
11department a biennial fee of
$100 $110, plus a biennial fee of
$15 $16.50 per child,
12based on the number of children that the child welfare agency is licensed to serve.
AB100, s. 1635
13Section
1635. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
14.... (this act), is repealed and recreated to read:
AB100,736,1915
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
16a child welfare agency that regularly provides care and maintenance for children
17within the confines of its building, the child welfare agency must pay to the
18department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on
19the number of children that the child welfare agency is licensed to serve.
AB100, s. 1636
20Section
1636. 48.615 (1) (b) of the statutes is amended to read:
AB100,736,2421
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
$210 $231.
AB100, s. 1637
1Section
1637. 48.615 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB100,737,63
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
4a child welfare agency that places children in licensed foster homes, licensed
5treatment foster homes and licensed group homes, the child welfare agency must pay
6to the department a biennial fee of $254.10
AB100, s. 1638
7Section
1638. 48.615 (1) (c) of the statutes is amended to read:
AB100,737,108
48.615
(1) (c) A child welfare agency that wishes to
renew continue a license
9issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the
10renewal continuation date of the license.
AB100, s. 1639
11Section
1639. 48.615 (2) of the statutes is amended to read:
AB100,737,1712
48.615
(2) A child welfare agency that wishes to
renew continue a license issued
13under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by
14the
renewal continuation date of the license or a new child welfare agency that fails
15to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the
16child welfare agency shall pay an additional fee of $5 per day for every day after the
17deadline that the agency fails to pay the fee.
AB100, s. 1640
18Section
1640. 48.625 (1) of the statutes is amended to read:
AB100,738,219
48.625
(1) Any person who receives, with or without transfer of legal custody,
205 to 8 children, to provide care and maintenance for those children shall obtain a
21license to operate a group home from the department. To obtain a license under this
22subsection to operate a group home, a person must meet the minimum requirements
23for a license established by the department under s. 48.67 and pay the license fee
24under sub. (2). A license issued under this subsection is valid
for 2 years after the
1date of issuance, unless sooner revoked or suspended
until revoked or suspended, but
2shall be reviewed every 2 years as provided in s. 48.66 (5).
AB100, s. 1641
3Section
1641. 48.625 (2) (a) of the statutes is amended to read:
AB100,738,104
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
5group home, the group home must pay to the department a biennial fee of
$100 $110,
6plus a biennial fee of
$15 $16.50 per child, based on the number of children that the
7group home is licensed to serve. A group home that wishes to
renew continue a
8license issued under sub. (1) shall pay the fee under this paragraph by the
renewal 9continuation date of the license. A new group home shall pay the fee under this
10paragraph no later than 30 days before the opening of the group home.
AB100, s. 1642
11Section
1642. 48.625 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
12.... (this act), is repealed and recreated to read:
AB100,738,1913
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
14group home, the group home must pay to the department a biennial fee of $121, plus
15a biennial fee of $18.15 per child, based on the number of children that the group
16home is licensed to serve. A group home that wishes to continue a license issued
17under sub. (1) shall pay the fee under this paragraph by the continuation date of the
18license. A new group home shall pay the fee under this paragraph no later than 30
19days before the opening of the group home.
AB100, s. 1643
20Section
1643. 48.625 (2) (b) of the statutes is amended to read:
AB100,738,2521
48.625
(2) (b) A group home that wishes to
renew continue a license issued
22under sub. (1) and that fails to pay the fee under par. (a) by the
renewal continuation 23date of the license or a new group home that fails to pay the fee under par. (a) by 30
24days before the opening of the group home shall pay an additional fee of $5 per day
25for every day after the deadline that the group home fails to pay the fee.
AB100, s. 1644
1Section
1644. 48.627 (2) (a) of the statutes is amended to read:
AB100,739,92
48.627
(2) (a) Before the department, a county department or a licensed child
3welfare agency may issue
or, renew
or continue a foster home, treatment foster home
4or family-operated group home license, the licensing agency shall require the
5applicant to furnish proof satisfactory to the licensing agency that he or she has
6homeowner's or renter's liability insurance that provides coverage for negligent acts
7or omissions by children placed in a foster home, treatment foster home or
8family-operated group home that result in bodily injury or property damage to 3rd
9parties.
AB100, s. 1645
10Section
1645. 48.65 (1) of the statutes is amended to read:
AB100,739,1811
48.65
(1) No person may for compensation provide care and supervision for 4
12or more children under the age of 7 for less than 24 hours a day unless that person
13obtains a license to operate a day care center from the department. To obtain a
14license under this subsection to operate a day care center, a person must meet the
15minimum requirements for a license established by the department under s. 48.67
16and pay the license fee under sub. (3). A license issued under this subsection is valid
17for 2 years after the date of issuance, unless sooner revoked or suspended until
18revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB100, s. 1646
19Section
1646. 48.65 (1m) (b) 2. of the statutes is amended to read:
AB100,740,220
48.65
(1m) (b) 2. The department of health and family services, with the
21assistance of the department of justice, shall conduct a background investigation of
22any person who, on July 1, 1996, is a day care provider licensed under this section
23or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for
24licensure or a contract offer pending, within 6 months after July 1, 1996, or on the
1person's application for license
continuation or contract renewal, whichever is
2earlier.
AB100, s. 1647
3Section
1647. 48.65 (1m) (b) 3. of the statutes is amended to read:
AB100,740,94
48.65
(1m) (b) 3. Subject to subd. 2., the department of health and family
5services may, at the time of
renewal continuation of the license or
renewal of the 6contract of a day care provider licensed under this section or contracted for under s.
7120.13 (14), or at any other time that the department considers to be appropriate,
8conduct, with the assistance of the department of justice, a background investigation
9of that day care provider.
AB100, s. 1648
10Section
1648. 48.65 (1m) (c) 2. of the statutes is amended to read:
AB100,740,1711
48.65
(1m) (c) 2. The department of health and family services, with the
12assistance of the department of justice, shall conduct a background investigation of
13each adult resident of a person who, on July 1, 1996, is licensed under this section
14or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for
15licensure or a contract offer pending, within 6 months after that date or on the
16person's application for license
continuation or contract renewal, whichever is
17earlier.
AB100, s. 1649
18Section
1649. 48.65 (1m) (c) 3. of the statutes is amended to read:
AB100,741,219
48.65
(1m) (c) 3. Subject to subd. 2., the department of health and family
20services may, at the time of
renewal continuation of the license or
renewal of the 21contract of a day care provider licensed under this section or contracted for under s.
22120.13 (14) or at any other time that the department considers to be appropriate,
23conduct, with the assistance of the department of justice, a background investigation
24of any employe or prospective employe of the day care provider who has or would have
1regular contact with any child receiving day care from the day care provider or of any
2adult resident of the day care provider.
AB100, s. 1650
3Section
1650. 48.65 (3) (a) of the statutes is amended to read:
AB100,741,144
48.65
(3) (a) Before the department may issue a license under sub. (1) to a day
5care center that provides care and supervision for 4 to 8 children, the day care center
6must pay to the department a biennial fee of
$50
$55. Before the department may
7issue a license under sub. (1) to a day care center that provides care and supervision
8for 9 or more children, the day care center must pay to the department a biennial fee
9of
$25 $27.50, plus a biennial fee of
$7 $7.70 per child, based on the number of
10children that the day care center is licensed to serve. A day care center that wishes
11to
renew continue a license issued under sub. (1) shall pay the applicable fee under
12this paragraph by the
renewal continuation date of the license. A new day care
13center shall pay the applicable fee under this paragraph no later than 30 days before
14the opening of the day care center.
AB100, s. 1651
15Section
1651. 48.65 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
16.... (this act), is repealed and recreated to read:
AB100,742,217
48.65
(3) (a) Before the department may issue a license under sub. (1) to a day
18care center that provides care and supervision for 4 to 8 children, the day care center
19must pay to the department a biennial fee of $60.50. Before the department may
20issue a license under sub. (1) to a day care center that provides care and supervision
21for 9 or more children, the day care center must pay to the department a biennial fee
22of $30.25, plus a biennial fee of $8.47 per child, based on the number of children that
23the day care center is licensed to serve. A day care center that wishes to continue a
24license issued under sub. (1) shall pay the applicable fee under this paragraph by the
1continuation date of the license. A new day care center shall pay the applicable fee
2under this paragraph no later than 30 days before the opening of the day care center.
AB100, s. 1652
3Section
1652. 48.65 (3) (b) of the statutes is amended to read:
AB100,742,94
48.65
(3) (b) A day care center that wishes to
renew continue a license issued
5under par. (a) and that fails to pay the applicable fee under par. (a) by the
renewal 6continuation date of the license or a new day care center that fails to pay the
7applicable fee under par. (a) by 30 days before the opening of the day care center shall
8pay an additional fee of $5 per day for every day after the deadline that the group
9home fails to pay the fee.
AB100, s. 1653
10Section
1653. 48.651 (1) (intro.) of the statutes is amended to read:
AB100,742,1811
48.651
(1) (intro.) Each county department shall certify, according to the
12standards adopted by the department
of industry, labor and job development under
13s.
46.03 (21) 49.155 (1d), each day care provider reimbursed for child care services
14provided to families determined eligible under ss. 49.132 (2r) and (4) and 49.155
15(1m), unless the provider is a day care center licensed under s. 48.65 or is established
16or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs
17of certification. The county shall certify the following categories of day care
18providers:
AB100, s. 1654
19Section
1654. 48.651 (1) (a) of the statutes is amended to read:
AB100,742,2420
48.651
(1) (a) Level I certified family day care providers, as established by the
21department
under s. 46.03 (21) of industry, labor and job development under s.
2249.155 (1d). No county may certify a provider under this paragraph if the provider
23is a relative of all of the children for whom he or she provides care.
The department
24may establish by rule other requirements for certification under this paragraph.
AB100, s. 1655
25Section
1655. 48.651 (1) (b) of the statutes is amended to read:
AB100,743,5
148.651
(1) (b) Level II certified family day care providers, as established by the
2department
under s. 46.03 (21). In establishing the requirements for certification
3under this paragraph, the department may not include a requirement for training
4for providers. The department may establish by rule requirements for certification
5under this paragraph of industry, labor and job development, under s. 49.155 (1d).
AB100, s. 1656
6Section
1656. 48.66 (1) of the statutes is amended to read:
AB100,743,237
48.66
(1) The department shall license and supervise child welfare agencies,
8as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
9as required by s.
48.48 938.22, and day care centers, as required by s. 48.65. The
10department may license foster homes or treatment foster homes, as provided by s.
1148.62, and may license and supervise county departments in accordance with the
12procedures specified in this section and in ss. 48.67 to 48.74. The department of
13corrections may license a child welfare agency to operate a secured child caring
14institution, as defined in s. 938.02 (15g), for holding in secure custody children who
15have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d),
16(4h) or (4m) and referred to the child welfare agency by the court or the department
17of corrections and to provide supervision, care and maintenance for those children.
18A license issued under this subsection, other than a license to operate a foster home,
19treatment foster home or secured child caring institution, is valid until revoked or
20suspended. A license issued under this subsection to operate a foster home,
21treatment foster home or secured child caring institution may be for any term not to
22exceed 2 years from the date of issuance. No license issued under this subsection is
23transferrable.
AB100, s. 1657
24Section
1657. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act ....
25(this act), is repealed and recreated to read:
AB100,744,18
148.66
(1) Except as provided under s. 48.715 (6) and (7), the department shall
2license and supervise child welfare agencies, as required by s. 48.60, group homes,
3as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care
4centers, as required by s. 48.65. The department may license foster homes or
5treatment foster homes, as provided by s. 48.62, and may license and supervise
6county departments in accordance with the procedures specified in this section and
7in ss. 48.67 to 48.74. Except as provided under s. 48.715 (6), the department of
8corrections may license a child welfare agency to operate a secured child caring
9institution, as defined in s. 938.02 (15g), for holding in secure custody children who
10have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d),
11(4h) or (4m) and referred to the child welfare agency by the court or the department
12of corrections and to provide supervision, care and maintenance for those children.
13A license issued under this subsection, other than a license to operate a foster home,
14treatment foster home or secured child caring institution, is valid until revoked or
15suspended. A license issued under this subsection to operate a foster home,
16treatment foster home or secured child caring institution may be for any term not to
17exceed 2 years from the date of issuance. No license issued under this subsection is
18transferable.
AB100, s. 1658
19Section
1658. 48.66 (2) of the statutes is amended to read:
AB100,745,220
48.66
(2) The department shall prescribe application forms to be used by all
21applicants for licenses from it.
The application forms prescribed by the department
22shall require that the social security numbers of all applicants for a license to operate
23a child welfare agency, group home, shelter care facility or day care center who are
24individuals be provided and that the federal employer identification numbers of all
1applicants for a license to operate a child welfare agency, group home, shelter care
2facility or day care center who are not individuals be provided.
AB100, s. 1659
3Section
1659. 48.66 (2m) of the statutes is created to read:
AB100,745,114
48.66
(2m) (a) The department of health and family services shall require each
5applicant for a license under sub. (1) to operate a child welfare agency, group home,
6shelter care facility or day care center who is an individual to provide that
7department with his or her social security number, and shall require each applicant
8for a license under sub. (1) to operate a child welfare agency, group home, shelter care
9facility or day care center who is not an individual to provide that department with
10the person's federal employer identification number, when initially applying for or
11applying to continue the license.
AB100,745,1512
(am) The department of corrections shall require each applicant for a license
13under sub. (1) to operate a secured child caring institution who is an individual to
14provide that department with his or her social security number when initially
15applying for or applying to renew the license.
AB100,745,2316
(b) The department of health and family services may not issue or continue a
17license specified in par. (a), and the department of corrections may not issue or renew
18a license specified in par. (am), to or for an applicant who is an individual unless the
19applicant has provided his or her social security number to that department. The
20department of health and family services may not issue or continue a license
21specified in par. (a) to or for an applicant who is not an individual unless the applicant
22has provided the applicant's federal employer identification number to the
23department.
AB100,746,424
(c) The department of health and family services may not disclose any
25information obtained under par. (a) and the department of corrections may not
1disclose any information obtained under par. (am) to any person except to the
2department of revenue for the sole purpose of requesting certifications under s.
373.0301 or to the department of industry, labor and job development under s. 49.22
4(2m).
AB100, s. 1661
6Section
1661. 48.66 (5) of the statutes is repealed and recreated to read:
AB100,746,217
48.66
(5) A child welfare agency, group home, day care center or shelter care
8facility license, other than a probationary license, is valid until revoked or
9suspended, but shall be reviewed every 2 years after the date of issuance as provided
10in this subsection. At least 30 days prior to the continuation date of the license, the
11licensee shall submit to the department an application for continuance of the license
12in the form and containing the information that the department requires. If the
13minimum requirements for a license established under s. 48.67 are met, the
14application is approved, the applicable fee referred to in s. 48.68 (1) is paid, any
15forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for
16a day care center, the fee under s. 48.65 (1m) (j) is paid, the department shall continue
17the license for an additional 2-year period, unless sooner suspended or revoked. If
18the application is not timely filed, the department shall issue a warning to the
19licensee. If the licensee fails to apply for continuance of the license within 30 days
20after receipt of the warning, the department may revoke the license as provided in
21s. 48.715 (4) and (4m) (b).
AB100, s. 1662
22Section
1662. 48.67 of the statutes is amended to read:
AB100,747,7
2348.67 Rules governing child welfare agencies, day care centers, foster
24homes, treatment foster homes, group homes, shelter care facilities and
25county departments. The department shall promulgate rules establishing
1minimum requirements for the issuance of licenses to, and establishing standards
2for the operation of, child welfare agencies, day care centers, foster homes, treatment
3foster homes, group homes, shelter care facilities and county departments. These
4rules shall be designed to protect and promote the health, safety and welfare of the
5children in the care of all licensees. The department shall consult with the
6department of commerce and the department of
education
public instruction before
7promulgating these rules.
AB100, s. 1663
8Section
1663. 48.68 (1) of the statutes is amended to read:
AB100,747,239
48.68
(1) After receipt of an application for a license, the department shall
10investigate to determine if the applicant meets the minimum requirements for a
11license adopted by the department under s. 48.67. In determining whether to issue
12or continue a license, the department may consider any action by the applicant, or
13by an employe of the applicant, that constitutes a substantial failure by the applicant
14or employe to protect and promote the health, safety and welfare of a child. Upon
15satisfactory completion of this investigation and payment of the fee required under
16s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department
17shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under
18s. 48.69
or, if applicable, shall continue a license under s. 48.66 (5). At the time of
19initial licensure and license renewal, the department shall provide a foster home
20licensee with written information relating to the age-related monthly foster care
21rates and supplemental payments specified in s. 48.62 (4), including payment
22amounts, eligibility requirements for supplemental payments and the procedures for
23applying for supplemental payments.
AB100, s. 1664
24Section
1664. 48.68 (2) of the statutes is amended to read:
AB100,748,4
148.68
(2) Before
renewing
continuing the license of any child welfare agency
2or group home, the department shall consider all formal complaints filed under s.
348.745 (2) and the disposition of each during the
current license previous 2-year 4period.
AB100, s. 1665
5Section
1665. 48.69 of the statutes is amended to read:
AB100,748,20
648.69 Probationary licenses. If Except as provided under s. 48.715 (6) and
7(7), if any child welfare agency, shelter care facility, group home or day care center
8that has not been previously issued a license under s. 48.66 (1) applies for a license,
9meets the minimum requirements for a license established under s. 48.67 and pays
10the applicable fee referred to in s. 48.68 (1), the department shall issue a
11probationary license to that child welfare agency, shelter care facility, group home
12or day care center. A probationary license is valid for up to 6 months after the date
13of issuance unless renewed under this section or suspended or revoked under s.
1448.715. Before a probationary license expires, the department shall inspect the child
15welfare agency, shelter care facility, group home or day care center holding the
16probationary license and,
except as provided under s. 48.715 (6) and (7), if the child
17welfare agency, shelter care facility, group home or day care center meets the
18minimum requirements for a license established under s. 48.67, the department
19shall issue a license under s. 48.66 (1). A probationary license issued under this
20section may be renewed for one 6-month period.