48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.
Note: Corrects word order.
Note: There is no conflict of substance. Section 48.415 (2) (b) 1. was renumbered to s. 48.415 (2) (a) 2. a. by
1997 Wis. Act 294.
Note: There is no conflict of substance. Section 48.415 (2) (b) 2. was renumbered to s. 48.415 (2) (a) 2. b. by
1997 Wis. Act 294.
Note: There is no conflict of substance. Section 48.415 (2) (c) was renumbered to s. 48.415 (2) (a) 3. by
1997 Wis. Act 294.
Note: There is no conflict of substance.
48.685 (2) (b) 1. (intro.) Subject to subds. 1. e.
and, 2., and 4. and par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:
Note: There is no conflict of substance.
48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency 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 and for all persons specified in par. sub. (2) (ag) (intro.) who are nonclient residents of an entity and shall request the information specified in sub. (2) (am) 1. to 5. for all persons under 18 years of age, but not under 12 years of age, who are employes, contractors or nonclient residents of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.
Note: Inserts correct cross-reference. There is no s. 48.685 (3) (ag). Section 48.685 (2) (ag) relates to nonclient residents of an entity.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary state superintendent of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary state superintendent or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.
Note: Corrects officer's title.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
32,121
Section
121. 48.715 (6) of the statutes is amended to read:
48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.
32,122
Section
122. 48.981 (3) (c) 1. of the statutes is amended to read:
48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. If the investigation is of a report of child abuse or neglect or of child threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian or legal custodian. The agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.
Note: Corrects word order.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
32,125
Section
125. 48.988 (6) (a) of the statutes is amended to read:
48.988 (6) (a) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
Note: Inserts necessary punctuation. The change is shown in the printed volumes.
32,126
Section
126. 49.124 (1m) (a) of the statutes is amended to read:
49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this subsection. Except as provided in pars. (b), and (bm) and (br), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position to participate in the employment and training program under this subsection.
NOTE: The creation of par. (br) was removed from
1997 Wis. Act 27 by the governor's partial veto.
32,127
Section
127. 49.143 (2m) (intro.) of the statutes is amended to read:
49.143 (2m) Nutrition outreach. (intro.) A Wisconsin works agency may establish a a nutrition outreach program with the community steering committee established under sub. (2) (a). The Wisconsin works agency and community steering committee may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:
Note: Deletes repeated unnecessary "a".
49.15 (3) (a) Unsubsidized employment, as defined in s. 49.147 (1) (a) (c).
NOTE: Section 49.147 (1) (a) was renumbered s. 49.147 (1) (c) by
1997 Wis. Act 27.
32,129
Section
129. 49.175 (1) (p) of the statutes is amended to read:
49.175 (1) (p) Indirect child care services. For indirect child care services under s. 49.131 (2) (b)
49.155 (1g), $6,002,400 in each fiscal year. Notwithstanding sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.
NOTE: Inserts correct cross-reference. Section 49.131 (2) (b) was renumbered s. 49.155 (1g) by
1997 Wis. Act 27.
Note: There is no conflict of substance.
Note: 1997 Wis. Act 191, section
39, renumbered s. 46.251 to s. 49.225. Act 191, section 65, created a different provision as s. 49.225.
32,132
Section
132. 49.27 (6) (c) of the statutes is amended to read:
49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 49.132 (1) (am), 1995 stats. The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this paragraph that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this paragraph.
Note: Section 49.132 does not apply after November 1, 1997, and was repealed by
1997 Wis. Act 252.
32,133
Section
133. 49.493 (1) (b) of the statutes is amended to read:
49.493 (1) (b) "Medical benefits or assistance" means medical benefits under s. 49.02, 49.046 or 253.05 or medical assistance.
49.665 (1) (b) "Dependent child" has the meaning given in s. 49.141 (1) (c).
Note: There is no conflict of substance.
49.857 (1) (d) 2. An approval specified in s. 29.09 (11m) 29.024 (2g).
Note: This bill renumbers s. 29.09 (11m) to s. 29.024 (2g).
49.857 (1) (d) 2m. A fishing approval issued under s. 29.138 29.229.
Note: Inserts correct cross-reference.
1997 Wis. Act 248 renumbered s. 29.138 to s. 29.229.
50.01 (2) "Nurse's assistant" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse's assistant" does not mean a person who is licensed, permitted, certified or registered under subch. X XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.
Note: Subch. X of ch. 440, as created by
1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.
32,139
Section
139. 50.035 (3) (a) of the statutes is amended to read:
50.035 (3) (a) The person responsible for managing a Class C community-based residential facility, or that person's agent, shall be present in the facility at any time that residents are in the facility. The person responsible for managing a Class A or a Class B community-based residential facility, or that person's agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents are in the facility and the person responsible for managing a Class B community-based residential facility, or that person's agent, shall be readily available to the residents of the facility from 7 a.m. to 7 p.m. In this subsection, "Class A, B and C community-based residential facilities" have the meanings provided in s. HSS 3.41 (1)
HFS 83.05,Wis. adm. code.
Note: Inserts the correct cross-reference. Section HSS 3.41, Wis. Adm. Code, was repealed and replaced by s. HFS 83.05, Wis. Adm. Code. There are no Class B facilities under s. HFS 83.05.
32,140
Section
140. 50.035 (9) of the statutes is amended to read:
50.035 (9) Notification to prospective residents of assessment requirement. Every community-based residential facility shall inform all prospective residents of the assessment requirements under ss. 46.27 (7) (cj) 3. and (11) (c) 5n. and 46.277 (3) (5) (d) 1n. for the receipt of funds under those sections.
NOTE: Inserts the correct cross-reference. There is no s. 46.277 (3) (d). Section 46.277 (5) (d) 1n. relates to community-based residential facility assessments.
50.04 (5) (a) 5. b. Except as provided in subd. 5. a., a nursing home that violates a statute or rule resulting in a class "A" or class "B" violation and that has received a notice of a class "A" or class "B" violation of the same statute or rule within the previous 3-year period may be subject to a forfeiture 3 times the amount authorized for the most recent class of violation involved.
Note: The underscored "a" was inserted by
1997 Wis. Act 280 without being underscored. The change was intended.
