AB133-ASA1-AA2,161,207
48.685
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
8department, a child welfare agency or a school board is not required to obtain the
9information specified in par. (am) 1. to 5., and an entity is not required to obtain the
10information specified in par. (b) 1. a. to e., with respect to a person under 18 years
11of age whose background information form under sub. (6) (am) indicates that the
12person is not ineligible to be employed, contracted with or permitted to reside at an
13entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to 5. and with respect to whom
14the department, county department, child welfare agency, school board or entity
15otherwise has no reason to believe that the person is ineligible to be employed,
16contracted with or permitted to reside at an entity for any of those reasons. This
17paragraph does not preclude the department, a county department, a child welfare
18agency or a school board from obtaining, at its discretion, the information specified
19in par. (am) 1. to 5. with respect to a person described in this paragraph who is a
20nonclient resident or a prospective nonclient resident of an entity.
AB133-ASA1-AA2,162,922
48.685
(2) (bg) If an entity
takes an action specified in par. (ag) (intro.) with
23respect to an employe, prospective employe, contractor or prospective contractor 24hires or contracts with a caregiver for whom, within the last 4 years, the information
25required under par. (b) 1. a. to c. and e. has already been obtained
, either by another
1entity
or by a temporary employment agency, the entity may obtain
the that 2information
required under par. (b) 1. a. to c. and e. from that other entity
or
3temporary employment agency, which shall provide the information, if possible, to
4the
requesting entity. If an entity cannot obtain the information required under par.
5(b) 1. a. to c. and e. from another entity
or from a temporary employment agency or
6if an entity has reasonable grounds to believe that any information obtained from
7another entity
or from a temporary employment agency is no longer accurate, the
8entity shall obtain that information from the sources specified in par. (b) 1. a. to c.
9and e.
AB133-ASA1-AA2, s. 1170n
10Section 1170n. 48.685 (2) (bg) of the statutes, as affected by 1999 Wisconsin
11Act .... (this act), is amended to read:
AB133-ASA1-AA2,162,2012
48.685
(2) (bg) If an entity
hires
employs or contracts with a caregiver for
13whom, within the last 4 years, the information required under par. (b) 1. a. to c. and
14e. has already been obtained by another entity, the entity may obtain that
15information from that other entity, which shall provide the information, if possible,
16to the requesting entity. If an entity cannot obtain the information required under
17par. (b) 1. a. to c. and e. from another entity or if an entity has reasonable grounds
18to believe that any information obtained from another entity is no longer accurate,
19the entity shall obtain that information from the sources specified in par. (b) 1. a. to
20c. and e.
AB133-ASA1-AA2,163,422
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
23or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding
24the date of the search that person has not been a resident of this state, the
25department, county department,
child welfare agency, school board or entity shall
1make a good faith effort to obtain from any state
or other United States jurisdiction 2in which the person is a resident or was a resident within the 3 years preceding the
3date of the search information that is equivalent to the information specified in par.
4(am) 1. or (b) 1. a.
AB133-ASA1-AA2, s. 1171g
5Section 1171g. 48.685 (2) (c) of the statutes is renumbered 48.685 (4m) (c) and
6amended to read:
AB133-ASA1-AA2,163,197
48.685
(4m) (c) If the background information form completed by a person
8under sub. (6) (am) indicates that the person is not ineligible to be employed or
9contracted with for a reason specified in par.
(ag)
(b) 1. to 5., an entity may employ
10or contract with the person for not more than 60 days pending the receipt of the
11information sought under
par. sub. (2) (am) 1. to 5. or (b) 1. If the background
12information form completed by a person under sub. (6) (am) indicates that the person
13is not ineligible to be permitted to reside at an entity for a reason specified in par.
(ag) 14(b) 1. to 5. and if an entity otherwise has no reason to believe that the person is
15ineligible to be permitted to reside at an entity for any of those reasons, the entity
16may permit the person to reside at the entity for not more than 60 days pending
17receipt of the information sought under
par. sub. (2) (am). An entity shall provide
18supervision for a person who is employed, contracted with or permitted to reside as
19permitted under this paragraph.
AB133-ASA1-AA2,163,2421
48.685
(2) (d) Every entity shall maintain, or shall contract with another
22person to maintain, the most recent background information obtained on a caregiver
23under par. (b). The information shall be made available for inspection by authorized
24persons, as defined by the department by rule.
AB133-ASA1-AA2,164,11
148.685
(3) (a) Every 4 years or at any time within that period that the
2department, a county department, a child welfare agency or a school board considers
3appropriate, the department, county department, child welfare agency or school
4board shall request the information specified in sub. (2) (am) 1. to 5. for all persons
5who are licensed, certified or contracted to operate an entity
and, for all persons
6specified in par. (ag) (intro.) who are nonclient residents of an entity and
shall
7request the information specified in sub. (2) (am) 1. to 5. for all persons under 18
8years of age, but not under 12 years of age, who are
employes, contractors or
9nonclient residents caregivers of a day care center that is licensed under s. 48.65 or
10established or contracted for under s. 120.13 (4) or of a day care provider that is
11certified under s. 48.651.
AB133-ASA1-AA2,164,2013
48.685
(3) (b) Every 4 years or at any time within that period that an entity
14considers appropriate, the entity shall request the information specified in sub. (2)
15(b) 1. a. to e. for all persons
specified in sub. (2) (ag) (intro.) employes or contractors 16who are caregivers of the entity other than persons
who are under 18 years of age,
17but not under 12 years of age
and, who are
employes, contractors or nonclient
18residents caregivers of a day care center that is licensed under s. 48.65 or established
19or contracted for under s. 120.13 (14) or of a day care provider that is certified under
20s. 48.651.
AB133-ASA1-AA2,165,322
48.685
(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
23county department, a child welfare agency or a school board has obtained the
24information required under sub. (2) (am) or (3) (a) with respect to a person
specified
25in sub. (2) (a) (intro.) who is a caregiver specified in sub. (1) (ag) 1. b. and that person
1is also an employe, contractor or nonclient resident of an entity, the entity is not
2required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect
3to that person.
AB133-ASA1-AA2,165,75
48.685
(4) An entity that violates sub. (2)
or, (3)
or (4m) (b) may be required to
6forfeit not more than $1,000 and may be subject to other sanctions specified by the
7department by rule.
AB133-ASA1-AA2, s. 1173j
8Section 1173j. 48.685 (4m) (b) (intro.) of the statutes, as affected by 1999
9Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-AA2,165,1310
48.685
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
11sub. (5), an entity may not
hire employ or contract with a caregiver or permit a
12nonclient resident to reside at the entity, if the entity knows or should have known
13any of the following:
AB133-ASA1-AA2,166,215
48.685
(5) (a) The department may license to operate an entity, a county
16department may certify under s. 48.651, a county department or a child welfare
17agency may license under s. 48.62 and a school board may contract with under s.
18120.13 (14) a person who otherwise may not be licensed, certified or contracted with
19for a reason specified in sub.
(2) (4m) (a) 1. to 5., and an entity may employ, contract
20with or permit to reside at the entity a person who otherwise may not be employed,
21contracted with or permitted to reside at the entity for a reason specified in sub.
(2)
22(ag) (4m) (b) 1. to 5., if the person demonstrates to the department, the county
23department, the child welfare agency or the school board
or, in the case of an entity
24that is located within the boundaries of a federally recognized American Indian
25reservation, to the tribal governing body of that reservation by clear and convincing
1evidence and in accordance with procedures established by the department by rule
2or by the tribal governing body that he or she has been rehabilitated.
AB133-ASA1-AA2,166,184
48.685
(5) (b) (intro.) For purposes other than licensing a foster home or
5treatment foster home, no person who has been convicted of any of the following
6offenses, and no person who is an applicant for issuance or continuation of a license
7to operate a day care center or for initial certification
as a day care provider under
8s. 48.651 or for renewal of that certification, who is proposing to contract with a school
9board under s. 120.13 (14) or to renew a contract under that subsection or who is
an
10employe, prospective employe, contractor, prospective contractor, nonclient resident
11or prospective a caregiver or nonclient resident of a day care center that is licensed
12under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
13provider that is certified under s. 48.651, and who has been convicted of any of the
14following offenses or adjudicated delinquent on or after his or her 12th birthday for
15committing any of the following offenses, may be permitted to demonstrate that he
16or she has been rehabilitated
until the later of at least 5 years after the date of that
17conviction or adjudication or at least 5 years after the date of the person's release
18from imprisonment, a secured juvenile facility or a commitment order:
AB133-ASA1-AA2,166,2523
48.685
(5d) (a) Any tribal governing body that chooses to conduct
24rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation
25review plan that includes all of the following:
AB133-ASA1-AA2,167,1
11. The criteria to be used to determine if a person has been rehabilitated.
AB133-ASA1-AA2,167,32
2. The title of the person or body designated by the tribe to whom a request for
3review must be made.
AB133-ASA1-AA2,167,54
3. The title of the person or body designated by the tribe to determine whether
5a person has been rehabilitated.
AB133-ASA1-AA2,167,86
4. The manner in which the tribe will submit information relating to a
7rehabilitation review to the department so that the department may include that
8information in its report to the legislature required under sub. (5g).
AB133-ASA1-AA2,167,119
5. A copy of the form to be used to request a review and a copy of the form on
10which a written decision is to be made regarding whether a person has demonstrated
11rehabilitation.
AB133-ASA1-AA2,167,1512
(b) The department shall approve or disapprove the plan under par. (a) within
1390 days after receiving the plan. If the department disapproves the plan, the tribe
14may, within 30 days after receiving notice of the disapproval, request that the
15secretary review the department's decision.
AB133-ASA1-AA2,168,1317
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
18a person to operate an entity, a county department or a child welfare agency may
19refuse to license a foster home or treatment foster home under s. 48.62, and an entity
20may refuse to
employ, hire or contract with
a caregiver or permit
a nonclient resident 21to reside at the entity
a person specified in sub. (2) (ag) (intro.) if the person has been
22convicted of an offense that
the department has not defined as a "serious crime" by
23rule promulgated under sub. (7) (a), or specified in the list established by rule under
24sub. (7) (b) is not a serious crime, but that is, in the estimation of the department,
25county department, child welfare agency
, or entity, substantially related to the care
1of a client. Notwithstanding s. 111.335, the department may refuse to license a
2person to operate a day care center, a county department may refuse to certify a day
3care provider under s. 48.651, a school board may refuse to contract with a person
4under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established
5or contracted for under s. 120.13 (14) and a day care provider that is certified under
6s. 48.651 may refuse to
employ, hire or contract with
a caregiver or permit
a nonclient
7resident to reside at the day care center or day care provider
a person specified in sub.
8(2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or
9after his or her 12th birthday for an offense that
the department has not defined as
10a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list
11established by rule under sub. (7) (b) is not a serious crime, but that is, in the
12estimation of the department, county department, school board, day care center or
13day care provider
, substantially related to the care of a client.
AB133-ASA1-AA2, s. 1176g
14Section 1176g. 48.685 (5m) of the statutes, as affected by 1999 Wisconsin Act
15.... (this act), is amended to read:
AB133-ASA1-AA2,169,816
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
17a person to operate an entity, a county department or a child welfare agency may
18refuse to license a foster home or treatment foster home under s. 48.62, and an entity
19may refuse to
hire employ or contract with a caregiver or permit a nonclient resident
20to reside at the entity if the person has been convicted of an offense that is not a
21serious crime, but that is, in the estimation of the department, county department,
22child welfare agency or entity, substantially related to the care of a client.
23Notwithstanding s. 111.335, the department may refuse to license a person to
24operate a day care center, a county department may refuse to certify a day care
25provider under s. 48.651, a school board may refuse to contract with a person under
1s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or
2contracted for under s. 120.13 (14) and a day care provider that is certified under s.
348.651 may refuse to
hire employ or contract with a caregiver or permit a nonclient
4resident to reside at the day care center or day care provider if the person has been
5convicted of or adjudicated delinquent on or after his or her 12th birthday for an
6offense that is not a serious crime, but that is, in the estimation of the department,
7county department, school board, day care center or day care provider, substantially
8related to the care of a client.
AB133-ASA1-AA2, s. 1177r
9Section 1177r. 48.685 (6) (am) (intro.) of the statutes is renumbered 48.685
10(6) (am) and amended to read:
AB133-ASA1-AA2,169,1311
48.685
(6) (am) Every 4 years an entity shall require all of
the following persons 12its caregivers and nonclient residents to complete a background information form
13that is provided to the entity by the department
:.
AB133-ASA1-AA2, s. 1179d
16Section 1179d. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1.
17and amended to read:
AB133-ASA1-AA2,170,218
48.685
(6) (b) 1. For
persons specified under par. (a) caregivers who are licensed
19by the department, for persons
specified in par. (am) 1. who are under 18 years of age,
20but not under 12 years of age,
and who are
employes, prospective employes,
21contractors or prospective contractors caregivers of a day care center that is licensed
22under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care
23provider that is certified under s. 48.651, for persons
specified in par. (am) 2. who are
24nonclient residents or prospective nonclient residents of an entity that is licensed by
1the department, and for other persons specified by the department by rule, the entity
2shall send the background information form to the department.
AB133-ASA1-AA2,170,7
32. For
persons specified under par. (a) caregivers who are licensed or certified
4by a county department, for persons
specified in par. (am) 2. who are
nonclient
5residents or prospective nonclient residents of an entity that is licensed or certified
6by a county department and for other persons specified by the department by rule,
7the entity shall send the background information form to the county department.
AB133-ASA1-AA2,170,12
83. For
persons specified under par. (a) caregivers who are licensed by a child
9welfare agency, for persons
specified in par. (am) 2. who are
nonclient residents or
10prospective nonclient residents of an entity that is licensed by a child welfare agency
11and for other persons specified by the department by rule, the entity shall send the
12background information form to the child welfare agency
AB133-ASA1-AA2,170,20
134. For
persons specified under par. (a) caregivers who are contracted with by
14a school board, for persons
specified in par. (am) 2. who are
nonclient residents or
15prospective nonclient residents of an entity that is contracted with by a school board
16and for other persons specified by the department by rule, the entity shall send the
17background information form to the school board.
For all other persons specified
18under par. (am) 1., the entity shall maintain the background information form on file
19for inspection by the department, county department, child welfare agency or school
20board, whichever is applicable.
AB133-ASA1-AA2,171,15
148.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7),
2if any child welfare agency, shelter care facility, group home or day care center that
3has not been previously issued a license under s. 48.66 (1)
(a) applies for a license,
4meets the minimum requirements for a license established under s. 48.67 and pays
5the applicable fee referred to in s. 48.68 (1), the department shall issue a
6probationary license to that child welfare agency, shelter care facility, group home
7or day care center. A probationary license is valid for up to 6 months after the date
8of issuance unless renewed under this section or suspended or revoked under s.
948.715. Before a probationary license expires, the department shall inspect the child
10welfare agency, shelter care facility, group home or day care center holding the
11probationary license and, except as provided under s. 48.715 (6) and (7), if the child
12welfare agency, shelter care facility, group home or day care center meets the
13minimum requirements for a license established under s. 48.67, the department
14shall issue a license under s. 48.66 (1)
(a). A probationary license issued under this
15section may be renewed for one 6-month period.
AB133-ASA1-AA2,171,1917
48.715
(1) In this section, "licensee" means a person who holds a license under
18s. 48.66 (1)
(a) or a probationary license under s. 48.69 to operate a child welfare
19agency, shelter care facility, group home or day care center.
AB133-ASA1-AA2,171,2421
48.715
(2) (a) That a person stop operating a child welfare agency, shelter care
22facility, group home or day care center if the child welfare agency, shelter care facility,
23group home or day care center is without a license in violation of s. 48.66 (1)
(a) or
24a probationary license in violation of s. 48.69.
AB133-ASA1-AA2,172,5
148.715
(2) (b) That a person who employs a person who has had a license under
2s. 48.66 (1)
(a) or a probationary license under s. 48.69 revoked within the previous
35 years terminate the employment of that person within 30 days after the date of the
4order. This paragraph includes employment of a person in any capacity, whether as
5an officer, director, agent or employe.
AB133-ASA1-AA2,172,117
48.715
(4) (intro.) If the department provides written notice of revocation and
8the grounds for revocation as provided in sub. (4m) and an explanation of the process
9for appealing a revocation under this subsection, the department may revoke a
10license issued under s. 48.66 (1)
(a) or a probationary license issued under s. 48.69
11for any of the following reasons:
AB133-ASA1-AA2,172,1613
48.715
(5) The department may deny a license under s. 48.66 (1)
(a) or a
14probationary license under s. 48.69 to any person who has had a license under s.
1548.66 (1)
(a) or a probationary license under s. 48.69 revoked within the previous 5
16years.
AB133-ASA1-AA2,173,718
48.715
(6) The department of health and family services shall deny, suspend,
19restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
(a) or a
20probationary license under s. 48.69 to operate a child welfare agency, group home
, 21shelter care facility or day care center, and the department of corrections shall deny,
22suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
23(b) to operate a secured child caring institution, for failure of the applicant or licensee
24to pay court-ordered payments of child or family support, maintenance, birth
25expenses, medical expenses or other expenses related to the support of a child or
1former spouse or for failure of the applicant or licensee to comply, after appropriate
2notice, with a subpoena or warrant issued by the department of workforce
3development or a county child support agency under s. 59.53 (5) and related to
4paternity or child support proceedings, as provided in a memorandum of
5understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
6taken under this subsection is subject to review only as provided in the memorandum
7of understanding entered into under s. 49.857 and not as provided in s. 48.72.
AB133-ASA1-AA2,173,159
48.715
(7) The department shall deny an application for the issuance or
10continuation of a license under s. 48.66 (1)
(a) or a probationary license under s. 48.69
11to operate a child welfare agency, group home, shelter care facility or day care center,
12or revoke such a license already issued, if the department of revenue certifies under
13s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action
14taken under this subsection is subject to review only as provided under s. 73.0301 (5)
15and not as provided in s. 48.72.".
AB133-ASA1-AA2,173,2118
48.75
(1m) Each child welfare agency and public licensing agency shall provide
19the subunit of the department that administers s. 48.685 with information about
20each person who is denied a license for a reason specified in s. 48.685
(2) (4m) (a) 1.
21to 5.".
AB133-ASA1-AA2,174,6
149.001
(1r) "Family planning" means voluntary action by individuals to
2prevent or aid conception. "Family planning" does not include the performance,
3promotion, encouragement or counseling in favor of, or referral either directly or
4through an intermediary for, voluntary termination of pregnancy, but may include
5the promotion, encouragement or counseling in favor of, or referral directly or
6through an intermediary for any of the following:
AB133-ASA1-AA2,174,77
(a) Prenatal care and delivery.
AB133-ASA1-AA2,174,88
(b) Infant care, foster care or adoption.
AB133-ASA1-AA2,174,1410
49.001
(1s) "Family planning services" mean counseling by trained personnel
11regarding family planning; distribution of information relating to family planning;
12and referral to licensed nurse practitioners within the scope of their practice,
13licensed physicians or local health departments for consultation, examination,
14medical treatment and prescriptions for the purpose of family planning.".
AB133-ASA1-AA2,174,1817
49.015
(1m) (b) 5. The individual has infectious tuberculosis, as defined in s.
18252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).".
AB133-ASA1-AA2,175,17
2149.08 Recovery of relief and other assistance. If any person is the owner
22of property at the time of receiving general relief under ch. 49, 1993 stats., relief
23funded by a relief block grant or other assistance as an inmate of any county or
24municipal institution in which the state is not chargeable with all or a part of the
1inmate's maintenance or as a tuberculosis patient provided for in ss.
58.06 and 2252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting,
3the authorities charged with the care of the dependent, or the board in charge of the
4institution, may sue for the value of the relief or other assistance from the person or
5the person's estate. Except as otherwise provided in this section, the 10-year statute
6of limitations may be pleaded in defense in an action to recover relief or other
7assistance. Where the recipient of relief or other assistance is deceased, a claim may
8be filed against the decedent's estate and the statute of limitations specified in s.
9859.02 shall be exclusively applicable. The court may refuse to render judgment or
10allow the claim in any case where a parent, spouse, surviving spouse or child is
11dependent on the property for support. The court in rendering judgment shall take
12into account the current family budget requirement as fixed by the U.S. department
13of labor for the community or as fixed by the authorities of the community in charge
14of public assistance. The records kept by the municipality, county or institution are
15prima facie evidence of the value of the relief or other assistance furnished.
This
16section shall not apply to any person who receives care for pulmonary tuberculosis
17as provided in s. 252.08 (4).".
AB133-ASA1-AA2,176,522
49.159
(2) Minor custodial parents; financial and employment counseling. 23A custodial parent who is under the age of 18 is eligible, regardless of that
24individual's or that individual's parent's income or assets, to meet with a financial
1and employment planner. The financial and employment planner may provide the
2individual with information regarding Wisconsin works eligibility, available child
3care services, employment and financial planning,
family planning services, as
4defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other
5food and nutrition programs.".