Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,230,7 48.685 (4) An entity that violates sub. (2) or, (3) or (4m) (b) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB133-ASA1-CA1, s. 1173j Section 1173j. 48.685 (4m) (b) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,230,13 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire employ or contract with a caregiver or permit a nonclient resident to reside at the entity, if the entity knows or should have known any of the following:

AB133-ASA1-CA1, s. 1174d Section 1174d. 48.685 (5) (a) of the statutes is amended to read:

AB133-ASA1-CA1,231,2 48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in sub. (2) (4m) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.

AB133-ASA1-CA1, s. 1174g Section 1174g. 48.685 (5) (b) of the statutes is repealed.

AB133-ASA1-CA1, s. 1175m Section 1175m. 48.685 (5d) of the statutes is created to read:

AB133-ASA1-CA1,231,7 48.685 (5d) (a) Any tribe that chooses to conduct rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following:

AB133-ASA1-CA1,231,8 1. The criteria to be used to determine if a person has been rehabilitated.

AB133-ASA1-CA1,231,10 2. The title of the person or body designated by the tribe to whom a request for review must be made.

AB133-ASA1-CA1,231,12 3. The title of the person or body designated by the tribe to determine whether a person has been rehabilitated.

AB133-ASA1-CA1,231,15 3m. The title of the person or body, designated by the tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the tribe provides any further rights to appeal.

AB133-ASA1-CA1,231,18 4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g).

AB133-ASA1-CA1,231,21 5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation.

AB133-ASA1-CA1,232,6 (b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision. A final decision under this paragraph is not subject to further review under ch. 227.

AB133-ASA1-CA1, s. 1176d Section 1176d. 48.685 (5m) of the statutes is amended to read:

AB133-ASA1-CA1,233,4 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider a person specified in sub. (2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center or day care provider, substantially related to the care of a client.

AB133-ASA1-CA1, s. 1176g Section 1176g. 48.685 (5m) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,233,24 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to hire employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 may refuse to hire employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center or day care provider, substantially related to the care of a client.

AB133-ASA1-CA1, s. 1177r Section 1177r. 48.685 (6) (am) (intro.) of the statutes is renumbered 48.685 (6) (am) and amended to read:

AB133-ASA1-CA1,234,5 48.685 (6) (am) Every 4 years an entity shall require all of the following persons its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department:.

AB133-ASA1-CA1, s. 1178d Section 1178d. 48.685 (6) (am) 1. of the statutes is repealed.

AB133-ASA1-CA1, s. 1178g Section 1178g. 48.685 (6) (am) 2. of the statutes is repealed.

AB133-ASA1-CA1, s. 1179d Section 1179d. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1. and amended to read:

AB133-ASA1-CA1,234,18 48.685 (6) (b) 1. For persons specified under par. (a) caregivers who are licensed by the department, for persons specified in par. (am) 1. who are under 18 years of age, but not under 12 years of age, and who are employes, prospective employes, contractors or prospective contractors caregivers 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, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.

AB133-ASA1-CA1,234,23 2. For persons specified under par. (a) caregivers who are licensed or certified by a county department, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed or certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department.

AB133-ASA1-CA1,235,3 3. For persons specified under par. (a) caregivers who are licensed by a child welfare agency, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency

AB133-ASA1-CA1,235,11 4. For persons specified under par. (a) caregivers who are contracted with by a school board, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For all other persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department, county department, child welfare agency or school board, whichever is applicable.

AB133-ASA1-CA1, s. 1180g Section 1180g. 48.685 (7) (a) of the statutes is repealed.

AB133-ASA1-CA1, s. 1180h Section 1180h. 48.685 (7) (b) of the statutes is repealed.".

AB133-ASA1-CA1,235,14 714. Page 652, line 24: after that line insert:

AB133-ASA1-CA1,235,15 " Section 1182d. 48.69 of the statutes is amended to read:

AB133-ASA1-CA1,236,6 48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.

AB133-ASA1-CA1, s. 1183d Section 1183d. 48.715 (1) of the statutes is amended to read:

AB133-ASA1-CA1,236,10 48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home or day care center.

AB133-ASA1-CA1, s. 1184d Section 1184d. 48.715 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,236,15 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, group home or day care center if the child welfare agency, shelter care facility, group home or day care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.

AB133-ASA1-CA1, s. 1185d Section 1185d. 48.715 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,236,21 48.715 (2) (b) That a person who employs a person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.

AB133-ASA1-CA1, s. 1186d Section 1186d. 48.715 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,237,2 48.715 (4) (intro.) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 48.66 (1) (a) or a probationary license issued under s. 48.69 for any of the following reasons:

AB133-ASA1-CA1, s. 1187d Section 1187d. 48.715 (5) of the statutes is amended to read:

AB133-ASA1-CA1,237,7 48.715 (5) The department may deny a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to any person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years.

AB133-ASA1-CA1, s. 1188d Section 1188d. 48.715 (6) of the statutes is amended to read:

AB133-ASA1-CA1,237,23 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) (a) 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) (b) 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.

AB133-ASA1-CA1, s. 1189d Section 1189d. 48.715 (7) of the statutes is amended to read:

AB133-ASA1-CA1,238,7 48.715 (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.".

AB133-ASA1-CA1,238,8 715. Page 653, line 3: after that line insert:

AB133-ASA1-CA1,238,9 " Section 1189r. 48.75 (1m) of the statutes is amended to read:

AB133-ASA1-CA1,238,13 48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 with information about each person who is denied a license for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.".

AB133-ASA1-CA1,238,14 716. Page 654, line 25: after that line insert:

AB133-ASA1-CA1,238,15 " Section 1195m. 48.981 (7) (b) of the statutes is amended to read:

AB133-ASA1-CA1,238,20 48.981 (7) (b) Notwithstanding par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under s. 767.24 or 767.325 or in an adoption proceeding under s. 48.833 (1), 48.835, 48.837 or 48.839 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.".

AB133-ASA1-CA1,238,21 717. Page 654, line 25: after that line insert:

AB133-ASA1-CA1,238,22 " Section 1192p. 48.925 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,239,6 48.925 (1) (intro.) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court, subject to subs. (1m) and (2), may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following:

AB133-ASA1-CA1, s. 1192r Section 1192r. 48.925 (1m) of the statutes is created to read:

AB133-ASA1-CA1,239,13 48.925 (1m) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a relative who has maintained a relationship similar to a parent-child relationship with a child if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,239,20 (am) Except as provided in par. (b), if a relative who is granted visitation rights with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent, guardian or legal custodian of the child, or on the court's own motion, and on notice to the relative.

AB133-ASA1-CA1,239,23 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-ASA1-CA1,239,24 718. Page 655, line 23: after that line insert:

AB133-ASA1-CA1,240,1 " Section 1201t. 49.015 (1m) (b) 5. of the statutes is created to read:

AB133-ASA1-CA1,240,3 49.015 (1m) (b) 5. The individual has infectious tuberculosis, as defined in s. 252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).".

AB133-ASA1-CA1,240,4 719. Page 657, line 5: after that line insert:

AB133-ASA1-CA1,240,5 " Section 1207m. 49.08 of the statutes is amended to read:

AB133-ASA1-CA1,241,2 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).".

AB133-ASA1-CA1,241,3 720. Page 661, line 5: delete "budgeting".

AB133-ASA1-CA1,241,5 721. Page 661, line 6: delete that line and substitute "credit establishment and credit repair".

AB133-ASA1-CA1,241,7 722. Page 661, line 7: delete "assistance training" and substitute "assistance".

AB133-ASA1-CA1,241,8 723. Page 662, line 7: after that line insert:

AB133-ASA1-CA1,241,9 " Section 1222g. 49.143 (2) (es) of the statutes is created to read:

AB133-ASA1-CA1,241,15 49.143 (2) (es) Provide to every individual who requests assistance from the Wisconsin works agency a single-page description of all of the benefits and services that may be provided to any individual by the Wisconsin works agency. The department shall develop the description and distribute it to all Wisconsin works agencies. The department shall update the description as frequently as necessary to reflect all benefits and services that may be offered by Wisconsin works agencies.".

AB133-ASA1-CA1,241,16 724. Page 663, line 25: delete that line.

AB133-ASA1-CA1,241,17 725. Page 664, line 1: delete lines 1 to 6.

AB133-ASA1-CA1,241,18 726. Page 664, line 6: after that line insert:

AB133-ASA1-CA1,241,19 " Section 1226v. 49.145 (3) (b) 1. of the statutes is amended to read:

AB133-ASA1-CA1,242,2 49.145 (3) (b) 1. All earned and unearned income of the individual, except any amount received under section 32 of the internal revenue code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the internal revenue code, as defined in s. 71.01 (6), and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.".

AB133-ASA1-CA1,242,3 727. Page 666, line 15: after "(av)" insert "and sub. (5m)".

AB133-ASA1-CA1,242,4 728. Page 668, line 4: after that line insert:

AB133-ASA1-CA1,242,5 " Section 1229qc. 49.147 (6) (a) 2. of the statutes is amended to read:

AB133-ASA1-CA1,242,8 49.147 (6) (a) 2. The individual needs the loan to obtain or continue employment. Fulfillment of this requirement includes a loan that is needed to repair or purchase a vehicle that is needed to obtain or continue employment.".

AB133-ASA1-CA1,242,9 729. Page 668, line 4: after that line insert:

AB133-ASA1-CA1,242,10 " Section 1233g. 49.147 (5) (bs) of the statutes is amended to read:

AB133-ASA1-CA1,242,16 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. A Except as provided in sub. (5m), a Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week.

AB133-ASA1-CA1, s. 1233m Section 1233m. 49.147 (5m) of the statutes is created to read:

AB133-ASA1-CA1,242,22 49.147 (5m) Postsecondary education. (a) To the extent permitted under 42 USC 607, and except as provided in par. (bL), a participant under sub. (4) (b) or (5) may elect to participate in a self-initiated technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:

AB133-ASA1-CA1,243,2 1. The Wisconsin works agency, in consultation with the community steering committee established under s. 49.143 (2) (a) and the technical college district board, determines that the technical college education program is likely to lead to employment.

AB133-ASA1-CA1,243,5 2. The participant maintains full-time status in the technical college education program, as determined by the technical college that the participant attends, and regularly attends all classes.

AB133-ASA1-CA1,243,7 3. The participant maintains a grade point average of at least 2.0, or the equivalent as determined by the technical college.