AB133-ASA1-CA1,231,1816
4. The manner in which the tribe will submit information relating to a
17rehabilitation review to the department so that the department may include that
18information in its report to the legislature required under sub. (5g).
AB133-ASA1-CA1,231,2119
5. A copy of the form to be used to request a review and a copy of the form on
20which a written decision is to be made regarding whether a person has demonstrated
21rehabilitation.
AB133-ASA1-CA1,232,622
(b) If, within 90 days after receiving the plan, the department does not
23disapprove the plan, the plan shall be considered approved. If, within 90 days after
24receiving the plan, the department disapproves the plan, the department shall
25provide notice of that disapproval to the tribe in writing, together with the reasons
1for the disapproval. The department may not disapprove a plan unless the
2department finds that the plan is not rationally related to the protection of clients.
3If the department disapproves the plan, the tribe may, within 30 days after receiving
4notice of the disapproval, request that the secretary review the department's
5decision. A final decision under this paragraph is not subject to further review under
6ch. 227.
AB133-ASA1-CA1,233,48
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
9a person to operate an entity, a county department or a child welfare agency may
10refuse to license a foster home or treatment foster home under s. 48.62, and an entity
11may refuse to
employ, hire or contract with
a caregiver or permit
a nonclient resident 12to reside at the entity
a person specified in sub. (2) (ag) (intro.) if the person has been
13convicted of an offense that
the department has not defined as a "serious crime" by
14rule promulgated under sub. (7) (a), or specified in the list established by rule under
15sub. (7) (b) is not a serious crime, but that is, in the estimation of the department,
16county department, child welfare agency
, or entity, substantially related to the care
17of a client. Notwithstanding s. 111.335, the department may refuse to license a
18person to operate a day care center, a county department may refuse to certify a day
19care provider under s. 48.651, a school board may refuse to contract with a person
20under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established
21or contracted for under s. 120.13 (14) and a day care provider that is certified under
22s. 48.651 may refuse to
employ, hire or contract with
a caregiver or permit
a nonclient
23resident to reside at the day care center or day care provider
a person specified in sub.
24(2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or
25after his or her 12th birthday for an offense that
the department has not defined as
1a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list
2established by rule under sub. (7) (b) is not a serious crime, but that is, in the
3estimation of the department, county department, school board, day care center or
4day care provider
, substantially related to the care of a client.
AB133-ASA1-CA1, s. 1176g
5Section 1176g. 48.685 (5m) of the statutes, as affected by 1999 Wisconsin Act
6.... (this act), is amended to read:
AB133-ASA1-CA1,233,247
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
8a person to operate an entity, a county department or a child welfare agency may
9refuse to license a foster home or treatment foster home under s. 48.62, and an entity
10may refuse to
hire employ or contract with a caregiver or permit a nonclient resident
11to reside at the entity if the person has been convicted of an offense that is not a
12serious crime, but that is, in the estimation of the department, county department,
13child welfare agency or entity, substantially related to the care of a client.
14Notwithstanding s. 111.335, the department may refuse to license a person to
15operate a day care center, a county department may refuse to certify a day care
16provider under s. 48.651, a school board may refuse to contract with a person under
17s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or
18contracted for under s. 120.13 (14) and a day care provider that is certified under s.
1948.651 may refuse to
hire employ or contract with a caregiver or permit a nonclient
20resident to reside at the day care center or day care provider if the person has been
21convicted of or adjudicated delinquent on or after his or her 12th birthday for an
22offense that is not a serious crime, but that is, in the estimation of the department,
23county department, school board, day care center or day care provider, substantially
24related to the care of a client.
AB133-ASA1-CA1, s. 1177r
1Section 1177r. 48.685 (6) (am) (intro.) of the statutes is renumbered 48.685
2(6) (am) and amended to read:
AB133-ASA1-CA1,234,53
48.685
(6) (am) Every 4 years an entity shall require all of
the following persons 4its caregivers and nonclient residents to complete a background information form
5that is provided to the entity by the department
:.
AB133-ASA1-CA1, s. 1179d
8Section 1179d. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1.
9and amended to read:
AB133-ASA1-CA1,234,1810
48.685
(6) (b) 1. For
persons specified under par. (a) caregivers who are licensed
11by the department, for persons
specified in par. (am) 1. who are under 18 years of age,
12but not under 12 years of age,
and who are
employes, prospective employes,
13contractors or prospective contractors caregivers of a day care center that is licensed
14under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care
15provider that is certified under s. 48.651, for persons
specified in par. (am) 2. who are
16nonclient residents or prospective nonclient residents of an entity that is licensed by
17the department, and for other persons specified by the department by rule, the entity
18shall send the background information form to the department.
AB133-ASA1-CA1,234,23
192. For
persons specified under par. (a) caregivers who are licensed or certified
20by a county department, for persons
specified in par. (am) 2. who are
nonclient
21residents or prospective nonclient residents of an entity that is licensed or certified
22by a county department and for other persons specified by the department by rule,
23the entity shall send the background information form to the county department.
AB133-ASA1-CA1,235,3
243. For
persons specified under par. (a) caregivers who are licensed by a child
25welfare agency, for persons
specified in par. (am) 2. who are
nonclient residents or
1prospective nonclient residents of an entity that is licensed by a child welfare agency
2and for other persons specified by the department by rule, the entity shall send the
3background information form to the child welfare agency
AB133-ASA1-CA1,235,11
44. For
persons specified under par. (a) caregivers who are contracted with by
5a school board, for persons
specified in par. (am) 2. who are
nonclient residents or
6prospective nonclient residents of an entity that is contracted with by a school board
7and for other persons specified by the department by rule, the entity shall send the
8background information form to the school board.
For all other persons specified
9under par. (am) 1., the entity shall maintain the background information form on file
10for inspection by the department, county department, child welfare agency or school
11board, whichever is applicable.
AB133-ASA1-CA1,236,6
1648.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7),
17if any child welfare agency, shelter care facility, group home or day care center that
18has not been previously issued a license under s. 48.66 (1)
(a) applies for a license,
19meets the minimum requirements for a license established under s. 48.67 and pays
20the applicable fee referred to in s. 48.68 (1), the department shall issue a
21probationary license to that child welfare agency, shelter care facility, group home
22or day care center. A probationary license is valid for up to 6 months after the date
23of issuance unless renewed under this section or suspended or revoked under s.
2448.715. Before a probationary license expires, the department shall inspect the child
1welfare agency, shelter care facility, group home or day care center holding the
2probationary license and, except as provided under s. 48.715 (6) and (7), if the child
3welfare agency, shelter care facility, group home or day care center meets the
4minimum requirements for a license established under s. 48.67, the department
5shall issue a license under s. 48.66 (1)
(a). A probationary license issued under this
6section may be renewed for one 6-month period.
AB133-ASA1-CA1,236,108
48.715
(1) In this section, "licensee" means a person who holds a license under
9s. 48.66 (1)
(a) or a probationary license under s. 48.69 to operate a child welfare
10agency, shelter care facility, group home or day care center.
AB133-ASA1-CA1,236,1512
48.715
(2) (a) That a person stop operating a child welfare agency, shelter care
13facility, group home or day care center if the child welfare agency, shelter care facility,
14group home or day care center is without a license in violation of s. 48.66 (1)
(a) or
15a probationary license in violation of s. 48.69.
AB133-ASA1-CA1,236,2117
48.715
(2) (b) That a person who employs a person who has had a license under
18s. 48.66 (1)
(a) or a probationary license under s. 48.69 revoked within the previous
195 years terminate the employment of that person within 30 days after the date of the
20order. This paragraph includes employment of a person in any capacity, whether as
21an officer, director, agent or employe.
AB133-ASA1-CA1,237,223
48.715
(4) (intro.) If the department provides written notice of revocation and
24the grounds for revocation as provided in sub. (4m) and an explanation of the process
25for appealing a revocation under this subsection, the department may revoke a
1license issued under s. 48.66 (1)
(a) or a probationary license issued under s. 48.69
2for any of the following reasons:
AB133-ASA1-CA1,237,74
48.715
(5) The department may deny a license under s. 48.66 (1)
(a) or a
5probationary license under s. 48.69 to any person who has had a license under s.
648.66 (1)
(a) or a probationary license under s. 48.69 revoked within the previous 5
7years.
AB133-ASA1-CA1,237,239
48.715
(6) The department of health and family services shall deny, suspend,
10restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
(a) or a
11probationary license under s. 48.69 to operate a child welfare agency, group home
, 12shelter care facility or day care center, and the department of corrections shall deny,
13suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
14(b) to operate a secured child caring institution, for failure of the applicant or licensee
15to pay court-ordered payments of child or family support, maintenance, birth
16expenses, medical expenses or other expenses related to the support of a child or
17former spouse or for failure of the applicant or licensee to comply, after appropriate
18notice, with a subpoena or warrant issued by the department of workforce
19development or a county child support agency under s. 59.53 (5) and related to
20paternity or child support proceedings, as provided in a memorandum of
21understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
22taken under this subsection is subject to review only as provided in the memorandum
23of understanding entered into under s. 49.857 and not as provided in s. 48.72.
AB133-ASA1-CA1,238,7
148.715
(7) The department shall deny an application for the issuance or
2continuation of a license under s. 48.66 (1)
(a) or a probationary license under s. 48.69
3to operate a child welfare agency, group home, shelter care facility or day care center,
4or revoke such a license already issued, if the department of revenue certifies under
5s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action
6taken under this subsection is subject to review only as provided under s. 73.0301 (5)
7and not as provided in s. 48.72.".
AB133-ASA1-CA1,238,1310
48.75
(1m) Each child welfare agency and public licensing agency shall provide
11the subunit of the department that administers s. 48.685 with information about
12each person who is denied a license for a reason specified in s. 48.685
(2) (4m) (a) 1.
13to 5.".
AB133-ASA1-CA1,238,2016
48.981
(7) (b) Notwithstanding par. (a), either parent of a child may authorize
17the disclosure of a record for use in a child custody proceeding under s. 767.24 or
18767.325
or in an adoption proceeding under s. 48.833 (1), 48.835, 48.837 or 48.839 19when the child has been the subject of a report. Any information that would identify
20a reporter shall be deleted before disclosure of a record under this paragraph.".
AB133-ASA1-CA1,239,623
48.925
(1) (intro.) Upon petition by a relative who has maintained a
24relationship similar to a parent-child relationship with a child who has been adopted
1by a stepparent or relative, the court
, subject to subs. (1m) and (2), may grant
2reasonable visitation rights to that person if the petitioner has maintained such a
3relationship within 2 years prior to the filing of the petition, if the adoptive parent
4or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive
5parent and birth parent, have notice of the hearing and if the court determines all
6of the following:
AB133-ASA1-CA1,239,138
48.925
(1m) (a) Except as provided in par. (b), the court may not grant
9visitation rights under sub. (1) to a relative who has maintained a relationship
10similar to a parent-child relationship with a child if the relative has been convicted
11under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
122nd-degree intentional homicide, of a parent of the child, and the conviction has not
13been reversed, set aside or vacated.
AB133-ASA1-CA1,239,2014
(am) Except as provided in par. (b), if a relative who is granted visitation rights
15with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional
16homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of
17the child, and the conviction has not been reversed, set aside or vacated, the court
18shall issue an order prohibiting the relative from having visitation with the child on
19petition of the child or the parent, guardian or legal custodian of the child, or on the
20court's own motion, and on notice to the relative.
AB133-ASA1-CA1,239,2321
(b) Paragraphs (a) and (am) do not apply if the court determines by clear and
22convincing evidence that the visitation would be in the best interests of the child.
23The court shall consider the wishes of the child in making that determination.".
AB133-ASA1-CA1,240,32
49.015
(1m) (b) 5. The individual has infectious tuberculosis, as defined in s.
3252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).".
AB133-ASA1-CA1,241,2
649.08 Recovery of relief and other assistance. If any person is the owner
7of property at the time of receiving general relief under ch. 49, 1993 stats., relief
8funded by a relief block grant or other assistance as an inmate of any county or
9municipal institution in which the state is not chargeable with all or a part of the
10inmate's maintenance or as a tuberculosis patient provided for in ss.
58.06 and 11252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting,
12the authorities charged with the care of the dependent, or the board in charge of the
13institution, may sue for the value of the relief or other assistance from the person or
14the person's estate. Except as otherwise provided in this section, the 10-year statute
15of limitations may be pleaded in defense in an action to recover relief or other
16assistance. Where the recipient of relief or other assistance is deceased, a claim may
17be filed against the decedent's estate and the statute of limitations specified in s.
18859.02 shall be exclusively applicable. The court may refuse to render judgment or
19allow the claim in any case where a parent, spouse, surviving spouse or child is
20dependent on the property for support. The court in rendering judgment shall take
21into account the current family budget requirement as fixed by the U.S. department
22of labor for the community or as fixed by the authorities of the community in charge
23of public assistance. The records kept by the municipality, county or institution are
24prima facie evidence of the value of the relief or other assistance furnished.
This
1section shall not apply to any person who receives care for pulmonary tuberculosis
2as provided in s. 252.08 (4).".
AB133-ASA1-CA1,241,1510
49.143
(2) (es) Provide to every individual who requests assistance from the
11Wisconsin works agency a single-page description of all of the benefits and services
12that may be provided to any individual by the Wisconsin works agency. The
13department shall develop the description and distribute it to all Wisconsin works
14agencies. The department shall update the description as frequently as necessary
15to reflect all benefits and services that may be offered by Wisconsin works agencies.".
AB133-ASA1-CA1,242,220
49.145
(3) (b) 1. All earned and unearned income of the individual, except any
21amount received under section
32 of the internal revenue code, as defined in s. 71.01
22(6), any amount received under s. 71.07 (9e), any payment made by an employer
23under section
3507 of the internal revenue code, as defined in s. 71.01 (6), and any
24assistance received under s. 49.148.
In determining the earned and unearned
1income of the individual, the Wisconsin works agency may not include income earned
2by a dependent child of the individual.".
AB133-ASA1-CA1,242,86
49.147
(6) (a) 2. The individual needs the loan to obtain or continue
7employment. Fulfillment of this requirement includes a loan that is needed to repair
8or purchase a vehicle that is needed to obtain or continue employment.".
AB133-ASA1-CA1,242,1611
49.147
(5) (bs)
Required hours. Except as provided in par. (bt)
and sub. (5m),
12a Wisconsin works agency may require a participant placed in a transitional
13placement to engage in activities under par. (b) 1. for up to 28 hours per week.
A 14Except as provided in sub. (5m), a Wisconsin works agency may require a participant
15placed in a transitional placement to participate in education or training activities
16under par. (bm) for not more than 12 hours per week.
AB133-ASA1-CA1,242,2218
49.147
(5m) Postsecondary education. (a) To the extent permitted under
42
19USC 607, and except as provided in par. (bL), a participant under sub. (4) (b) or (5)
20may elect to participate in a self-initiated technical college education program as
21part of a community service job placement or transitional placement if all of the
22following requirements are met:
AB133-ASA1-CA1,243,223
1. The Wisconsin works agency, in consultation with the community steering
24committee established under s. 49.143 (2) (a) and the technical college district board,
1determines that the technical college education program is likely to lead to
2employment.
AB133-ASA1-CA1,243,53
2. The participant maintains full-time status in the technical college education
4program, as determined by the technical college that the participant attends, and
5regularly attends all classes.
AB133-ASA1-CA1,243,76
3. The participant maintains a grade point average of at least 2.0, or the
7equivalent as determined by the technical college.
AB133-ASA1-CA1,243,98
4. The participant is employed or engages in work under a community service
9job or transitional placement.
AB133-ASA1-CA1,243,1210
(b) No Wisconsin works agency may require a participant under this subsection
11to be employed or to engage in work or other activities under sub. (4) or (5) for more
12than 25 hours per week in addition to participation under this subsection.
AB133-ASA1-CA1,243,1513
(bL) A participant may participate under this subsection for the duration of the
14technical college education program, except that the participant may not participate
15under this subsection for more than 2 years.
AB133-ASA1-CA1,243,1916
(c) The Wisconsin works agency shall work with the community steering
17committee established under s. 49.143 (2) (a) and the technical college district board
18to monitor the participant's progress in the technical college education program and
19the effectiveness of the program in leading to employment.".
AB133-ASA1-CA1,244,523
49.148
(1) (b) 3. For a participant in a community service job who participates
24in self-initiated technical college education under s. 49.147 (5m), a monthly grant
1of $673, paid by the Wisconsin works agency. For every hour that the participant
2misses work or other required activities without good cause, the grant amount shall
3be reduced by $5.15. Good cause shall be determined by the financial and
4employment planner in accordance with rules promulgated by the department. Good
5cause shall include required court appearances for a victim of domestic abuse.
AB133-ASA1-CA1,244,157
49.148
(1) (c)
Transitional placements. For a participant in a transitional
8placement
under s. 49.147 (5) or in a transitional placement and in self-initiated
9technical college education under s. 49.147 (5m), a grant of $628, paid monthly by
10the Wisconsin works agency
or by the department under sub. (2). For every hour that
11the participant fails to participate in any required activity without good cause,
12including any activity under s. 49.147 (5) (b) 1. a. to e., the grant amount shall be
13reduced by $5.15. Good cause shall be determined by the financial and employment
14planner in accordance with rules promulgated by the department. Good cause shall
15include required court appearances for a victim of domestic abuse.".