SECTION 1138. 48.551 (2) (intro.) of the statutes is renumbered 48.55 (2) (intro.) and amended to read:
48.55 (2) (intro.) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center, which. The rules specifying the functions of the state adoption center shall include all of the following:
SECTION 1139. 48.551 (2) (a), (b), (c), (d) and (e) of the statutes are renumbered 48.55 (2) (a), (b), (c), (d) and (e).
SECTION 1140. 48.561 (3) (b) of the statutes is amended to read:
48.561 (3) (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will shall collect the amount specified in par. (a). If the department of administration and from a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for by deducting all or part of that amount from any state payment due that county under s. 46.40, 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from those the state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15 of each year, the department of administration shall determine that method without the agreement of that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection.
SECTION 1141. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall may make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
SECTION 1142. 48.57 (3m) (ap) of the statutes is created to read:
48.57 (3m) (ap) Notwithstanding fulfillment of the conditions of eligibility specified in par. (am) 1. to 6., a kinship care relative who is providing care and maintenance for a child is not entitled to receive payments under par. (am).
SECTION 1143. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
48.57 (3n) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall may make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
SECTION 1144. 48.57 (3n) (ap) of the statutes is created to read:
48.57 (3n) (ap) Notwithstanding fulfillment of the conditions of eligibility specified in par. (am) 1. to 5r., a long-term kinship care relative who is providing care and maintenance for a child is not entitled to receive payments under par. (am).
SECTION 1145. 48.57 (3n) (ar) (intro.) of the statutes is amended to read:
48.57 (3n) (ar) (intro.) Subject to par. (ap) and sub. (3p) (fm) 1m. and (hm), a county department or, in a county having a population of 500,000 or more, the department shall may enter into an agreement under par. (am) 6. if all of the following conditions are met:
SECTION 1146. 48.60 (2) (d) of the statutes is amended to read:
48.60 (2) (d) A hospital, maternity hospital, maternity home, or nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;
SECTION 1147. 48.60 (2) (h) of the statutes is repealed.
SECTION 1148. 48.62 (1) (a) of the statutes is amended to read:
48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or more than 4 children if all of the children are siblings, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.
SECTION 1149. 48.651 (1) of the statutes is renumbered 48.651 (1m), and 48.651 (1m) (intro.) and (a), as renumbered, are amended to read:
48.651 (1m) (intro.) Each county department certifying agency shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county certifying agency may charge a fee to cover the costs of certification. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under s. 49.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified in this section. The county certifying agency shall certify the following categories of day care providers:
(a) Level I certified family day care providers, as established by the department of workforce development under s. 49.155 (1d). No county certifying agency may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care.
SECTION 1150. 48.651 (1g) of the statutes is created to read:
48.651 (1g) In this section, "certifying agency" means a county department, a tribal governing body or a Wisconsin works agency, as defined in s. 49.001 (9), whichever the department of workforce development requires under s. 49.155 (3) (a) to administer the child care subsidy program under s. 49.155.
SECTION 1151. 48.651 (2m) of the statutes is amended to read:
48.651 (2m) Each county department certifying agency shall provide the department with information about each person who is denied certification for a reason specified in s. 48.685 (2) (a) 1. to 5.
SECTION 1152. 48.653 of the statutes is amended to read:
48.653 Information for day care providers. The department shall provide each day care center licensed under s. 48.65 and each county certifying agency, as defined in s. 48.651 (1g), providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day care providers. Each county agency certifying agency shall provide each day care provider that it certifies with a copy of the brochure.
SECTION 1153. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and amended to read:
48.66 (1) (a) Except as provided under in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74.
(b) Except as provided under in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. The department of corrections may also license not more than one county department, as defined in s. 938.02 (2g), to operate a group home that has been licensed under par. (a) as a secured group home, as defined in s. 938.02 (15p), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4h) or (4m) and referred to the department of corrections by the court and to provide supervision, care and maintenance for those juveniles.
(c) A license issued under this subsection par. (a) or (b), other than a license to operate a foster home, treatment foster home or, secured child caring institution or secured group home, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or, secured child caring institution or secured group home may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection par. (a) or (b) is transferable.
SECTION 1154. 48.66 (2m) (a) of the statutes is amended to read:
48.66 (2m) (a) The department of health and family services shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
SECTION 1155. 48.66 (2m) (am) of the statutes is amended to read:
48.66 (2m) (am) The department of corrections shall require each applicant for a license under sub. (1) (b) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
SECTION 1156. 48.66 (2m) (b) of the statutes is amended to read:
48.66 (2m) (b) The department of health and family services may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department and may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department.
SECTION 1157. 48.66 (2m) (bm) of the statutes is amended to read:
48.66 (2m) (bm) The department of corrections may not issue or renew a license under sub. (1) (b) to operate a secured child caring institution to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department.
SECTION 1158. 48.68 (1) of the statutes is amended to read:
48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685, if applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.
SECTION 1159. 48.685 (1) (a) of the statutes is renumbered 48.685 (1) (at).
SECTION 1160. 48.685 (1) (am) of the statutes is created to read:
48.685 (1) (am) "Certifying agency" has the meaning given in s. 48.651 (1g).
SECTION 1161. 48.685 (2) (a) (intro.) of the statutes is amended to read:
48.685 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), if the department, a county department, a child welfare agency, a certifying agency or a school board knows or should know any of the following, the department may not license, or continue or renew the license of, a person to operate an entity, a county department certifying agency may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62 and a school board may not contract with a person under s. 120.13 (14), if the department, county department, child welfare agency or school board knows or should have known any of the following:
****NOTE: This is reconciled s. 46.685 (2) (a) (intro.) This SECTION has been affected by drafts with the following LRB numbers: LRB-0492/6 and LRB-1059/2.
SECTION 1162. 48.685 (2) (ad) of the statutes is amended to read:
48.685 (2) (ad) The department, a county department or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department certifying agency may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in par. (am) indicating that the person is not ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.
SECTION 1163. 48.685 (2) (ag) (intro.) of the statutes is amended to read:
48.685 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if an entity knows or should know any of the following, the entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or provide to clients of the entity direct care that is more intensive than negligible care in quantity or quality or in amount of time required to provide the care; or the entity may not permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:
SECTION 1164. 48.685 (2) (ag) (intro.) of the statutes, as affected by 1997 Act 27, section 1664f, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
48.685 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if an entity knows or should know any of the following, the entity may not employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who provides to clients of the entity, or is expected to provide to them, direct care that is more intensive than negligible care in quantity or quality or in amount of time required to provide the care; or the entity may not permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client:
SECTION 1165. 48.685 (2) (am) (intro.) of the statutes is amended to read:
48.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the department, a county department, a child welfare agency, a certifying agency or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.) and, a person specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity and shall obtain the information specified in subds. 1. to 5. with respect to a person specified in par. (ag) (intro.) who is under 18 years of age, but not under 12 years of age, and who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651:
****NOTE: This is reconciled s. 46.685 (2) (am) (intro.) This SECTION has been affected by drafts with the following LRB numbers: LRB-0492/6 and LRB-1059/2.
SECTION 1166. 48.685 (2) (am) 5. of the statutes is amended to read:
48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subdivision, the department, a county department, a child welfare agency, a certifying agency or a school board need not obtain the information specified in subds. 1. to 4.
SECTION 1167. 48.685 (2) (b) 1. (intro.) of the statutes is amended to read:
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:
SECTION 1168. 48.685 (2) (b) 2. of the statutes is repealed.
SECTION 1169. 48.685 (2) (b) 4. of the statutes is amended to read:
48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 and with respect to whom the department, a county department certifying agency or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.
SECTION 1170. 48.685 (2) (bd) of the statutes is amended to read:
48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county department, a child welfare agency, a certifying agency or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the department, county department, child welfare agency, certifying agency, school board or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency, a certifying agency or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
SECTION 1171. 48.685 (2) (bm) of the statutes is amended to read:
48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, child welfare agency, certifying agency, school board or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.
SECTION 1172. 48.685 (3) (a) of the statutes is amended to read:
48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, a certifying agency or a school board considers appropriate, the department, county department, child welfare agency, certifying 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. (ag) (intro.) 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 specified in sub. (2) (ag) (intro.) who are under 18 years of age, but not under 12 years of age, and 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: This is reconciled s. 46.685 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0492/6 and LRB-1059/2.
SECTION 1173. 48.685 (3m) of the statutes is amended to read:
48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency, a certifying agency or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
SECTION 1174. 48.685 (5) (a) of the statutes is amended to read:
48.685 (5) (a) The department may license to operate an entity, a county department certifying agency 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) (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) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency or the school board by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated.
SECTION 1175. 48.685 (5c) (bm) of the statutes is created to read:
48.685 (5c) (bm) Any person who is permitted but fails under sub. (5) (a) to demonstrate to a Wisconsin works agency, as defined in s. 49.001 (9), that he or she has been rehabilitated may appeal to the secretary of workforce development or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.
SECTION 1176. 48.685 (5m) of the statutes is amended to read:
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, contract with or permit 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), but that is, in the estimation of the 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 certifying agency 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, contract with or permit 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), but that is, in the estimation of the department, county department certifying agency, school board, day care center or day care provider substantially related to the care of a client.
SECTION 1177. 48.685 (6) (a) of the statutes is amended to read:
48.685 (6) (a) The department shall require any person who applies for issuance, continuation or renewal of a license to operate an entity, a county department certifying agency shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62 and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
SECTION 1178. 48.685 (6) (am) 1. of the statutes is amended to read:
48.685 (6) (am) 1. A person who is an employe, prospective employe, contractor or prospective contractor of the entity, who will be under the entity's control and who has, or is expected to have, access to its clients, other than a person specified in sub. (2) (b) 2 provides to clients of the entity, or is expected to provide to them, direct care that is more intensive than negligible care in quantity or quality or in amount of time required to provide the care.
SECTION 1179. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1. and amended to read:
48.685 (6) (b) 1. For persons specified under in par. (a) 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 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. For all other persons specified in par. (am) 1., the entity shall maintain the background information form on file for inspection by the department, county department, child welfare agency, certifying agency or school board, whichever is applicable.
2. For persons specified under in par. (a) 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.
3. For persons specified under in par. (a) 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.
5. For persons specified under in par. (a) 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.
SECTION 1180. 48.685 (6) (b) 4. of the statutes is created to read:
48.685 (6) (b) 4. For persons specified in par. (a) who are certified by a certifying agency, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is certified by a certifying agency and for other persons specified by the department by rule, the entity shall send the background information form to the certifying agency.
SECTION 1181. 48.685 (8) of the statutes is amended to read:
