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:
48.685 (8) The department, a county department, a child welfare agency, a certifying agency or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The department, a county department, a child welfare agency, a certifying agency or a school board may also charge a fee to a person who requests to demonstrate under sub. (5) (a) that the person has been rehabilitated. Fees charged under this subsection may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.
****NOTE: This is reconciled s. 48.685 (8). This SECTION has been affected by drafts with the following LRB numbers: LRB-0333/1 and LRB-0492/6.
SECTION 1182. 48.69 of the statutes is amended to read:
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.
SECTION 1183. 48.715 (1) of the statutes is amended to read:
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.
SECTION 1184. 48.715 (2) (a) of the statutes is amended to read:
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.
SECTION 1185. 48.715 (2) (b) of the statutes is amended to read:
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.
SECTION 1186. 48.715 (4) (intro.) of the statutes is amended to read:
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:
SECTION 1187. 48.715 (5) of the statutes is amended to read:
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.
SECTION 1188. 48.715 (6) of the statutes is amended to read:
48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (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.
SECTION 1189. 48.715 (7) of the statutes is amended to read:
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.
SECTION 1190. 48.78 (3) of the statutes is created to read:
48.78 (3) (a) Except as provided under pars. (b) to (d) or by order of the court, no agency may make available for inspection or disclose the contents of any record kept or information received relating to a foster parent, treatment foster parent or family-operated group home, as defined in s. 48.627 (1), parent or a family member of a foster parent, treatment foster parent or family-operated group home parent without first receiving the written permission of the foster parent, treatment foster parent or family-operated group home parent.
(b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78.
(c) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record under s. 48.981 (7).
(d) Paragraph (a) does not prohibit an agency from disclosing the name and address of a foster parent, treatment foster parent or family-operated group home parent under s. 48.20 (8), 48.227 (2), 48.33 (5), 48.355 (2) (b) 2., 48.357 (1) or (2m) or 48.38 (4) (c).
SECTION 1191. 48.825 (3) (b) of the statutes is amended to read:
48.825 (3) (b) An individual or agency providing adoption information exchange services under s. 48.55.
SECTION 1192. 48.825 (3) (c) of the statutes is repealed.
SECTION 1193. 48.981 (3) (c) 4. of the statutes is amended to read:
48.981 (3) (c) 4. The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall determine, within 60 days after receipt of a report, whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall give due regard to the culture of the subjects. If a determination contains a finding that a specific person has abused or neglected a child, the county department, department or licensed child welfare agency making the determination shall notify that person in writing, at the time that the person is notified of the determination, of the person's right to appeal under par. (e) and of the method by which the person may appeal. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.
SECTION 1194. 48.981 (3) (e) of the statutes is created to read:
48.981 (3) (e) Appeal of determination. If a determination under par. (c) 4. contains a finding that a specific person has abused or neglected a child, that person may appeal that finding in accordance with procedures established by the department.
SECTION 1195. 48.981 (7) (a) 18. of the statutes is created to read:
48.981 (7) (a) 18. A child abuse and neglect citizen review panel established by the department or a county department if the panel determines that access to the records of an agency responsible for child protection is necessary for the panel to carry out its functions.
SECTION 1196. 48.981 (7) (cm) of the statutes is amended to read:
48.981 (7) (cm) An Notwithstanding par. (a), an agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125.
SECTION 1197. 48.981 (7) (d) of the statutes is amended to read:
48.981 (7) (d) The Notwithstanding par. (a), the department may have access to any report or record maintained by an agency under this section.
SECTION 1198. 48.981 (7) (dm) of the statutes is created to read:
48.981 (7) (dm) Notwithstanding par. (a), an agency may, subject to standards established by the department, disclose to the news media and the general public information from the agency's records concerning a case in which a child died or was placed in serious or critical condition, as certified by a physician, as a result of abuse or neglect. An agency may not disclose under this paragraph any information that would identify a reporter. Any person who receives any information under this paragraph may disclose that information to anyone.
SECTION 1199. 48.982 (2) (d) of the statutes is amended to read:
48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph may be deposited in credited to the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.
SECTION 1200. 48.982 (2m) (intro.) of the statutes is amended to read:
48.982 (2m) DONATION USES. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with the wishes of the donor to do any of the following:
