Note: There is no conflict of substance. Section 48.415 (2) (b) 2. was renumbered
to s. 48.415 (2) (a) 2. b. by
1997 Wis. Act 294.
Note: There is no conflict of substance. Section 48.415 (2) (c) was renumbered to
s. 48.415 (2) (a) 3. by
1997 Wis. Act 294.
Note: There is no conflict of substance.
SB146,35,85
48.685
(2) (b) 1. (intro.) Subject to subds. 1. e.
and, 2.
, and 4.
and par. (bd), every
6entity shall obtain all of the following with respect to a person specified under par.
7(ag) (intro.) who is an employe, prospective employe, contractor or prospective
8contractor of the entity:
Note: There is no conflict of substance.
SB146,36,213
48.685
(3) (a) Every 4 years or at any time within that period that the
14department, a county department, a child welfare agency or a school board considers
15appropriate, the department, county department, child welfare agency or school
16board shall request the information specified in sub. (2) (am) 1. to 5. for all persons
17who are licensed, certified or contracted to operate an entity and for all persons
18specified in
par. sub. (2) (ag) (intro.) who are nonclient residents of an entity and shall
19request the information specified in sub. (2) (am) 1. to 5. for all persons under 18
20years of age, but not under 12 years of age, who are employes, contractors or
21nonclient residents of a day care center that is licensed under s. 48.65 or established
1or contracted for under s. 120.13 (4) or of a day care provider that is certified under
2s. 48.651.
Note: Inserts correct cross-reference. There is no s. 48.685 (3) (ag). Section 48.685
(2) (ag) relates to nonclient residents of an entity.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146,36,1510
48.685
(5c) (c) Any person who is permitted but fails under sub. (5) (a) to
11demonstrate to the school board that he or she has been rehabilitated may appeal to
12the
secretary state superintendent of public instruction or his or her designee. Any
13person who is adversely affected by a decision of the
secretary state superintendent 14or his or her designee under this paragraph has a right to a contested case hearing
15under ch. 227.
Note: Corrects officer's title.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146, s. 121
20Section
121. 48.715 (6) of the statutes is amended to read:
SB146,37,15
148.715
(6) The department of health and family services shall deny, suspend,
2restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) or a
3probationary license under s. 48.69 to operate a child welfare agency, group home
, 4shelter care facility or day care center, and the department of corrections shall deny,
5suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
6to operate a secured child caring institution, for failure of the applicant or licensee
7to pay court-ordered payments of child or family support, maintenance, birth
8expenses, medical expenses or other expenses related to the support of a child or
9former spouse or for failure of the applicant or licensee to comply, after appropriate
10notice, with a subpoena or warrant issued by the department of workforce
11development or a county child support agency under s. 59.53 (5) and related to
12paternity or child support proceedings, as provided in a memorandum of
13understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
14taken under this subsection is subject to review only as provided in the memorandum
15of understanding entered into under s. 49.857 and not as provided in s. 48.72.
SB146, s. 122
16Section
122. 48.981 (3) (c) 1. of the statutes is amended to read:
SB146,38,1617
48.981
(3) (c) 1. Within 24 hours after receiving a report under par. (a), the
18agency shall, in accordance with the authority granted to the department under s.
1948.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent
20investigation to determine if the child or unborn child is in need of protection or
21services. The investigation shall be conducted in accordance with standards
22established by the department for conducting child abuse and neglect investigations
23or unborn child abuse investigations. If the investigation is of a report of child abuse
24or neglect or of
child threatened
child abuse or neglect by a caregiver specified in sub.
1(1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in
2sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child
3abuse or neglect and in which the investigation does not disclose who abused or
4neglected the child, the investigation shall also include observation of or an interview
5with the child, or both, and, if possible, an interview with the child's parents,
6guardian or legal custodian. If the investigation is of a report of child abuse or neglect
7or threatened child abuse or neglect by a caregiver who continues to reside in the
8same dwelling as the child, the investigation shall also include, if possible, a visit to
9that dwelling. At the initial visit to the child's dwelling, the person making the
10investigation shall identify himself or herself and the agency involved to the child's
11parents, guardian or legal custodian. The agency may contact, observe or interview
12the child at any location without permission from the child's parent, guardian or
13legal custodian if necessary to determine if the child is in need of protection or
14services, except that the person making the investigation may enter a child's
15dwelling only with permission from the child's parent, guardian or legal custodian
16or after obtaining a court order to do so.
Note: Corrects word order.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
SB146, s. 125
21Section
125. 48.988 (6) (a) of the statutes is amended to read:
SB146,39,2
148.988
(6) (a) Equivalent facilities for the child are not available in the sending
2agency's jurisdiction
; and
Note: Inserts necessary punctuation. The change is shown in the printed volumes.
SB146, s. 126
3Section
126. 49.124 (1m) (a) of the statutes is amended to read:
SB146,39,104
49.124
(1m) (a) The department shall administer an employment and training
5program for recipients under the food stamp program. The department may contract
6with a Wisconsin works agency to administer the employment and training program
7under this subsection. Except as provided in pars. (b)
, and (bm)
and (br), the
8department may require able individuals who are 18 to 60 years of age who are not
9participants in a Wisconsin works employment position to participate in the
10employment and training program under this subsection.
NOTE: The creation of par. (br) was removed from
1997 Wis. Act 27 by the
governor's partial veto.
SB146, s. 127
11Section
127. 49.143 (2m) (intro.) of the statutes is amended to read:
SB146,39,1812
49.143
(2m) Nutrition outreach. (intro.) A Wisconsin works agency may
13establish a
a nutrition outreach program with the community steering committee
14established under sub. (2) (a). The Wisconsin works agency and community steering
15committee may coordinate with local food pantries and food banks and other
16interested parties to increase the supply of food available. Under the outreach
17program, the Wisconsin works agency may do anything that it determines would best
18effect the desired outcome of the program, including any of the following:
Note: Deletes repeated unnecessary "a".
SB146,39,2121
49.15
(3) (a) Unsubsidized employment, as defined in s. 49.147 (1)
(a) (c).
NOTE: Section 49.147 (1) (a) was renumbered s. 49.147 (1) (c) by
1997 Wis. Act 27.
SB146, s. 129
1Section
129. 49.175 (1) (p) of the statutes is amended to read:
SB146,40,52
49.175
(1) (p)
Indirect child care services. For indirect child care services under
3s.
49.131 (2) (b) 49.155 (1g), $6,002,400 in each fiscal year. Notwithstanding sub. (2),
4the department may not use any funds allocated under this paragraph for any other
5purpose under this subsection.
NOTE: Inserts correct cross-reference. Section 49.131 (2) (b) was renumbered s.
49.155 (1g) by
1997 Wis. Act 27.
Note: There is no conflict of substance.
Note: 1997 Wis. Act 191, section
39, renumbered s. 46.251 to s. 49.225. Act 191,
section 65, created a different provision as s. 49.225.
SB146, s. 132
10Section
132. 49.27 (6) (c) of the statutes is amended to read:
SB146,41,211
49.27
(6) (c)
Benefits. A county department under s. 46.215, 46.22 or 46.23 shall
12provide assistance in paying the child care costs of a work-not-welfare group that
13is eligible to receive benefits under this paragraph if the child care is provided by a
14child care provider, as defined in s. 49.132 (1) (am), 1995 stats. The formula for
15determining the amount of assistance shall be the same as the formula established
16by the department under s. 49.191 (2). The rates for child care services under this
17paragraph shall be determined under s. 49.132 (4) (d),
1995 stats., s. 49.132 (4) (dg),
181995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher
19rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services
20meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates
21for child care services under this paragraph that meet those standards shall be
1determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate
2rules for the disbursement of funds under this paragraph.
Note: Section 49.132 does not apply after November 1, 1997, and was repealed by
1997 Wis. Act 252.
SB146, s. 133
3Section
133. 49.493 (1) (b) of the statutes is amended to read:
SB146,41,54
49.493
(1) (b) "Medical benefits or assistance" means medical benefits under
5s. 49.02
, 49.046 or 253.05 or medical assistance.
SB146,41,88
49.665
(1) (b) "Dependent child" has the meaning given in s. 49.141
(1) (c).
Note: There is no conflict of substance.
SB146,41,1313
49.857
(1) (d) 2. An approval specified in s.
29.09 (11m) 29.024 (2g).
Note: This bill renumbers s. 29.09 (11m) to s. 29.024 (2g).
SB146,41,1616
49.857
(1) (d) 2m. A fishing approval issued under s.
29.138 29.229.
Note: Inserts correct cross-reference.
1997 Wis. Act 248 renumbered s. 29.138 to
s. 29.229.
SB146,42,519
50.01
(2) "Nurse's assistant" means a person who performs routine patient care
20duties delegated by a registered nurse or licensed practical nurse who supervises the
1person, for the direct health care of a patient or resident. "Nurse's assistant" does
2not mean a person who is licensed, permitted, certified or registered under subch.
X 3XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or a person whose duties
4primarily involve skills that are different than those taught in instructional
5programs for nurse's assistants.
Note: Subch. X of ch. 440, as created by
1997 Wis. Act 156, is renumbered subch.
XI of ch. 440 by this bill.
SB146, s. 139
6Section
139. 50.035 (3) (a) of the statutes is amended to read:
SB146,42,167
50.035
(3) (a) The person responsible for managing a Class C
8community-based residential facility, or that person's agent, shall be present in the
9facility at any time that residents are in the facility. The person responsible for
10managing a Class A or a Class B community-based residential facility, or that
11person's agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents
12are in the facility and the person responsible for managing a Class B
13community-based residential facility, or that person's agent, shall be readily
14available to the residents of the facility from 7 a.m. to 7 p.m. In this subsection,
15"Class A, B and C community-based residential facilities" have the meanings
16provided in s.
HSS 3.41 (1) HFS 83.05,Wis. adm. code.
Note: Inserts the correct cross-reference. Section HSS 3.41, Wis. Adm. Code, was
repealed and replaced by s. HFS 83.05, Wis. Adm. Code. There are no Class B facilities
under s. HFS 83.05.
SB146, s. 140
17Section
140. 50.035 (9) of the statutes is amended to read:
SB146,42,2118
50.035
(9) Notification to prospective residents of assessment requirement. 19Every community-based residential facility shall inform all prospective residents of
20the assessment requirements under ss. 46.27 (7) (cj) 3. and (11) (c) 5n. and 46.277
(3) 21(5) (d) 1n. for the receipt of funds under those sections.
SB146,43,2
1NOTE: Inserts the correct cross-reference. There is no s. 46.277 (3) (d). Section
246.277 (5) (d) 1n. relates to community-based residential facility assessments.
SB146,43,95
50.04
(5) (a) 5. b. Except as provided in subd. 5. a., a nursing home that violates
6a statute or rule resulting in a class "A" or class "B" violation and that has received
7a notice of
a class "A" or class "B" violation of the same statute or rule within the
8previous 3-year period may be subject to a forfeiture 3 times the amount authorized
9for the most recent class of violation involved.
Note: The underscored "a" was inserted by
1997 Wis. Act 280 without being
underscored. The change was intended.
SB146,43,1612
50.065
(3) (a) Every 4 years or at any time within that period that the
13department considers appropriate, the department shall request the information
14specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity
15and for all persons specified in
par. sub. (2) (ag) (intro.) who are nonclient residents
16of an entity.
Note: Inserts correct cross-reference. There is no s. 50.065 (3) (ag). Section 50.065
(2) (ag) relates to nonclient residents of an entity.
Note: There is no conflict of substance.
SB146, s. 144
19Section
144. 55.045 of the statutes is amended to read:
SB146,44,7
2055.045 Funding. The appropriate county department designated under s.
2155.02 shall, within the limits of available state and federal funds and of county funds
22required to be appropriated to match state funds, provide for the reasonable program
1needs of persons who are protectively placed or who receive protective services under
2this chapter, including reasonable expenses for the evaluations required by
sub. s.
355.06 (8). Payment and collections for protective placement or protective services
4provided in public facilities specified in s. 46.10 shall be governed in accordance with
5s. 46.10. The department may require that a person who is protectively placed or
6receives protective services under this chapter provide reimbursement for services
7or care and custody received, based on the ability of the person to pay for such costs.