SB45, s. 1125
10Section
1125. 46.995 (3) of the statutes is amended to read:
SB45,648,2211
46.995
(3) Adolescent pregnancy prevention services. From the
12appropriation under s. 20.435 (3)
(eg) (ky), the department may allocate $340,000 in
13each fiscal year to provide a grant annually to a public or private entity or to the
14elected governing body of a federally recognized American Indian tribe or band to
15provide to high-risk adolescents pregnancy and parenthood prevention services
16which shall be structured so as to increase development of decision-making and
17communications skills, promote graduation from high school and expand career and
18other options and which may address needs of adolescents with respect to pregnancy
19prevention. Except with respect to award of a grant to a tribe or band, the
20department shall rank individual counties and give priority by this ranking for the
21award of grants under this subsection, based on the factors specified under sub. (2)
22(a) to (d).
SB45, s. 1126
23Section
1126. 46.996 of the statutes, as affected by 1999 Wisconsin Act .... (this
24act), is repealed.
SB45, s. 1127
25Section
1127. 46.996 (intro.) of the statutes is amended to read:
SB45,649,4
146.996 Adolescent services. (intro.) From the appropriation
account under
2s. 20.435 (3) (eg), the department shall
allocate funds in distribute $62,500 and from
3the appropriation account under s. 20.435 (3) (ky), the department shall distribute
4$287,500, for the following
amounts:
SB45, s. 1128
5Section
1128. 46.997 of the statutes, as affected by 1999 Wisconsin Act .... (this
6act), is repealed.
SB45, s. 1129
7Section
1129. 46.997 (2) (intro.) of the statutes is amended to read:
SB45,649,158
46.997
(2) (intro.) From the appropriation
account under s. 20.435 (3) (eg), the
9department shall
allocate not more than $210,000
distribute $52,500 and from the
10appropriation account under s. 20.435 (3) (ky), the department shall distribute
11$157,500 in each fiscal year to make grants to applying organizations for the
12provision, on a regional or tribal project basis, of information to communities in order
13to increase community knowledge about problems of adolescents and information to
14and activities for adolescents, particularly female adolescents, in order to enable the
15adolescents to develop skills with respect to all of the following:
SB45, s. 1130
16Section
1130. 48.02 (6) of the statutes is amended to read:
SB45,649,2217
48.02
(6) "Foster home" means any facility that is operated by a person
18required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
19no more than 4 children
unless all of the children are siblings or, if necessary to
20enable a sibling group to remain together, for no more than 6 children or, if the
21department promulgates rules permitting a different number of children, for the
22number of children permitted under those rules.
SB45, s. 1131
23Section
1131. 48.02 (17) of the statutes is amended to read:
SB45,650,3
148.02
(17) "Shelter care facility" means a nonsecure place of temporary care
2and physical custody for children, including a holdover room, licensed by the
3department under s. 48.66 (1)
(a).
SB45, s. 1132
4Section
1132. 48.48 (9) of the statutes is amended to read:
SB45,650,75
48.48
(9) To license foster homes or treatment foster homes as provided in s.
648.66 (1)
(a) for its own use or for the use of licensed child welfare agencies or, if
7requested to do so, for the use of county departments.
SB45, s. 1133
8Section
1133. 48.48 (9m) of the statutes is amended to read:
SB45,650,99
48.48
(9m) To license shelter care facilities as provided in s. 48.66 (1)
(a).
SB45, s. 1134
10Section
1134. 48.48 (10) of the statutes is amended to read:
SB45,650,1211
48.48
(10) To license child welfare agencies and day care centers as provided
12in s. 48.66 (1)
(a).
SB45, s. 1135
13Section
1135. 48.55 (title) of the statutes is amended to read:
SB45,650,15
1448.55 (title)
State adoption information exchange and state adoption
15center.
SB45, s. 1136
16Section
1136. 48.55 of the statutes is renumbered 48.55 (1) and amended to
17read:
SB45,651,218
48.55
(1) The department shall establish a state adoption information
19exchange for the purpose of finding adoptive homes for children with special needs
20who do not have permanent homes
. The department shall adopt rules governing the
21adoption information exchange and, from and a state adoption center for the
22purposes of increasing public knowledge of adoption and promoting to adolescents
23and pregnant women the availability of adoption services. From the appropriation
24under s. 20.435 (3) (dg),
the department may provide not more than
$75,000 $125,000
1in each fiscal year as grants to individuals and private agencies
for to provide 2adoption information exchange services
and to operate the state adoption center.
SB45, s. 1137
3Section
1137. 48.551 (title) and (1) of the statutes are repealed.
SB45, s. 1138
4Section
1138. 48.551 (2) (intro.) of the statutes is renumbered 48.55 (2) (intro.)
5and amended to read:
SB45,651,96
48.55
(2) (intro.) The department shall promulgate rules
governing the
7adoption information exchange and rules specifying the functions of the state
8adoption center
, which. The rules specifying the functions of the state adoption
9center shall include
all of the following:
SB45, s. 1139
10Section
1139. 48.551 (2) (a), (b), (c), (d) and (e) of the statutes are renumbered
1148.55 (2) (a), (b), (c), (d) and (e).
SB45, s. 1140
12Section
1140. 48.561 (3) (b) of the statutes is amended to read:
SB45,652,413
48.561
(3) (b) The department of administration
and a county having a
14population of 500,000 or more shall consult to determine the method by which the
15state will shall collect the amount specified in par. (a)
. If the department of
16administration and from a county having a population of 500,000 or more
reach an
17agreement as to that method and if that agreement calls for by deducting all or part
18of that amount from any state payment due that county under s.
46.40, 79.03, 79.04,
1979.058, 79.06 or 79.08
or for adding a special charge to the amount of taxes
20apportioned to and levied on that county under s. 70.60, the. The department of
21administration shall notify the department of revenue, by September 15 of each year,
22of the amount to be deducted from
those the state payments due
or to be added as
23that special charge. If the department of administration and a county having a
24population of 500,000 or more do not reach an agreement as to that method by
25September 15 of each year, the department of administration shall determine that
1method without the agreement of that county under s. 79.03, 79.04, 79.058, 79.06 or
279.08. The department of administration shall credit all amounts collected under
3this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify
4the county from which those amounts are collected of that collection.
SB45, s. 1141
5Section
1141. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
SB45,652,136
48.57
(3m) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and
7(kc), the department shall reimburse counties having populations of less than
8500,000 for payments made under this subsection and shall make payments under
9this subsection in a county having a population of 500,000 or more.
A Subject to par.
10(ap), a county department and, in a county having a population of 500,000 or more,
11the department
shall may make payments in the amount of $215 per month to a
12kinship care relative who is providing care and maintenance for a child if all of the
13following conditions are met:
SB45, s. 1142
14Section
1142. 48.57 (3m) (ap) of the statutes is created to read:
SB45,652,1715
48.57
(3m) (ap) Notwithstanding fulfillment of the conditions of eligibility
16specified in par. (am) 1. to 6., a kinship care relative who is providing care and
17maintenance for a child is not entitled to receive payments under par. (am).
SB45, s. 1143
18Section
1143. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
SB45,653,219
48.57
(3n) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and
20(kc), the department shall reimburse counties having populations of less than
21500,000 for payments made under this subsection and shall make payments under
22this subsection in a county having a population of 500,000 or more.
A Subject to par.
23(ap), a county department and, in a county having a population of 500,000 or more,
24the department
shall may make monthly payments for each child in the amount
25specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is
1providing care and maintenance for that child if all of the following conditions are
2met:
SB45, s. 1144
3Section
1144. 48.57 (3n) (ap) of the statutes is created to read:
SB45,653,64
48.57
(3n) (ap) Notwithstanding fulfillment of the conditions of eligibility
5specified in par. (am) 1. to 5r., a long-term kinship care relative who is providing care
6and maintenance for a child is not entitled to receive payments under par. (am).
SB45, s. 1145
7Section
1145. 48.57 (3n) (ar) (intro.) of the statutes is amended to read:
SB45,653,118
48.57
(3n) (ar) (intro.) Subject to
par. (ap) and sub. (3p) (fm) 1m. and (hm), a
9county department or, in a county having a population of 500,000 or more, the
10department
shall may enter into an agreement under par. (am) 6. if all of the
11following conditions are met:
SB45, s. 1146
12Section
1146. 48.60 (2) (d) of the statutes is amended to read:
SB45,653,1413
48.60
(2) (d) A hospital, maternity hospital, maternity home
, or nursing home
14or tuberculosis sanatorium licensed, approved or supervised by the department;
SB45, s. 1147
15Section
1147. 48.60 (2) (h) of the statutes is repealed.
SB45, s. 1148
16Section
1148. 48.62 (1) (a) of the statutes is amended to read:
SB45,653,2317
48.62
(1) (a) Any person who receives, with or without transfer of legal custody,
184 or fewer children or
more than 4 children if all of the children are siblings, if
19necessary to enable a sibling group to remain together, 6 or fewer children or, if the
20department promulgates rules permitting a different number of children, the
21number of children permitted under those rules, to provide care and maintenance for
22those children shall obtain a license to operate a foster home from the department,
23a county department or a licensed child welfare agency as provided in s. 48.75.
SB45, s. 1149
24Section
1149. 48.651 (1) of the statutes is renumbered 48.651 (1m), and 48.651
25(1m) (intro.) and (a), as renumbered, are amended to read:
SB45,654,11
148.651
(1m) (intro.) Each
county department certifying agency shall certify,
2according to the standards adopted by the department of workforce development
3under s. 49.155 (1d), each day care provider reimbursed for child care services
4provided to families determined eligible under s. 49.155 (1m), unless the provider is
5a day care center licensed under s. 48.65 or is established or contracted for under s.
6120.13 (14). Each
county certifying agency may charge a fee to cover the costs of
7certification. To be certified under this section, a person must meet the minimum
8requirements for certification established by the department of workforce
9development under s. 49.155 (1d), meet the requirements specified in s. 48.685 and
10pay the fee specified in this section. The
county
certifying agency shall certify the
11following categories of day care providers:
SB45,654,1512
(a) Level I certified family day care providers, as established by the department
13of workforce development under s. 49.155 (1d). No
county certifying agency may
14certify a provider under this paragraph if the provider is a relative of all of the
15children for whom he or she provides care.
SB45, s. 1150
16Section
1150. 48.651 (1g) of the statutes is created to read:
SB45,654,2017
48.651
(1g) In this section, "certifying agency" means a county department, a
18tribal governing body or a Wisconsin works agency, as defined in s. 49.001 (9),
19whichever the department of workforce development requires under s. 49.155 (3) (a)
20to administer the child care subsidy program under s. 49.155.
SB45, s. 1151
21Section
1151. 48.651 (2m) of the statutes is amended to read:
SB45,654,2422
48.651
(2m) Each
county department
certifying agency shall provide the
23department with information about each person who is denied certification for a
24reason specified in s. 48.685 (2) (a) 1. to 5.
SB45, s. 1152
25Section
1152. 48.653 of the statutes is amended to read:
SB45,655,6
148.653 Information for day care providers. The department shall provide
2each day care center licensed under s. 48.65 and each
county certifying agency
, as
3defined in s. 48.651 (1g), providing child welfare services with a brochure containing
4information on basic child care and the licensing and certification requirements for
5day care providers. Each
county agency certifying agency shall provide each day care
6provider that it certifies with a copy of the brochure.
SB45, s. 1153
7Section
1153. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and
8amended to read:
SB45,655,159
48.66
(1) (a) Except as provided
under
in s. 48.715 (6) and (7), the department
10shall license and supervise child welfare agencies, as required by s. 48.60, group
11homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and
12day care centers, as required by s. 48.65. The department may license foster homes
13or treatment foster homes, as provided by s. 48.62, and may license and supervise
14county departments in accordance with the procedures specified in this section and
15in ss. 48.67 to 48.74.
SB45,656,3
16(b) Except as provided
under in s. 48.715 (6), the department of corrections may
17license a child welfare agency to operate a secured child caring institution, as defined
18in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted
19under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or
20(4m) and referred to the child welfare agency by the court or the department of
21corrections and to provide supervision, care and maintenance for those juveniles.
22The department of corrections may also license not more than one county
23department, as defined in s. 938.02 (2g), to operate a group home that has been
24licensed under par. (a) as a secured group home, as defined in s. 938.02 (15p), for
25holding in secure custody juveniles who have been convicted under s. 938.183 or
1adjudicated delinquent under s. 938.183 or 938.34 (4h) or (4m) and referred to the
2department of corrections by the court and to provide supervision, care and
3maintenance for those juveniles.
SB45,656,10
4(c) A license issued under
this subsection par. (a) or (b), other than a license to
5operate a foster home, treatment foster home
or, secured child caring institution
or
6secured group home, is valid until revoked or suspended. A license issued under this
7subsection to operate a foster home, treatment foster home
or, secured child caring
8institution
or secured group home may be for any term not to exceed 2 years from the
9date of issuance. No license issued under
this subsection par. (a) or (b) is
10transferable.
SB45, s. 1154
11Section
1154. 48.66 (2m) (a) of the statutes is amended to read:
SB45,656,1912
48.66
(2m) (a) The department of health and family services shall require each
13applicant for a license under sub. (1)
(a) to operate a child welfare agency, group
14home, shelter care facility or day care center who is an individual to provide that
15department with the applicant's social security number, and shall require each
16applicant for a license under sub. (1)
(a) to operate a child welfare agency, group
17home, shelter care facility or day care center who is not an individual to provide that
18department with the applicant's federal employer identification number, when
19initially applying for or applying to continue the license.
SB45, s. 1155
20Section
1155. 48.66 (2m) (am) of the statutes is amended to read:
SB45,656,2421
48.66
(2m) (am) The department of corrections shall require each applicant for
22a license under sub. (1)
(b) to operate a secured child caring institution who is an
23individual to provide that department with the applicant's social security number
24when initially applying for or applying to renew the license.
SB45, s. 1156
25Section
1156. 48.66 (2m) (b) of the statutes is amended to read:
SB45,657,8
148.66
(2m) (b) The department of health and family services may not issue or
2continue a license under sub. (1)
(a) to operate a child welfare agency, group home,
3shelter care facility or day care center to or for an applicant who is an individual
4unless the applicant has provided the applicant's social security number to that
5department and may not issue or continue a license under sub. (1)
(a) to operate a
6child welfare agency, group home, shelter care facility or day care center to or for an
7applicant who is not an individual unless the applicant has provided the applicant's
8federal employer identification number to that department.
SB45, s. 1157
9Section
1157. 48.66 (2m) (bm) of the statutes is amended to read:
SB45,657,1310
48.66
(2m) (bm) The department of corrections may not issue or renew a license
11under sub. (1)
(b) to operate a secured child caring institution to or for an applicant
12who is an individual unless the applicant has provided the applicant's social security
13number to that department.
SB45, s. 1158
14Section
1158. 48.68 (1) of the statutes is amended to read:
SB45,658,515
48.68
(1) After receipt of an application for a license, the department shall
16investigate to determine if the applicant meets the minimum requirements for a
17license adopted by the department under s. 48.67 and meets the requirements
18specified in s. 48.685, if applicable. In determining whether to issue or continue a
19license, the department may consider any action by the applicant, or by an employe
20of the applicant, that constitutes a substantial failure by the applicant or employe
21to protect and promote the health, safety and welfare of a child. Upon satisfactory
22completion of this investigation and payment of the fee required under s. 48.615 (1)
23(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
24license under s. 48.66 (1)
(a) or, if applicable, a probationary license under s. 48.69
25or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial
1licensure and license renewal, the department shall provide a foster home licensee
2with written information relating to the age-related monthly foster care rates and
3supplemental payments specified in s. 48.62 (4), including payment amounts,
4eligibility requirements for supplemental payments and the procedures for applying
5for supplemental payments.
SB45, s. 1159
6Section
1159. 48.685 (1) (a) of the statutes is renumbered 48.685 (1) (at).
SB45, s. 1160
7Section
1160. 48.685 (1) (am) of the statutes is created to read:
SB45,658,88
48.685
(1) (am) "Certifying agency" has the meaning given in s. 48.651 (1g).
SB45, s. 1161
9Section
1161. 48.685 (2) (a) (intro.) of the statutes is amended to read:
SB45,658,1910
48.685
(2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
11par. (ad) and sub. (5),
if the department, a county department, a child welfare agency,
12a certifying agency or a school board knows or should know any of the following, the
13department may not license, or continue or renew the license of, a person to operate
14an entity, a
county department certifying agency may not certify a day care provider
15under s. 48.651, a county department or a child welfare agency may not license, or
16renew the license of, a foster home or treatment foster home under s. 48.62 and a
17school board may not contract with a person under s. 120.13 (14)
, if the department,
18county department, child welfare agency or school board knows or should have
19known any of the following:
SB45, s. 1162
20Section
1162. 48.685 (2) (ad) of the statutes is amended to read:
SB45,659,221
48.685
(2) (ad) The department, a county department or a child welfare agency
22may license a foster home or treatment foster home under s. 48.62, a
county
23department certifying agency may certify a day care provider under s. 48.651 and a
24school board may contract with a person under s. 120.13 (14), conditioned on the
1receipt of the information specified in par. (am) indicating that the person is not
2ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.
SB45, s. 1163
3Section
1163. 48.685 (2) (ag) (intro.) of the statutes is amended to read:
SB45,659,124
48.685
(2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in
5sub. (5),
if an entity
knows or should know any of the following, the entity may not
6hire or contract with a person who will be under the entity's control, as defined by
7the department by rule, and who is expected to
have access to its clients, or provide
8to clients of the entity direct care that is more intensive than negligible care in
9quantity or quality or in amount of time required to provide the care; or the entity
10may not permit to reside at the entity a person who is not a client and who is expected
11to have access to a client
, if the entity knows or should have known any of the
12following:
SB45, s. 1164
13Section
1164. 48.685 (2) (ag) (intro.) of the statutes, as affected by
1997 Act
1427, section
1664f, and 1999 Wisconsin Act .... (this act), is repealed and recreated to
15read:
SB45,659,2316
48.685 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in
17sub. (5), if an entity knows or should know any of the following, the entity may not
18employ or contract with a person who will be under the entity's control, as defined
19by the department by rule, and who provides to clients of the entity, or is expected
20to provide to them, direct care that is more intensive than negligible care in quantity
21or quality or in amount of time required to provide the care; or the entity may not
22permit to reside at the entity a person who is not a client and who has, or is expected
23to have, access to a client:
SB45, s. 1165
24Section
1165. 48.685 (2) (am) (intro.) of the statutes is amended to read:
SB45,660,11
148.685
(2) (am) (intro.) Subject to subd. 5. and par. (bd), the department, a
2county department, a child welfare agency
, a certifying agency or a school board shall
3obtain all of the following with respect to a person specified under par. (a) (intro.)
and, 4a person specified under par. (ag) (intro.) who is a nonclient resident or prospective
5nonclient resident of an entity and
shall obtain the information specified in subds.
61. to 5. with respect to a person specified in par. (ag) (intro.) who is under 18 years
7of age, but not under 12 years of age, and who is an employe, prospective employe,
8contractor, prospective contractor, nonclient resident or prospective nonclient
9resident of a day care center that is licensed under s. 48.65 or established or
10contracted for under s. 120.13 (14) or of a day care provider that is certified under s.
1148.651:
SB45, s. 1166
12Section
1166. 48.685 (2) (am) 5. of the statutes is amended to read:
SB45,660,2313
48.685
(2) (am) 5. Information maintained by the department under this
14section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial
15to the person of a license, continuation or renewal of a license, certification or a
16contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding
17any denial to the person of employment at, a contract with or permission to reside
18at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained
19under this subdivision indicates that the person has been denied a license,
20continuation or renewal of a license, certification, a contract, employment or
21permission to reside as described in this subdivision, the department, a county
22department, a child welfare agency
, a certifying agency or a school board need not
23obtain the information specified in subds. 1. to 4.
SB45, s. 1167
24Section
1167. 48.685 (2) (b) 1. (intro.) of the statutes is amended to read:
SB45,661,4
148.685
(2) (b) 1. (intro.) Subject to subds. 1. e.
and 2., and 4.
and par. (bd), every
2entity shall obtain all of the following with respect to a person specified under par.
3(ag) (intro.) who is an employe, prospective employe, contractor or prospective
4contractor of the entity:
SB45, s. 1168
5Section
1168. 48.685 (2) (b) 2. of the statutes is repealed.
SB45, s. 1169
6Section
1169. 48.685 (2) (b) 4. of the statutes is amended to read:
SB45,661,147
48.685
(2) (b) 4. Subdivision 1. does not apply with respect to a person under
818 years of age, but not under 12 years of age, who is an employe, prospective
9employe, contractor, prospective contractor, nonclient resident or prospective
10nonclient resident of a day care center that is licensed under s. 48.65 or established
11or contracted for under s. 120.13 (14) or of a day care provider that is certified under
12s. 48.651 and with respect to whom the department, a
county department certifying
13agency or a school board is required under par. (am) (intro.) to obtain the information
14specified in par. (am) 1. to 5.
SB45, s. 1170
15Section
1170. 48.685 (2) (bd) of the statutes is amended to read:
SB45,662,516
48.685
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
17department, a child welfare agency
, a certifying agency or a school board is not
18required to obtain the information specified in par. (am) 1. to 5., and an entity is not
19required to obtain the information specified in par. (b) 1. a. to e., with respect to a
20person under 18 years of age whose background information form under sub. (6) (am)
21indicates that the person is not ineligible to be employed, contracted with or
22permitted to reside at an entity for a reason specified in par. (ag) 1. to 5. and with
23respect to whom the department, county department, child welfare agency,
certifying
24agency, school board or entity otherwise has no reason to believe that the person is
25ineligible to be employed, contracted with or permitted to reside at an entity for any
1of those reasons. This paragraph does not preclude the department, a county
2department, a child welfare agency
, a certifying agency or a school board from
3obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect
4to a person described in this paragraph who is a nonclient resident or a prospective
5nonclient resident of an entity.
SB45, s. 1171
6Section
1171. 48.685 (2) (bm) of the statutes is amended to read: