SB45: Bill Text

SB45,664,25 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.

SB45, s. 1177 Section 1177. 48.685 (6) (a) of the statutes is amended to read:

SB45,665,11 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.

SB45, s. 1178 Section 1178. 48.685 (6) (am) 1. of the statutes is amended to read:

SB45,665,18 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.

SB45, s. 1179 Section 1179. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1. and amended to read:

SB45,666,7 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.

SB45,666,12 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.

SB45,666,17 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.

SB45,666,25 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.

SB45, s. 1180 Section 1180. 48.685 (6) (b) 4. of the statutes is created to read:

SB45,667,6 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.

SB45, s. 1181 Section 1181. 48.685 (8) of the statutes is amended to read:

SB45,667,17 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.

SB45, s. 1182 Section 1182. 48.69 of the statutes is amended to read:

SB45,668,8 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.

SB45, s. 1183 Section 1183. 48.715 (1) of the statutes is amended to read:

SB45,668,12 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.

SB45, s. 1184 Section 1184. 48.715 (2) (a) of the statutes is amended to read:

SB45,668,17 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.

SB45, s. 1185 Section 1185. 48.715 (2) (b) of the statutes is amended to read:

SB45,668,23 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.

SB45, s. 1186 Section 1186. 48.715 (4) (intro.) of the statutes is amended to read:

SB45,669,5 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:

SB45, s. 1187 Section 1187. 48.715 (5) of the statutes is amended to read:

SB45,669,10 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.

SB45, s. 1188 Section 1188. 48.715 (6) of the statutes is amended to read:

SB45,670,2 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.

SB45, s. 1189 Section 1189. 48.715 (7) of the statutes is amended to read:

SB45,670,10 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.

SB45, s. 1190 Section 1190. 48.78 (3) of the statutes is created to read:

SB45,670,18 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.

SB45,670,22 (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.

SB45,670,24 (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).

SB45,671,4 (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).

SB45, s. 1191 Section 1191. 48.825 (3) (b) of the statutes is amended to read:

SB45,671,7 48.825 (3) (b) An individual or agency providing adoption information exchange services under s. 48.55.

SB45, s. 1192 Section 1192. 48.825 (3) (c) of the statutes is repealed.

SB45, s. 1193 Section 1193. 48.981 (3) (c) 4. of the statutes is amended to read:

SB45,672,2 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.

SB45, s. 1194 Section 1194. 48.981 (3) (e) of the statutes is created to read:

SB45,672,7 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.

SB45, s. 1195 Section 1195. 48.981 (7) (a) 18. of the statutes is created to read:

SB45,672,12 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.

SB45, s. 1196 Section 1196. 48.981 (7) (cm) of the statutes is amended to read:

SB45,672,16 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.

SB45, s. 1197 Section 1197. 48.981 (7) (d) of the statutes is amended to read:

SB45,672,19 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.

SB45, s. 1198 Section 1198. 48.981 (7) (dm) of the statutes is created to read:

SB45,673,2 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.

SB45, s. 1199 Section 1199. 48.982 (2) (d) of the statutes is amended to read:

SB45,673,8 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.

SB45, s. 1200 Section 1200. 48.982 (2m) (intro.) of the statutes is amended to read:

SB45,673,13 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:

SB45, s. 1201 Section 1201. 48.985 (2) of the statutes is amended to read:

SB45,673,22 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 $3,734,000 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children and for family-based child welfare services.

SB45, s. 1202 Section 1202. 49.015 (1m) 5. of the statutes is created to read:

SB45,673,25 49.015 (1m) 5. The individual has infectious tuberculosis, as defined in s. 252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).

SB45, s. 1203 Section 1203. 49.025 (2) (a) (intro.) of the statutes is amended to read:

SB45,674,5 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (4) (bt), an amount for that year determined as follows:

SB45, s. 1204 Section 1204. 49.025 (2) (a) 1. b. of the statutes is amended to read:

SB45,674,12 49.025 (2) (a) 1. b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons, including the amount transferred to the appropriation account under s. 20.435 (4) (h) in that year and the amount estimated to be received from the federal government as a match to the funds expended from the appropriation account under s. 20.435 (4) (h).

SB45, s. 1205 Section 1205. 49.027 (2) (a) (intro.) of the statutes is amended to read:

SB45,674,17 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (bu) (4) (bt), an amount for that year determined as follows:

SB45, s. 1206 Section 1206. 49.027 (2) (a) 1. d. of the statutes is amended to read:

SB45,674,21 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (5) (bu) (4) (bt) for relief block grants for that year.

SB45, s. 1207 Section 1207 . 49.029 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,675,6 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (4) (bs) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

SB45, s. 1208 Section 1208. 49.08 of the statutes is amended to read:

SB45,676,3 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).

SB45, s. 1209 Section 1209. 49.124 (1g) (a) of the statutes is amended to read:

SB45,676,14 49.124 (1g) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments establishing or enforcing a support order, if any appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

SB45, s. 1210 Section 1210. 49.136 (2) (a) of the statutes is amended to read:

SB45,676,18 49.136 (2) (a) From the allocation under s. 49.155 (1g) (b), the department shall award grants and low-interest loans for the start-up or expansion of child care services.

SB45, s. 1211 Section 1211. 49.136 (2) (b) of the statutes is amended to read:

SB45,677,2 49.136 (2) (b) The department shall attempt to award grants and low-interest loans under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employes, family day care centers, group day care centers and, day care programs for the children of student parents, organizations that provide child care for sick children and child care providers that employ participants or former participants in a Wisconsin works employment position under s. 49.147 (3) to (5).

SB45, s. 1212 Section 1212. 49.136 (7) of the statutes is amended to read:

SB45,677,7 49.136 (7) Grant and low-interest loan administration. (a) The department shall establish guidelines for eligibility for a grant or a low-interest loan under this section. The department need not promulgate those guidelines as rules under ch. 227.

SB45,677,10 (b) The department may administer the grant and low-interest loan application process processes under this section or contract for the administration of that process those processes.

SB45, s. 1213 Section 1213. 49.1375 of the statutes is created to read:

SB45,677,20 49.1375 Early childhood excellence initiative. (1) The department shall establish a grant program to develop at least 5 early childhood centers for children under the age of 5 who are eligible to receive temporary assistance to needy families under 42 USC 601 et seq. Centers awarded a grant under this subsection shall provide outreach and training for parents of the children served by the center and training for child care providers. The centers shall emphasize stimulation of the child's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

SB45,678,3 (2) The department shall establish a grant program under which a child care provider that receives training at a center that is awarded a grant under sub. (1) may apply for a grant to establish an early childhood program that serves children specified under sub. (1). The program developed under a grant received under this subsection shall emphasize stimulation of the children's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

SB45, s. 1214 Section 1214. 49.141 (2) of the statutes is repealed.

SB45, s. 1215 Section 1215. 49.141 (2g) (a) of the statutes is renumbered 49.141 (2g).

SB45, s. 1216 Section 1216. 49.141 (2g) (b) of the statutes is repealed.

SB45, s. 1217 Section 1217. 49.143 (1) (a) of the statutes is amended to read:

SB45,678,12 49.143 (1) (a) Except as provided in par. (am), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph before the date that is specified in s. 49.141 (2) (d).

SB45, s. 1218 Section 1218. 49.143 (1) (am) 1. of the statutes is repealed and recreated to read:

SB45,678,21 49.143 (1) (am) 1. The department shall contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department during the immediately preceding contract period. The contract shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under this subdivision if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election.