SB45,666,25
185. For persons specified
under
in par. (a) who are contracted with by a school
19board, for persons specified in par. (am) 2. who are nonclient residents or prospective
20nonclient residents of an entity that is contracted with by a school board and for other
21persons specified by the department by rule, the entity shall send the background
22information form to the school board.
For all other persons specified under par. (am)
231., the entity shall maintain the background information form on file for inspection
24by the department, county department, child welfare agency or school board,
25whichever is applicable.
SB45, s. 1180
1Section
1180. 48.685 (6) (b) 4. of the statutes is created to read:
SB45,667,62
48.685
(6) (b) 4. For persons specified in par. (a) who are certified by a certifying
3agency, for persons specified in par. (am) 2. who are nonclient residents or prospective
4nonclient residents of an entity that is certified by a certifying agency and for other
5persons specified by the department by rule, the entity shall send the background
6information form to the certifying agency.
SB45, s. 1181
7Section
1181. 48.685 (8) of the statutes is amended to read:
SB45,667,178
48.685
(8) The department, a county department, a child welfare agency
, a
9certifying agency or a school board may charge a fee for obtaining the information
10required under sub. (2) (am) or (3) (a)
. The fee
or for providing information to an
11entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The department,
12a county department, a child welfare agency, a certifying agency or a school board
13may also charge a fee to a person who requests to demonstrate under sub. (5) (a) that
14the person has been rehabilitated. Fees charged under this subsection may not
15exceed the reasonable cost of obtaining the information. No fee may be charged to
16a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining
17information if to do so would be inconsistent with federal law.
SB45, s. 1182
18Section
1182. 48.69 of the statutes is amended to read:
SB45,668,8
1948.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7),
20if any child welfare agency, shelter care facility, group home or day care center that
21has not been previously issued a license under s. 48.66 (1)
(a) applies for a license,
22meets the minimum requirements for a license established under s. 48.67 and pays
23the applicable fee referred to in s. 48.68 (1), the department shall issue a
24probationary license to that child welfare agency, shelter care facility, group home
25or day care center. A probationary license is valid for up to 6 months after the date
1of issuance unless renewed under this section or suspended or revoked under s.
248.715. Before a probationary license expires, the department shall inspect the child
3welfare agency, shelter care facility, group home or day care center holding the
4probationary license and, except as provided under s. 48.715 (6) and (7), if the child
5welfare agency, shelter care facility, group home or day care center meets the
6minimum requirements for a license established under s. 48.67, the department
7shall issue a license under s. 48.66 (1)
(a). A probationary license issued under this
8section may be renewed for one 6-month period.
SB45, s. 1183
9Section
1183. 48.715 (1) of the statutes is amended to read:
SB45,668,1210
48.715
(1) In this section, "licensee" means a person who holds a license under
11s. 48.66 (1)
(a) or a probationary license under s. 48.69 to operate a child welfare
12agency, shelter care facility, group home or day care center.
SB45, s. 1184
13Section
1184. 48.715 (2) (a) of the statutes is amended to read:
SB45,668,1714
48.715
(2) (a) That a person stop operating a child welfare agency, shelter care
15facility, group home or day care center if the child welfare agency, shelter care facility,
16group home or day care center is without a license in violation of s. 48.66 (1)
(a) or
17a probationary license in violation of s. 48.69.
SB45, s. 1185
18Section
1185. 48.715 (2) (b) of the statutes is amended to read:
SB45,668,2319
48.715
(2) (b) That a person who employs a person who has had a license under
20s. 48.66 (1)
(a) or a probationary license under s. 48.69 revoked within the previous
215 years terminate the employment of that person within 30 days after the date of the
22order. This paragraph includes employment of a person in any capacity, whether as
23an officer, director, agent or employe.
SB45, s. 1186
24Section
1186. 48.715 (4) (intro.) of the statutes is amended to read:
SB45,669,5
148.715
(4) (intro.) If the department provides written notice of revocation and
2the grounds for revocation as provided in sub. (4m) and an explanation of the process
3for appealing a revocation under this subsection, the department may revoke a
4license issued under s. 48.66 (1)
(a) or a probationary license issued under s. 48.69
5for any of the following reasons:
SB45, s. 1187
6Section
1187. 48.715 (5) of the statutes is amended to read:
SB45,669,107
48.715
(5) The department may deny a license under s. 48.66 (1)
(a) or a
8probationary license under s. 48.69 to any person who has had a license under s.
948.66 (1)
(a) or a probationary license under s. 48.69 revoked within the previous 5
10years.
SB45, s. 1188
11Section
1188. 48.715 (6) of the statutes is amended to read:
SB45,670,212
48.715
(6) The department of health and family services shall deny, suspend,
13restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
(a) or a
14probationary license under s. 48.69 to operate a child welfare agency, group home
, 15shelter care facility or day care center, and the department of corrections shall deny,
16suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
17(b) to operate a secured child caring institution, for failure of the applicant or licensee
18to pay court-ordered payments of child or family support, maintenance, birth
19expenses, medical expenses or other expenses related to the support of a child or
20former spouse or for failure of the applicant or licensee to comply, after appropriate
21notice, with a subpoena or warrant issued by the department of workforce
22development or a county child support agency under s. 59.53 (5) and related to
23paternity or child support proceedings, as provided in a memorandum of
24understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
1taken under this subsection is subject to review only as provided in the memorandum
2of understanding entered into under s. 49.857 and not as provided in s. 48.72.
SB45, s. 1189
3Section
1189. 48.715 (7) of the statutes is amended to read:
SB45,670,104
48.715
(7) The department shall deny an application for the issuance or
5continuation of a license under s. 48.66 (1)
(a) or a probationary license under s. 48.69
6to operate a child welfare agency, group home, shelter care facility or day care center,
7or revoke such a license already issued, if the department of revenue certifies under
8s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action
9taken under this subsection is subject to review only as provided under s. 73.0301 (5)
10and not as provided in s. 48.72.
SB45, s. 1190
11Section
1190. 48.78 (3) of the statutes is created to read:
SB45,670,1812
48.78
(3) (a) Except as provided under pars. (b) to (d) or by order of the court,
13no agency may make available for inspection or disclose the contents of any record
14kept or information received relating to a foster parent, treatment foster parent or
15family-operated group home, as defined in s. 48.627 (1), parent or a family member
16of a foster parent, treatment foster parent or family-operated group home parent
17without first receiving the written permission of the foster parent, treatment foster
18parent or family-operated group home parent.
SB45,670,2219
(b) Paragraph (a) does not apply to the confidential exchange of information
20between an agency and another social welfare agency. A social welfare agency that
21obtains information under this paragraph shall keep the information confidential as
22required under this section and s. 938.78.
SB45,670,2423
(c) Paragraph (a) does not prohibit an agency from making available for
24inspection or disclosing the contents of a record under s. 48.981 (7).
SB45,671,4
1(d) Paragraph (a) does not prohibit an agency from disclosing the name and
2address of a foster parent, treatment foster parent or family-operated group home
3parent under s. 48.20 (8), 48.227 (2), 48.33 (5), 48.355 (2) (b) 2., 48.357 (1) or (2m) or
448.38 (4) (c).
SB45, s. 1191
5Section
1191. 48.825 (3) (b) of the statutes is amended to read:
SB45,671,76
48.825
(3) (b) An individual or agency providing adoption information
7exchange services under s. 48.55.
SB45, s. 1192
8Section
1192. 48.825 (3) (c) of the statutes is repealed.
SB45, s. 1193
9Section
1193. 48.981 (3) (c) 4. of the statutes is amended to read:
SB45,672,210
48.981
(3) (c) 4. The county department or, in a county having a population of
11500,000 or more, the department or a licensed child welfare agency under contract
12with the department shall determine, within 60 days after receipt of a report,
13whether abuse or neglect has occurred or is likely to occur. The determination shall
14be based on a preponderance of the evidence produced by the investigation. A
15determination that abuse or neglect has occurred may not be based solely on the fact
16that the child's parent, guardian or legal custodian in good faith selects and relies on
17prayer or other religious means for treatment of disease or for remedial care of the
18child. In making a determination that emotional damage has occurred, the county
19department or, in a county having a population of 500,000 or more, the department
20or a licensed child welfare agency under contract with the department shall give due
21regard to the culture of the subjects.
If a determination contains a finding that a
22specific person has abused or neglected a child, the county department, department
23or licensed child welfare agency making the determination shall notify that person
24in writing, at the time that the person is notified of the determination, of the person's
25right to appeal under par. (e) and of the method by which the person may appeal. This
1subdivision does not prohibit a court from ordering medical services for the child if
2the child's health requires it.
SB45, s. 1194
3Section
1194. 48.981 (3) (e) of the statutes is created to read:
SB45,672,74
48.981
(3) (e)
Appeal of determination. If a determination under par. (c) 4.
5contains a finding that a specific person has abused or neglected a child, that person
6may appeal that finding in accordance with procedures established by the
7department.
SB45, s. 1195
8Section
1195. 48.981 (7) (a) 18. of the statutes is created to read:
SB45,672,129
48.981
(7) (a) 18. A child abuse and neglect citizen review panel established by
10the department or a county department if the panel determines that access to the
11records of an agency responsible for child protection is necessary for the panel to
12carry out its functions.
SB45, s. 1196
13Section
1196. 48.981 (7) (cm) of the statutes is amended to read:
SB45,672,1614
48.981
(7) (cm)
An Notwithstanding par. (a), an agency may disclose
15information from its records for use in proceedings under s. 48.25 (6), 813.122 or
16813.125.
SB45, s. 1197
17Section
1197. 48.981 (7) (d) of the statutes is amended to read:
SB45,672,1918
48.981
(7) (d)
The Notwithstanding par. (a), the department may have access
19to any report or record maintained by an agency under this section.
SB45, s. 1198
20Section
1198. 48.981 (7) (dm) of the statutes is created to read:
SB45,673,221
48.981
(7) (dm) Notwithstanding par. (a), an agency may, subject to standards
22established by the department, disclose to the news media and the general public
23information from the agency's records concerning a case in which a child died or was
24placed in serious or critical condition, as certified by a physician, as a result of abuse
25or neglect. An agency may not disclose under this paragraph any information that
1would identify a reporter. Any person who receives any information under this
2paragraph may disclose that information to anyone.
SB45, s. 1199
3Section
1199. 48.982 (2) (d) of the statutes is amended to read:
SB45,673,84
48.982
(2) (d) Solicit and accept contributions, grants, gifts and bequests for the
5children's trust fund or for any other purpose for which a contribution, grant, gift or
6bequest is made and received. Moneys received under this paragraph may be
7deposited in credited to the appropriation accounts under s. 20.433 (1) (i), (q) or (r).
8This paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.
SB45, s. 1200
9Section
1200. 48.982 (2m) (intro.) of the statutes is amended to read:
SB45,673,1310
48.982
(2m) Donation uses. (intro.) If money is accepted by the board for the
11children's trust fund or for any other purpose under sub. (2) (d),
except moneys
12received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with
13the wishes of the donor to do any of the following:
SB45, s. 1201
14Section
1201. 48.985 (2) of the statutes is amended to read:
SB45,673,2215
48.985
(2) Community social and mental hygiene services. From the
16appropriation under s. 20.435 (7) (o), the department shall distribute not more than
17$3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year
181998-99 $3,734,000 in each fiscal year of the moneys received under
42 USC 620 to
19626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or
20purchase of child welfare projects and services, for services to children and families,
21for services to the expectant mothers of unborn children and for family-based child
22welfare services.
SB45, s. 1202
23Section
1202. 49.015 (1m) 5. of the statutes is created to read:
SB45,673,2524
49.015
(1m) 5. The individual has infectious tuberculosis, as defined in s.
25252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).
SB45, s. 1203
1Section
1203. 49.025 (2) (a) (intro.) of the statutes is amended to read:
SB45,674,52
49.025
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
3year, the department shall pay to the county, in accordance with s. 49.031, from the
4appropriation under s. 20.435
(5) (4) (bt), an amount for that year determined as
5follows:
SB45, s. 1204
6Section
1204. 49.025 (2) (a) 1. b. of the statutes is amended to read:
SB45,674,127
49.025
(2) (a) 1. b. For any year, 45% of the total amount expended
by the county
8in that year as relief for health care services provided to dependent persons
,
9including the amount transferred to the appropriation account under s. 20.435 (4)
10(h) in that year and the amount estimated to be received from the federal government
11as a match to the funds expended from the appropriation account under s. 20.435 (4)
12(h).
SB45, s. 1205
13Section
1205. 49.027 (2) (a) (intro.) of the statutes is amended to read:
SB45,674,1714
49.027
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
15year, the department shall pay to the county, in accordance with s. 49.031, from the
16appropriation under s. 20.435
(5) (bu) (4) (bt), an amount for that year determined
17as follows:
SB45, s. 1206
18Section
1206. 49.027 (2) (a) 1. d. of the statutes is amended to read:
SB45,674,2119
49.027
(2) (a) 1. d. The department shall multiply the amount determined
20under subd. 1. c. by the amount appropriated under s. 20.435
(5) (bu) (4) (bt) for relief
21block grants for that year.
SB45, s. 1207
22Section
1207
. 49.029 (2) of the statutes, as affected by 1999 Wisconsin Act ....
23(this act), is amended to read:
SB45,675,624
49.029
(2) Amount and distribution of relief block grant. From the
25appropriation under s. 20.435 (4)
(bs) (kb), the department shall distribute a relief
1block grant to each eligible tribal governing body in an amount and in a manner
2determined in accordance with rules promulgated by the department. The
3department shall promulgate the rules after consulting with all tribal governing
4bodies eligible for a relief block grant. In promulgating rules under this section, the
5department shall consider each tribe's economic circumstances and need for health
6care services.
SB45, s. 1208
7Section
1208. 49.08 of the statutes is amended to read:
SB45,676,3
849.08 Recovery of relief and other assistance. If any person is the owner
9of property at the time of receiving general relief under ch. 49, 1993 stats., relief
10funded by a relief block grant or other assistance as an inmate of any county or
11municipal institution in which the state is not chargeable with all or a part of the
12inmate's maintenance or as a tuberculosis patient provided for in ss.
58.06 and 13252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting,
14the authorities charged with the care of the dependent, or the board in charge of the
15institution, may sue for the value of the relief or other assistance from the person or
16the person's estate. Except as otherwise provided in this section, the 10-year statute
17of limitations may be pleaded in defense in an action to recover relief or other
18assistance. Where the recipient of relief or other assistance is deceased, a claim may
19be filed against the decedent's estate and the statute of limitations specified in s.
20859.02 shall be exclusively applicable. The court may refuse to render judgment or
21allow the claim in any case where a parent, spouse, surviving spouse or child is
22dependent on the property for support. The court in rendering judgment shall take
23into account the current family budget requirement as fixed by the U.S. department
24of labor for the community or as fixed by the authorities of the community in charge
25of public assistance. The records kept by the municipality, county or institution are
1prima facie evidence of the value of the relief or other assistance furnished.
This
2section shall not apply to any person who receives care for pulmonary tuberculosis
3as provided in s. 252.08 (4).
SB45, s. 1209
4Section
1209. 49.124 (1g) (a) of the statutes is amended to read:
SB45,676,145
49.124
(1g) (a) The individual is a custodial parent of a child who is under the
6age of 18 and who has an absent parent, or the individual lives with and exercises
7parental control over a child who is under the age of 18 and who has an absent parent,
8and the individual does not fully cooperate in good faith with efforts directed at
9establishing the paternity of the child, if necessary,
and obtaining support payments 10establishing or enforcing a support order, if
any appropriate, or
obtaining other
11payments or property, if any, to which that individual or the child may have rights.
12This paragraph does not apply if the individual has good cause for refusing to
13cooperate, as determined by the department in accordance with federal law and
14regulations.
SB45, s. 1210
15Section
1210. 49.136 (2) (a) of the statutes is amended to read:
SB45,676,1816
49.136
(2) (a) From the allocation under s. 49.155 (1g) (b), the department shall
17award grants
and low-interest loans for the start-up or expansion of child care
18services.
SB45, s. 1211
19Section
1211. 49.136 (2) (b) of the statutes is amended to read:
SB45,677,220
49.136
(2) (b) The department shall attempt to award grants
and low-interest
21loans under this section to head start agencies designated under
42 USC 9836,
22employers that provide or wish to provide child care services for their employes,
23family day care centers, group day care centers
and, day care programs for the
24children of student parents
, organizations that provide child care for sick children
1and child care providers that employ participants or former participants in a
2Wisconsin works employment position under s. 49.147 (3) to (5).
SB45, s. 1212
3Section
1212. 49.136 (7) of the statutes is amended to read:
SB45,677,74
49.136
(7) Grant and low-interest loan administration. (a) The department
5shall establish guidelines for eligibility for a grant or
a low-interest loan under this
6section. The department need not promulgate those guidelines as rules under ch.
7227.
SB45,677,108
(b) The department may administer the grant
and low-interest loan 9application
process processes under this section or contract for the administration
10of
that process those processes.
SB45, s. 1213
11Section
1213. 49.1375 of the statutes is created to read:
SB45,677,20
1249.1375 Early childhood excellence initiative. (1) The department shall
13establish a grant program to develop at least 5 early childhood centers for children
14under the age of 5 who are eligible to receive temporary assistance to needy families
15under
42 USC 601 et seq. Centers awarded a grant under this subsection shall
16provide outreach and training for parents of the children served by the center and
17training for child care providers. The centers shall emphasize stimulation of the
18child's language skills and senses of vision and touch. A person who is awarded a
19grant under this subsection shall contribute matching funds from local or private
20sources equal to 25% of the amount awarded under this subsection.
SB45,678,3
21(2) The department shall establish a grant program under which a child care
22provider that receives training at a center that is awarded a grant under sub. (1) may
23apply for a grant to establish an early childhood program that serves children
24specified under sub. (1). The program developed under a grant received under this
25subsection shall emphasize stimulation of the children's language skills and senses
1of vision and touch. A person who is awarded a grant under this subsection shall
2contribute matching funds from local or private sources equal to 25% of the amount
3awarded under this subsection.
SB45, s. 1214
4Section
1214. 49.141 (2) of the statutes is repealed.
SB45, s. 1215
5Section
1215. 49.141 (2g) (a) of the statutes is renumbered 49.141 (2g).
SB45, s. 1216
6Section
1216. 49.141 (2g) (b) of the statutes is repealed.
SB45, s. 1217
7Section
1217. 49.143 (1) (a) of the statutes is amended to read:
SB45,678,128
49.143
(1) (a) Except as provided in par. (am), the department may award a
9contract, on the basis of a competitive process approved by the secretary of
10administration, to any person to administer Wisconsin works in a geographical area
11determined by the department under sub. (6).
The department shall award contracts
12under this paragraph before the date that is specified in s. 49.141 (2) (d).
SB45, s. 1218
13Section
1218. 49.143 (1) (am) 1. of the statutes is repealed and recreated to
14read:
SB45,678,2115
49.143
(1) (am) 1. The department shall contract with a Wisconsin works
16agency to administer Wisconsin works if that agency has met the performance
17standards established by the department during the immediately preceding contract
18period. The contract shall be for a term of at least 2 years. A Wisconsin works agency
19may elect not to enter into a contract under this subdivision if the Wisconsin works
20agency informs the department by the date established by the department that the
21Wisconsin works agency has made that election.
SB45, s. 1219
22Section
1219. 49.143 (1) (am) 2. of the statutes is amended to read:
SB45,679,223
49.143
(1) (am) 2. A
county or tribal governing body Wisconsin works agency 24that has not met the
aid to families with dependent children caseload performance
1standards established by the department may apply for a contract under the
2competitive process established under par. (a).
SB45, s. 1220
3Section
1220. 49.143 (1) (at) of the statutes is repealed.
SB45, s. 1221
4Section
1221. 49.143 (2) (cr) of the statutes is amended to read:
SB45,679,215
49.143
(2) (cr) Provide, or contract with another person to provide,
budgeting
6and financial planning services, including credit establishment
and credit repair
7assistance training to participants.
Prior to providing, or contracting with another
8to provide, the assistance specified under this paragraph, the Wisconsin works
9agency shall submit a proposed plan for the provision of that assistance to the
10department. The secretary shall submit each proposed plan to the cochairpersons
11of the joint committee on finance. If, within 14 days after receiving the proposed
12plans, the cochairpersons do not notify the secretary that the joint committee on
13finance has scheduled a meeting for the purpose of reviewing the proposed plans, the
14department shall direct each Wisconsin works agency that submitted proposed plans
15to implement the plans. If, within 14 days, the co-chairs notify the secretary that
16they have scheduled a meeting for the purpose of reviewing the proposed plans, no
17Wisconsin works agency may implement its plan until the joint committee on finance
18approves the plan. Every January 31, the department shall submit to the joint
19committee on finance a report specifying the total amount expended in the previous
20year for the provision of credit establishment and credit repair assistance under this
21paragraph.
SB45, s. 1222
22Section
1222. 49.143 (2) (e) of the statutes is amended to read:
SB45,679,2523
49.143
(2) (e) To the extent permitted under federal law or waiver, certify
24eligibility for and issue food coupons
to eligible Wisconsin works participants in
25conformity with 7 USC 2011 to 2029 as provided in ss. 46.215 (1g) and 46.22 (1g).
SB45, s. 1223
1Section
1223. 49.143 (2) (em) of the statutes is renumbered 49.143 (2) (em) 1.
2and amended to read:
SB45,680,53
49.143
(2) (em) 1.
Determine Except as provided in subd. 2., determine 4eligibility for child care assistance under s. 49.155 and refer eligible families to
5county departments under s. 46.215, 46.22 or 46.23 for child care services.