AB75,566,1712 48.627 (4) Except as provided in s. 895.485, the department is not liable for any
13act or omission by or affecting a child who is placed in a foster home, treatment foster
14home,
or family-operated group home, but shall, as provided in this section, pay
15claims described under sub. (2m) and may pay claims described under sub. (2s) or
16may purchase insurance to cover such claims as provided for under sub. (2c), within
17the limits of the appropriations under s. 20.437 (1) (cf) and (pd).
AB75, s. 1036 18Section 1036. 48.627 (5) of the statutes is amended to read:
AB75,566,2319 48.627 (5) The attorney general may represent a foster , treatment foster or
20family-operated group home parent in any civil action arising out of an act or
21omission of the foster, treatment foster or family-operated group home parent while
22acting in his or her capacity as a foster, treatment foster or family-operated group
23home parent.
AB75, s. 1037 24Section 1037. 48.63 (1) of the statutes is amended to read:
AB75,567,24
148.63 (1) Acting under court order or voluntary agreement, the child's parent
2or guardian or the department, the department of corrections, a county department,
3or a child welfare agency licensed to place children in foster homes , treatment foster
4homes,
or group homes may place a child or negotiate or act as intermediary for the
5placement of a child in a foster home, treatment foster home, or group home.
6Voluntary agreements under this subsection may not be used for placements in
7facilities other than foster, treatment foster, homes or group homes and may not be
8extended. A foster home or treatment foster home placement under a voluntary
9agreement may not exceed 180 days from the date on which the child was removed
10from the home under the voluntary agreement. A group home placement under a
11voluntary agreement may not exceed 15 days from the date on which the child was
12removed from the home under the voluntary agreement, except as provided in sub.
13(5). These time periods do not apply to placements made under s. 48.345, 938.183,
14938.34, or 938.345. Voluntary agreements may be made only under this subsection
15and sub. (5) (b) and shall be in writing and shall specifically state that the agreement
16may be terminated at any time by the parent or guardian or by the child if the child's
17consent to the agreement is required. The child's consent to the agreement is
18required whenever the child is 12 years of age or older. If a county department, the
19department, or the department of corrections places a child or negotiates or acts as
20intermediary for the placement of a child under this subsection, the voluntary
21agreement shall also specifically state that the county department, department, or
22department of corrections has placement and care responsibility for the child as
23required under 42 USC 672 (a) (2) and has primary responsibility for providing
24services to the child.
AB75, s. 1038 25Section 1038. 48.63 (3) (b) 2. of the statutes is amended to read:
AB75,568,4
148.63 (3) (b) 2. The department, a county department under s. 48.57 (1) (e) or
2(hm), or a child welfare agency licensed under s. 48.60 may place a child under subd.
31. in the home of a proposed adoptive parent or parents who reside in this state if that
4home is licensed as a foster home or treatment foster home under s. 48.62.
AB75, s. 1039 5Section 1039. 48.63 (4) of the statutes is amended to read:
AB75,568,166 48.63 (4) A permanency plan under s. 48.38 is required for each child placed
7in a foster home or treatment foster home under sub. (1). If the child is living in a
8foster home or treatment foster home under a voluntary agreement, the agency that
9negotiated or acted as intermediary for the placement shall prepare the permanency
10plan within 60 days after the date on which the child was removed from his or her
11home under the voluntary agreement. A copy of each plan shall be provided to the
12child if he or she is 12 years of age or over and to the child's parent or guardian. If
13the agency that arranged the voluntary placement intends to seek a court order to
14place the child outside of his or her home at the expiration of the voluntary
15placement, the agency shall prepare a revised permanency plan and file that revised
16plan with the court prior to the date of the hearing on the proposed placement.
AB75, s. 1040 17Section 1040. 48.64 (title) of the statutes is amended to read:
AB75,568,19 1848.64 (title) Placement of children in foster homes, treatment foster
19homes
and group homes.
AB75, s. 1041 20Section 1041. 48.64 (1) of the statutes is amended to read:
AB75,568,2421 48.64 (1) Definition. In this section, "agency" means the department, the
22department of corrections, a county department, or a licensed child welfare agency
23authorized to place children in foster homes, treatment foster homes, or group
24homes.
AB75, s. 1042 25Section 1042. 48.64 (1m) of the statutes is amended to read:
AB75,569,19
148.64 (1m) Foster home, treatment foster home and group home agreements.
2If an agency places a child in a foster home, treatment foster home or group home
3under a court order or voluntary agreement under s. 48.63, the agency shall enter
4into a written agreement with the head of the home. The agreement shall provide
5that the agency shall have access at all times to the child and the home, and that the
6child will be released to the agency whenever, in the opinion of the agency placing
7the child or the department, the best interests of the child require it release to the
8agency
. If a child has been in a foster home, treatment foster home or group home
9for 6 months or more, the agency shall give the head of the home written notice of
10intent to remove the child, stating the reasons for the removal. The child may not
11be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or
1230 days after the receipt of the notice, whichever is later, unless the safety of the child
13requires it or, in a case in which the reason for removal is to place the child for
14adoption under s. 48.833, unless all of the persons who have the right to request a
15hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed
16removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If
17an agency removes a child from an adoptive placement, the head of the home shall
18have no claim against the placing agency for the expense of care, clothing, or medical
19treatment.
AB75, s. 1043 20Section 1043. 48.64 (1r) of the statutes is amended to read:
AB75,569,2521 48.64 (1r) Notification of school district. When an agency places a
22school-age child in a foster home, a treatment foster home or a group home, the
23agency shall notify the clerk of the school district in which the foster home, treatment
24foster home
or group home is located that a school-age child has been placed in a
25foster home, treatment foster home or group home in the school district.
AB75, s. 1044
1Section 1044. 48.64 (2) of the statutes is amended to read:
AB75,570,42 48.64 (2) Supervision of foster home , treatment foster home and group home
3placements.
Every child in a foster home, treatment foster home or group home shall
4be under the supervision of an agency.
AB75, s. 1045 5Section 1045. 48.64 (4) (a) of the statutes is amended to read:
AB75,571,126 48.64 (4) (a) Any decision or order issued by an agency that affects the head of
7a foster, treatment foster or group home or the children involved may be appealed to
8the department under fair hearing procedures established under department rules.
9The department shall, upon receipt of an appeal, give the head of the home
10reasonable notice and opportunity for a fair hearing. The department may make
11such any additional investigation as that the department considers necessary. The
12department shall give notice of the hearing to the head of the home and to the
13departmental subunit, county department, or child welfare agency that issued the
14decision or order. Each person receiving notice is entitled to be represented at the
15hearing. At all hearings conducted under this subsection, the head of the home, or
16a representative of the head of the home, shall have an adequate opportunity,
17notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at
18the hearing at a reasonable time before the date of the hearing as well as during the
19hearing, to bring witnesses, to establish all pertinent facts and circumstances, and
20to question or refute any testimony or evidence, including opportunity to confront
21and cross-examine adverse witnesses. The department shall grant a continuance
22for a reasonable period of time when an issue is raised for the first time during a
23hearing. This requirement may be waived with the consent of the parties. The
24decision of the department shall be based exclusively on evidence introduced at the
25hearing. A transcript of testimony and exhibits, or an official report containing the

1substance of what transpired at the hearing, together with all papers and requests
2filed in the proceeding, and the findings of the hearing examiner shall constitute the
3exclusive record for decision by the department. The department shall make the
4record available at any reasonable time and at an accessible place to the head of the
5home or his or her representative. Decisions by the department shall specify the
6reasons for the decision and identify the supporting evidence. No person
7participating in an agency action being appealed may participate in the final
8administrative decision on that action. The department shall render its decision as
9soon as possible after the hearing and shall send a certified copy of its decision to the
10head of the home and to the departmental subunit, county department , or child
11welfare agency that issued the decision or order. The decision shall be binding on all
12parties concerned.
AB75, s. 1046 13Section 1046. 48.64 (4) (c) of the statutes is amended to read:
AB75,571,2414 48.64 (4) (c) The circuit court for the county where the dispositional order
15placing a child in a foster home, treatment foster home, or group home was entered
16or the voluntary agreement under s. 48.63 so placing a child was made has
17jurisdiction upon petition of any interested party over a child who is placed in a foster
18home, treatment foster home, or group home. The circuit court may call a hearing,
19at which the head of the home and the supervising agency under sub. (2) shall be
20present, for the purpose of reviewing any decision or order of that agency involving
21the placement and care of the child. If the child has been placed in a foster home, the
22foster parent may present relevant evidence at the hearing. The petitioner has the
23burden of proving by clear and convincing evidence that the decision or order issued
24by the agency is not in the best interests of the child.
AB75, s. 1047 25Section 1047. 48.645 (1) (a) of the statutes is amended to read:
AB75,572,11
148.645 (1) (a) The child is living in a foster home or treatment foster home
2licensed under s. 48.62 if a license is required under that section, in a foster home
3or treatment foster home located within the boundaries of a federally recognized
4American Indian reservation in this state and licensed by the tribal governing body
5of the reservation, in a group home licensed under s. 48.625, in a subsidized
6guardianship home under s. 48.62 (5), or in a residential care center for children and
7youth licensed under s. 48.60, and has been placed in the foster home, treatment
8foster home,
group home, subsidized guardianship home, or center by a county
9department under s. 46.215, 46.22, or 46.23, by the department, or by a federally
10recognized American Indian tribal governing body in this state under an agreement
11with a county department under s. 46.215, 46.22, or 46.23.
AB75, s. 1048 12Section 1048. 48.645 (2) (a) 1. of the statutes is amended to read:
AB75,573,213 48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
14home or treatment foster home having a license under s. 48.62, in a foster home or
15treatment foster home
located within the boundaries of a federally recognized
16American Indian reservation in this state and licensed by the tribal governing body
17of the reservation, or in a group home licensed under s. 48.625,; a subsidized
18guardian or interim caretaker under s. 48.62 (5) who cares for the dependent child,;
19or a minor custodial parent who cares for the dependent child,; regardless of the
20cause or prospective period of dependency. The state shall reimburse counties
21pursuant to the procedure under s. 48.569 (2) and the percentage rate of
22participation set forth in s. 48.569 (1) (d) for aid granted under this section except
23that if the child does not have legal settlement in the granting county, state
24reimbursement shall be at 100%. The county department under s. 46.215, 46.22, or
2546.23 or the department under s. 48.48 (17) shall determine the legal settlement of

1the child. A child under one year of age shall be eligible for aid under this subsection
2irrespective of any other residence requirement for eligibility within this section.
AB75, s. 1049 3Section 1049. 48.645 (2) (a) 3. of the statutes is amended to read:
AB75,573,134 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
5the department, when the child is placed in a licensed foster home, treatment foster
6home,
group home, or residential care center for children and youth or in a subsidized
7guardianship home by a licensed child welfare agency or by a federally recognized
8American Indian tribal governing body in this state or by its designee, if the child is
9in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the
10department under s. 48.48 (17) or if the child was removed from the home of a relative
11as a result of a judicial determination that continuance in the home of the relative
12would be contrary to the child's welfare for any reason and the placement is made
13under an agreement with the county department or the department.
AB75, s. 1050 14Section 1050. 48.645 (2) (a) 4. of the statutes is amended to read:
AB75,573,2315 48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home,
16or residential care center for children and youth or a subsidized guardianship home
17when the child is in the custody or guardianship of the state, when the child is a ward
18of an American Indian tribal court in this state and the placement is made under an
19agreement between the department and the tribal governing body, or when the child
20was part of the state's direct service case load and was removed from the home of a
21relative as a result of a judicial determination that continuance in the home of a
22relative would be contrary to the child's welfare for any reason and the child is placed
23by the department.
AB75, s. 1051 24Section 1051. 48.645 (2) (b) of the statutes is amended to read:
AB75,574,8
148.645 (2) (b) Notwithstanding par. (a), aid under this section may not be
2granted for placement of a child in a foster home or treatment foster home licensed
3by a federally recognized American Indian tribal governing body, for placement of a
4child in a foster home, treatment foster home, group home, subsidized guardianship
5home, or residential care center for children and youth by a tribal governing body or
6its designee, or for the placement of a child who is a ward of a tribal court if the tribal
7governing body is receiving or is eligible to receive funds from the federal government
8for that type of placement.
AB75, s. 1052 9Section 1052. 48.65 (3) (a) of the statutes is amended to read:
AB75,574,2010 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day
11care center that provides care and supervision for 4 to 8 children, the day care center
12must pay to the department a biennial fee of $60.50. Before the department may
13issue a license under sub. (1) to a day care center that provides care and supervision
14for 9 or more children, the day care center must pay to the department a biennial fee
15of $30.25, plus a biennial fee of $10.33 $16.94 per child, based on the number of
16children that the day care center is licensed to serve. A day care center that wishes
17to continue a license issued under sub. (1) shall pay the applicable fee under this
18paragraph by the continuation date of the license. A new day care center shall pay
19the applicable fee under this paragraph no later than 30 days before the opening of
20the day care center.
AB75, s. 1053 21Section 1053. 48.651 (1) (intro.) of the statutes is amended to read:
AB75,575,1122 48.651 (1) (intro.) Each county department shall certify No person, other than
23a day care center licensed under s. 48.65 or established or contracted for under s.
24120.13 (14), may receive reimbursement for providing child care services for an
25individual who is determined eligible for a child care subsidy under s. 49.155 unless

1the person is certified
, according to the standards adopted by the department under
2s. 49.155 (1d), each day care provider reimbursed for child care services provided to
3families determined eligible under s. 49.155, unless the provider is a day care center
4licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each
5county may charge a fee to cover the costs of certification
by a county department or
6an agency with which the department contracts under sub. (2)
. To be certified under
7this section, a person must meet the minimum requirements for certification
8established by the department under s. 49.155 (1d), meet the requirements specified
9in s. 48.685, and pay the fee specified in this section. The county sub. (2). A county
10department or agency contracted with under sub. (2)
shall certify the following
11categories of day care providers:
AB75, s. 1054 12Section 1054. 48.651 (1) (a) of the statutes is amended to read:
AB75,575,1613 48.651 (1) (a) Level I certified family day care providers, as established by the
14department under s. 49.155 (1d). No county or agency contracted with under sub.
15(2)
may certify a provider under this paragraph if the provider is a relative of all of
16the children for whom he or she provides care.
AB75, s. 1055 17Section 1055. 48.651 (2) of the statutes is created to read:
AB75,576,218 48.651 (2) A county department shall certify day care providers under sub. (1)
19or the department may contract with a Wisconsin Works agency, as defined in s.
2049.001 (9), child care resource and referral agency, or other agency to certify day care
21providers under sub. (1) in a particular geographic area or for a particular Indian
22tribal unit. A county department that certifies day care providers under sub. (1) may
23charge a fee to cover the costs of certifying those providers. An agency contracted
24with under this subsection may charge a fee specified by the department to

1supplement the amount provided by the department under the contract for certifying
2day care providers.
AB75, s. 1056 3Section 1056. 48.651 (2m) of the statutes is amended to read:
AB75,576,64 48.651 (2m) Each county department or agency contracted with under sub. (2)
5shall provide the department of health services with information about each person
6who is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.
AB75, s. 1057 7Section 1057. 48.658 of the statutes is created to read:
AB75,576,16 848.658 Child care quality rating system. The department shall provide a
9child care quality rating system that rates the quality of the child care provided by
10a child care provider licensed under s. 48.65 that receives reimbursement under s.
1149.155 for the child care provided or that volunteers for rating under this section.
12The department shall make the rating information provided under that system
13available to the parents, guardians, and legal custodians of children who are
14recipients, or prospective recipients, of care and supervision from a child care
15provider that is rated under this section, including making that information
16available on the department's Internet site.
AB75, s. 1058 17Section 1058. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the
18statutes is amended to read:
AB75,576,1919 CHAPTER 48
AB75,576,2020 SUBCHAPTER XVI
AB75,576,2321 LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE
22AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP
23HOMES, DAY CARE CENTERS, AND COUNTY DEPARTMENTS
AB75, s. 1059 24Section 1059. 48.66 (1) (a) of the statutes is amended to read:
AB75,577,10
148.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
2license and supervise child welfare agencies, as required by s. 48.60, group homes,
3as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care
4centers, as required by s. 48.65. The department may license foster homes or
5treatment foster homes
, as provided by s. 48.62, and may license and supervise
6county departments in accordance with the procedures specified in this section and
7in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the
8records and visit the premises of all child welfare agencies, group homes, shelter care
9facilities, and day care centers and visit the premises of all foster homes and
10treatment foster homes
in which children are placed.
AB75, s. 1060 11Section 1060. 48.66 (1) (c) of the statutes is amended to read:
AB75,577,1712 48.66 (1) (c) A license issued under par. (a) or (b), other than a license to operate
13a foster home, treatment foster home, or secured residential care center for children
14and youth, is valid until revoked or suspended. A license issued under this
15subsection to operate a foster home, treatment foster home, or secured residential
16care center for children and youth may be for any term not to exceed 2 years from the
17date of issuance. No license issued under par. (a) or (b) is transferable.
AB75, s. 1061 18Section 1061. 48.67 (intro.) of the statutes is amended to read:
AB75,578,5 1948.67 Rules governing child welfare agencies, day care centers, foster
20homes,
treatment foster homes, group homes, shelter care facilities, and
21county departments.
(intro.) The department shall promulgate rules establishing
22minimum requirements for the issuance of licenses to, and establishing standards
23for the operation of, child welfare agencies, day care centers, foster homes, treatment
24foster homes,
group homes, shelter care facilities, and county departments. Those
25rules shall be designed to protect and promote the health, safety, and welfare of the

1children in the care of all licensees. The department shall consult with the
2department of commerce, the department of public instruction, and the child abuse
3and neglect prevention board before promulgating those rules. For foster homes,
4those rules shall include the rules promulgated under s. 48.62 (8).
Those rules shall
5include rules that require all of the following:
AB75, s. 1062 6Section 1062. 48.67 (4) of the statutes is created to read:
AB75,578,127 48.67 (4) That all foster parents and treatment foster parents successfully
8complete training in the care and support needs of children who are placed in foster
9care or treatment foster care that has been approved by the department. The
10department shall promulgate rules prescribing the training that is required under
11this subsection and shall monitor compliance with this subsection according to those
12rules.
AB75, s. 1063 13Section 1063. 48.675 (1) of the statutes is amended to read:
AB75,578,1814 48.675 (1) Development of program. The department shall develop a foster
15care education program to provide specialized training for persons operating family
16foster homes or treatment foster homes. Participation in the program shall be
17voluntary and shall be limited to persons operating foster homes or treatment foster
18homes
licensed under s. 48.62 and caring for children with special treatment needs.
AB75, s. 1064 19Section 1064. 48.675 (2) of the statutes is amended to read:
AB75,579,420 48.675 (2) Approval of programs. The department shall promulgate rules for
21approval of programs to meet the requirements of this section. Such Those programs
22may include, but need not be limited to: in-service training; workshops and
23seminars developed by the department or by county departments; seminars and
24courses offered through public or private education agencies; and workshops,
25seminars, and courses pertaining to behavioral and developmental disabilities and

1to the development of mutual support services for foster parents and treatment
2foster parents
. The department may approve programs under this subsection only
3after consideration of relevant factors including level of education, useful or
4necessary skills, location, and other criteria as determined by the department.
AB75, s. 1065 5Section 1065. 48.675 (3) (intro.) of the statutes is amended to read:
AB75,579,106 48.675 (3) Support services. (intro.) The department shall provide funds from
7the appropriation under s. 20.437 (1) (a) to enable foster parents and treatment foster
8parents
to attend education programs approved under sub. (2) and shall promulgate
9rules concerning disbursement of the funds. Moneys disbursed under this
10subsection may be used for the following purposes:
AB75, s. 1066 11Section 1066. 48.675 (3) (a) of the statutes is amended to read:
AB75,579,1312 48.675 (3) (a) Care of residents of the foster home or treatment foster home
13during the time of participation in an education program.
AB75, s. 1067 14Section 1067. 48.68 (1) of the statutes is amended to read:
AB75,580,515 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 employee
20of the applicant, that constitutes a substantial failure by the applicant or employee
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.
AB75, s. 1068 6Section 1068. 48.685 (1) (b) of the statutes is amended to read:
AB75,580,157 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
848.60 to provide care and maintenance for children, to place children for adoption,
9or to license foster homes or treatment foster homes; a foster home or treatment
10foster home
that is licensed under s. 48.62; a subsidized guardianship home under
11s. 48.62 (5);
a group home that is licensed under s. 48.625; a shelter care facility that
12is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or
13established or contracted for under s. 120.13 (14); a day care provider that is certified
14under s. 48.651; or a temporary employment agency that provides caregivers to
15another entity.
AB75, s. 1069 16Section 1069. 48.685 (2) (c) 1. of the statutes is amended to read:
AB75,580,2417 48.685 (2) (c) 1. If the person who is the subject of the search under par. (am)
18is seeking an initial license to operate a foster home or treatment foster home or is
19seeking relicensure after a break in licensure, the department, county department,
20or child welfare agency shall request under 42 USC 16962 (b) a fingerprint-based
21check of the national crime information databases, as defined in 28 USC 534 (f) (3)
22(A). The department, county department, or child welfare agency may release any
23information obtained under this subdivision only as permitted under 42 USC 16962
24(e).
AB75, s. 1070 25Section 1070. 48.685 (2) (c) 2. of the statutes is amended to read:
AB75,581,11
148.685 (2) (c) 2. If the person who is the subject of the search under par. (am)
2is seeking a license to operate a foster home or treatment foster home or is an adult
3nonclient resident of the foster home or treatment foster home and if the person is
4not, or at any time within the 5 years preceding the date of the search has not been,
5a resident of this state, the department, county department, or child welfare agency
6shall check any child abuse or neglect registry maintained by any state or other U.S.
7jurisdiction in which the person is a resident or was a resident within those 5 years
8for information that is equivalent to the information specified in par. (am) 4. The
9department, county department, or child welfare agency may not use any
10information obtained under this subdivision for any purpose other than a search of
11the person's background under par. (am).
AB75, s. 1071 12Section 1071. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
AB75,581,2113 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
14par. (ad) and sub. (5), the department may not license, or continue or renew the
15license of, a person to operate an entity, a county department or agency contracted
16with under s. 48.651 (2)
may not certify a day care provider under s. 48.651, a county
17department or a child welfare agency may not license, or renew the license of, a foster
18home or treatment foster home under s. 48.62, and a school board may not contract
19with a person under s. 120.13 (14), if the department, county department, contracted
20agency,
child welfare agency, or school board knows or should have known any of the
21following:
AB75, s. 1072 22Section 1072 . 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009
23Wisconsin Act .... (this act), is amended to read:
AB75,582,824 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
25par. (ad) and sub. (5), the department may not license, or continue or renew the

1license of, a person to operate an entity, a county department or agency contracted
2with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county
3department or a child welfare agency may not license, or renew the license of, a foster
4home or treatment foster home under s. 48.62, the department or a county
5department may not provide subsidized guardianship payments to a person under
6s. 48.62 (5),
and a school board may not contract with a person under s. 120.13 (14),
7if the department, county department, contracted agency, child welfare agency, or
8school board knows or should have known any of the following:
AB75, s. 1073 9Section 1073. 48.685 (4m) (ad) of the statutes is amended to read:
AB75,582,1610 48.685 (4m) (ad) The department, a county department , or a child welfare
11agency may license a foster home or treatment foster home under s. 48.62, a county
12department or agency contracted with under s. 48.651 (2) may certify a day care
13provider under s. 48.651, and a school board may contract with a person under s.
14120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am)
15indicating that the person is not ineligible to be licensed, certified or contracted with
16for a reason specified in par. (a) 1. to 5.
AB75, s. 1074 17Section 1074 . 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin
18Act .... (this act), is amended to read:
AB75,583,219 48.685 (4m) (ad) The department, a county department, or a child welfare
20agency may license a foster home or treatment foster home under s. 48.62, the
21department or a county department may provide subsidized guardianship payments
22to a person under s. 48.62 (5),
a county department or agency contracted with under
23s. 48.651 (2) may certify a day care provider under s. 48.651, and a school board may
24contract with a person under s. 120.13 (14), conditioned on the receipt of the

1information specified in sub. (2) (am) indicating that the person is not ineligible to
2be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.
AB75, s. 1075 3Section 1075. 48.685 (5) (a) of the statutes is amended to read:
AB75,583,174 48.685 (5) (a) Subject to par. (bm), the department may license to operate an
5entity, a county department or agency contracted with under s. 48.651 (2) may certify
6under s. 48.651, a county department or a child welfare agency may license under
7s. 48.62, and a school board may contract with under s. 120.13 (14) a person who
8otherwise may not be licensed, certified, or contracted with for a reason specified in
9sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at
10the entity a person who otherwise may not be employed, contracted with, or
11permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the
12person demonstrates to the department, the county department, the contracted
13agency,
the child welfare agency, or the school board or, in the case of an entity that
14is located within the boundaries of a reservation, to the person or body designated
15by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance
16with procedures established by the department by rule or by the tribe that he or she
17has been rehabilitated.
AB75, s. 1076 18Section 1076. 48.685 (5) (bm) (intro.) of the statutes is amended to read:
AB75,583,2319 48.685 (5) (bm) (intro.) For purposes of licensing a foster home or treatment
20foster home
for the placement of a child on whose behalf foster care maintenance
21payments under s. 48.62 (4) will be provided, no person who has been convicted of
22any of the following offenses may be permitted to demonstrate that he or she has been
23rehabilitated:
AB75, s. 1077 24Section 1077. 48.685 (5m) of the statutes is amended to read:
AB75,584,18
148.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
2a person to operate an entity, a county department or a child welfare agency may
3refuse to license a foster home or treatment foster home under s. 48.62, and an entity
4may refuse to employ or contract with a caregiver or permit a nonclient resident to
5reside at the entity if the person has been convicted of an offense that is not a serious
6crime, but that is, in the estimation of the department, county department, child
7welfare agency, or entity, substantially related to the care of a client.
8Notwithstanding s. 111.335, the department may refuse to license a person to
9operate a day care center, a county department or agency contracted with under s.
1048.651 (2)
may refuse to certify a day care provider under s. 48.651, a school board
11may refuse to contract with a person under s. 120.13 (14), a day care center that is
12licensed under s. 48.65 or established or contracted for under s. 120.13 (14), and a
13day care provider that is certified under s. 48.651 may refuse to employ or contract
14with a caregiver or permit a nonclient resident to reside at the day care center or day
15care provider if the person has been convicted of or adjudicated delinquent on or after
16his or her 12th birthday for an offense that is not a serious crime, but that is, in the
17estimation of the department, county department, contracted agency, school board,
18day care center, or day care provider, substantially related to the care of a client.
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