AB64: Bill Text

AB64,425,15 (b) Beginning in the 2017-19 fiscal biennium and thereafter, counties shall cooperate with the department to determine an equitable funding methodology and county contribution mechanism for contribution for the disabled children's long-term support program under par. (a) and to ensure that county contributions determined by the department are expended for the disabled children's long-term support program in the counties.

AB64,767 Section 767. 46.995 (2r) of the statutes is created to read:

AB64,425,18 46.995 (2r) The department may contract with a county or a group of counties to deliver disabled children's long-term support program services.

AB64,768 Section 768. 48.13 (3) of the statutes is amended to read:

AB64,425,22 48.13 (3) Who has been the victim of abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e), (f), or (b) to (g), including injury that is self-inflicted or inflicted by another;

AB64,769 Section 769. 48.13 (3m) of the statutes is amended to read:

AB64,426,2 48.13 (3m) Who is at substantial risk of becoming the victim of abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e), (f), or (b) to (g), including injury that is self-inflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse;

AB64,770 Section 770. 48.535 of the statutes is created to read:

AB64,426,10 48.535 Text message-based intervention for early education pilot program. (1) The department of children and families, in coordination with the department of public instruction, shall establish a pilot program for improving early literacy and parental involvement in education for 4-year-old preschool students enrolled in head start programs using text message-based intervention. The departments shall enter into a memorandum of understanding that details the role of each department in establishing the pilot program.

AB64,426,11 (2) This section does not apply after June 30, 2020.

AB64,771 Section 771. 48.546 of the statutes is created to read:

AB64,426,18 48.546 Text message-based intervention pilot program for higher education. (1) The department of children and families, in cooperation with the department of public instruction, shall develop and implement a pilot program to test the effectiveness and scalability of text message-based interventions aimed at increasing the share of college-intending high school seniors who successfully enroll in a postsecondary educational institution.

AB64,426,22 (2) The department of children and families and department of public instruction shall enter into a memorandum of understanding that details the role of each department in developing and implementing the pilot program and conducting an evaluation at the end of the program.

AB64,427,2 (3) In fiscal years 2018-19 and 2019-20, the department shall provide competitive grants to eligible school districts to administer the text message-based intervention program. The department shall provide access to a message delivery platform at no cost to eligible school districts, and grants may be used to offset a portion of school or school district costs associated with the intervention program.

AB64,427,6 (4) The department of children and families, in cooperation with the department of public instruction, shall publish guidelines for the competitive grant process described under sub. (3), including guidelines for how to apply, who is eligible, and selection criteria.

AB64,772 Section 772. 48.563 (2) of the statutes is amended to read:

AB64,427,11 48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $68,264,800 $70,630,800 in fiscal year 2015-16 2017-18 and $68,327,900 $74,712,400 in fiscal year 2016-17 2018-19.

AB64,773 Section 773. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB64,427,21 48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $226 $238 per month beginning on January 1, 2014 2018, and $232 $244 per month beginning on January 1, 2015 2019, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB64,774 Section 774. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB64,428,7 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $226 $238 per month beginning on January 1, 2014 2018, and $232 $244 per month beginning on January 1, 2015 2019, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

AB64,775 Section 775. 48.62 (4) of the statutes is amended to read:

AB64,429,4 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2014 2018, the rates are $226 $238 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $375 $394 for a child under 5 years of age; $410 $431 for a child 5 to 11 years of age; $466 $490 for a child 12 to 14 years of age; and $487 $511 for a child 15 years of age or over. Beginning on January 1, 2015 2019, the rates are $232 $244 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $384 $404 for a child under 5 years of age; $420 $442 for a child 5 to 11 years of age; $478 $502 for a child 12 to 14 years of age; and $499 $524 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

AB64,776 Section 776. 48.65 (1) of the statutes is amended to read:

AB64,429,13 48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a child care center from the department. To obtain a license under this subsection to operate a child care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685 48.686, and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB64,777 Section 777. 48.651 (1) (intro.) of the statutes is amended to read:

AB64,430,2 48.651 (1) (intro.) Except as provided in s. 49.155 (4) (c), no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive payment for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 sub. (1d), by the department in a county having a population of 750,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 sub. (1d), meet the requirements specified in s. 48.685 48.686, and pay the fee specified in sub. (2). The department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of child care providers:

AB64,778 Section 778. 48.651 (1) (a) of the statutes is amended to read:

AB64,430,7 48.651 (1) (a) Level I certified family child care providers, as established by the department under s. 49.155 sub. (1d). No provider may be certified under this paragraph if the provider is a relative of all of the children for whom the provider provides care.

AB64,779 Section 779. 48.651 (1) (b) of the statutes is amended to read:

AB64,430,10 48.651 (1) (b) Level II certified family child care providers, as established by the department under s. 49.155 sub. (1d).

AB64,780 Section 780. 48.651 (1d) (b) of the statutes is created to read:

AB64,430,21 48.651 (1d) (b) 1. A level I certified family child care provider shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the date of certification. A level II certified family child care provider or an employee or volunteer of a level I or level II certified family child care provider who is not the primary provider of care and supervision for children shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the end of the orientation period available under 42 USC 9858c (c) (2) (I) (i) (XI). The health and safety training required under this subdivision shall include training in all of the following topics:

AB64,430,23 a. The prevention and control of infectious diseases, including by means of immunizations.

AB64,430,25 b. The prevention of sudden infant death syndrome and use of safe sleeping practices.

AB64,431,1 c. The administration of medication, consistent with parental consent.

AB64,431,3 d. The prevention of and response to emergencies due to allergic reactions to food or other allergens.

AB64,431,6 e. Building and physical premises safety, including identification of and protection from electrical hazards, bodies of water, vehicular traffic, and other hazards that can cause bodily injury.

AB64,431,7 f. The prevention of shaken baby syndrome and abusive head trauma.

AB64,431,9 g. Emergency preparedness and response planning for emergencies resulting from natural disaster or human-caused events.

AB64,431,11 h. The handling and storage of hazardous materials and the appropriate disposal of biocontaminants.

AB64,431,12 i. If applicable, appropriate precautions in transporting children.

AB64,431,13 j. First aid and cardiopulmonary resuscitation.

AB64,431,16 2. A child care provider or employee or volunteer of a child care provider shall also complete ongoing in-service training on an annual basis including training on the topics listed under subd. 1. a. to j.

AB64,781 Section 781. 48.651 (2) of the statutes is amended to read:

AB64,432,3 48.651 (2) The department in a county having a population of 750,000 or more or a county department shall certify child care providers under sub. (1) or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, Indian tribe, or other agency to certify child care providers under sub. (1) in a particular geographic area or for a particular Indian tribal unit. The department in a county having a population of 750,000 or more or a county department that certifies child care providers under sub. (1) may charge a fee to cover the costs of certifying those providers. An agency or Indian tribe contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying child care providers.

AB64,782 Section 782. 48.651 (2m) of the statutes is repealed.

AB64,783 Section 783. 48.651 (3) (a) of the statutes is amended to read:

AB64,432,17 48.651 (3) (a) If a child care provider certified under sub. (1) is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime, as defined in s. 48.686 (1) (c), on or after his or her 12th 10th birthday, or if the department provides written notice of a decision under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible for certification, employment, or residence at the child care provider, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall revoke the certification of the child care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.

AB64,784 Section 784. 48.651 (3) (b) of the statutes is amended to read:

AB64,433,5 48.651 (3) (b) If a child care provider certified under sub. (1) is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall immediately suspend the certification of the child care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be certified under sub. (1).

AB64,785 Section 785. 48.66 (1) (a) of the statutes is amended to read:

AB64,433,20 48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and child care centers, as required by s. 48.65. The department may license foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department may supervise a child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes in which children are placed. The department may also inspect the records and visit the premises of all child care programs established or contracted for under s. 120.13 (14) that receive payment under s. 49.155 for the child care provided.

AB64,786 Section 786. 48.66 (5) of the statutes is amended to read:

AB64,434,11 48.66 (5) A child welfare agency, group home, child care center, or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under s. 48.67 are met, the application is approved, the applicable fees referred to in ss. 48.68 (1) and, 48.685 (8), and 48.686 (2) (ag) are paid, and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 48.715 (4) and (4m) (b).

AB64,787 Section 787. 48.68 (1) of the statutes is amended to read:

AB64,435,3 48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685, if or 48.686, whichever is applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a), or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.

AB64,788 Section 788. 48.685 (1) (ag) 1. b. of the statutes is amended to read:

AB64,435,8 48.685 (1) (ag) 1. b. A person who has, or is seeking, a license, certification or contract to operate an entity, who is receiving, or is seeking, payment under s. 48.623 (6) (am) for operating an entity, or who is seeking payment under s. 48.623 (6) (bm) for operating an entity.

AB64,789 Section 789. 48.685 (1) (am) of the statutes is renumbered 48.685 (1) (am) (intro.) and amended to read:

AB64,435,13 48.685 (1) (am) (intro.) “Client" means a person who receives direct care or treatment services from an entity or from a caregiver specified in par. (ag) 1. am. or from a child care program under s. 48.686 (1) (aj), including all of the following:

AB64,790 Section 790. 48.685 (1) (am) 1., 2. and 3. of the statutes are created to read:

AB64,435,16 48.685 (1) (am) 1. An adopted child for whom adoption assistance payments are being made under s. 48.975.

AB64,435,18 2. A child for whom subsidized guardianship payments are being made under s. 48.623.

AB64,435,21 3. A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a), is no longer placed in out-of-home care, and is residing in the foster home in which he or she was previously placed.

AB64,791 Section 791. 48.685 (1) (b) of the statutes is amended to read:

AB64,436,8 48.685 (1) (b) “Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; an interim caretaker to whom subsidized guardianship payments are made under s. 48.623 (6); a person who is proposed to be named as a successor guardian in a successor subsidized guardianship agreement under s. 48.623 (2); a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; an organization that facilitates delegations of the care and custody of children under s. 48.979; or a temporary employment agency that provides caregivers to another entity.

AB64,792 Section 792 . 48.685 (1) (bm) of the statutes is amended to read:

AB64,436,14 48.685 (1) (bm) “Nonclient resident" means a person, including a person who is under 18 years of age, but not under 10 years of age, who resides, or is expected to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a client of the entity or caregiver, and who has, or is expected to have, regular, direct contact with clients of the entity or caregiver.

AB64,793 Section 793. 48.685 (1) (c) 3m. of the statutes is repealed.

AB64,794 Section 794. 48.685 (1) (c) 4. of the statutes is amended to read:

AB64,436,19 48.685 (1) (c) 4. A violation of the law of any other state or United States jurisdiction that would be a violation listed in subd. 1., 2., or 3., or 3m. if committed in this state.

AB64,795 Section 795. 48.685 (2) (am) (intro.) of the statutes is amended to read:

AB64,437,2 48.685 (2) (am) (intro.) The department, a county department, an agency contracted with under s. 48.651 (2), or a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., or a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a child care provider that is certified under s. 48.651:

AB64,796 Section 796. 48.685 (2) (am) 5. of the statutes is amended to read:

AB64,437,17 48.685 (2) (am) 5. Information maintained by the department of health services under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.651 (2m), 48.75 (1m), and 48.979 (1) (b), and 120.13 (14) regarding any denial to the person of a license, or continuation or renewal of a license , certification, or a contract to operate an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, or continuation or renewal of a license, certification, a contract, payments, employment, a contract, or permission to reside as described in this subdivision, the department, a county department, an agency contracted with under s. 48.651 (2), or a child welfare agency, or a school board need not obtain the information specified in subds. 1. to 4.

AB64,797 Section 797. 48.685 (2) (ar) of the statutes is repealed.

AB64,798 Section 798. 48.685 (2) (b) 1. (intro.), a., b., c. and d. of the statutes are renumbered 48.685 (2) (b) (intro.), 1m., 2m., 3m. and 4m.

AB64,799 Section 799. 48.685 (2) (b) 1. e. of the statutes is renumbered 48.685 (2) (b) 5m. and amended to read:

AB64,438,10 48.685 (2) (b) 5m. Information maintained by the department of health services under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.651 (2m), 48.75 (1m), and 48.979 (1) (b), and 120.13 (14) regarding any denial to the person of a license, or continuation or renewal of a license, certification, or a contract to operate an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, payments, employment, or permission to reside as described in this subd. 1. e. subdivision, the entity need not obtain the information specified in subd. 1. a. to d. subds. 1m. to 4m.

AB64,800 Section 800. 48.685 (2) (b) 2. of the statutes is repealed.

AB64,801 Section 801. 48.685 (2) (b) 4. of the statutes is repealed.

AB64,802 Section 802. 48.685 (2) (bb) of the statutes is amended to read:

AB64,439,7 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB64,803 Section 803. 48.685 (2) (bd) of the statutes is amended to read:

AB64,439,25 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county department, an agency contracted with under s. 48.651 (2), or a child welfare agency, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e. 1m. to 5m., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed at, contracted with, or permitted to reside at an entity or permitted to reside with a caregiver specified under sub. (1) (ag) 1. am. of the entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, county department, contracted agency, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, an agency contracted with under s. 48.651 (2), or a child welfare agency, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

AB64,804 Section 804. 48.685 (2) (bg) of the statutes is amended to read:

AB64,440,10 48.685 (2) (bg) If an entity employs or contracts with a caregiver for whom, within the last year, the information required under par. (b) 1. a. to c. and e. 1m. to 3m. and 5m. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. 1m. to 3m. and 5m. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e. 1m. to 3m. and 5m.

AB64,805 Section 805. 48.685 (2) (bm) of the statutes is amended to read: