SECTION 12. DCF 12.09 (1) (a) 1. and 2. are amended to read:
DCF 12.09 (1) (a) 1. Hires, employs, or contracts with a caregiver or congregate care worker or permits a nonclient resident to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) if the entity knows, or should know, that the caregiver, congregate care worker, or nonclient resident is barred under s. 48.685 (4m) (b) or that a nonclient resident is ineligible for residency under s. 48.685 (5m), Stats. 2. Violates any provision in s. 48.685, Stats., or this chapter regarding caregivers specified in s. DCF 12.02 (4) (b) or (c) or congregate care workers, including requiring completion of a background information disclosure as required under s. 48.685 (6), and conducting the caregiver background check as required under s. 48.685 (2) and (3), Stats. SECTION 13. DCF 12.10 (1) (b) is amended to read:
DCF 12.10 (1) (b) A person who is, or is expected to be, a caregiver specified in s. DCF 12.02 (4) (b) or a congregate care worker for an entity that is regulated by the agency. SECTION 14. DCF 12.11 (intro.) is amended to read:
DCF 12.11 Eligibility to request rehabilitation review. (intro.) A person who is not eligible under s. 48.685 (4m), Stats., to receive regulatory approval, to be employed as a caregiver or a congregate care worker, to contract with an entity to be a caregiver or a congregate care worker, or to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) may request a rehabilitation review, unless any of the following apply: SECTION 15. DCF 12.13 (4) (intro.) and (5) (c) 1. b. and 3. b. are amended to read:
DCF 12.13 (4) Rehabilitation decision factors. (intro.) After reviewing the information obtained, the review panel shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that he or she the person is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity or with a caregiver specified in s. DCF 12.02 (4) (c). The panel shall consider at least the following factors, as applicable: (5) (c) 1. b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.
3. b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.
SECTION 16. DCF 12.14 (1) (b), (2), and (3) are amended to read:
DCF 12.14 (1) (b) A person who appeals under this subsection shall bear the burden of proving, by a preponderance of the evidence, that the rehabilitation review panel for the agency erroneously exercised its discretion in deciding that the person did not show sufficient evidence to demonstrate that he or she the person is rehabilitated.
(2) A person who receives an adverse decision from the secretary of the department or his or her the secretary’s designee under sub. (1) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the written decision by the department. (3) A person who receives an adverse decision from a county department director or his or her the director’s designee has the right to appeal the decision under ch. 68, Stats. SECTION 17. DCF 12.15 (4) and (5) are amended to read:
DCF 12.15 (4) Withdrawal notice. If an agency withdraws a rehabilitation approval, it shall issue a written notice that explains the reasons for the withdrawal and informs the person whose approval has been withdrawn that he or she may an appeal as provided in is available under s. DCF 12.14. (5) Reporting to the department. If an agency withdraws rehabilitation approval and the withdrawal results in a bar to regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity, the agency that withdraws the rehabilitation approval shall immediately report the withdrawal to the department.
SECTION 18. DCF 12.16 (3) is amended to read:
DCF 12.16 (3) Ineligibility or denial. If an agency determines that a person’s previous rehabilitation approval may not be accepted under sub. (1) or the agency denies an eligible rehabilitation approval under sub. (2) (c), the agency shall inform the person of his or her the right to submit an application for a new rehabilitation review under s. DCF 12.12 and shall process a submitted application under s. DCF 12.13. SECTION 19. DCF 13.02 (14) (b) is amended to read:
DCF 13.02 (14) (b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., 2011 Stats., if the determination has not been reversed or modified on appeal. SECTION 20. DCF 39.03 (3) is repealed.
SECTION 21. DCF 39.03 (14) (b) is amended to read:
DCF 39.03 (14) (b) A hospital social worker, as described in s. DCF 124.25, case worker, or social work assistant. SECTION 22. DCF 39.08 (6) is amended to read:
DCF 39.08 (6) Nothing in this chapter shall affect the manner in which a law enforcement officer, emergency medical technician, or hospital staff member performs the duties prescribed by law or under his or her licensure or certification.
SECTION 23. DCF 39.09 (5) is repealed and recreated to read:
DCF 39.09 (5) If required under s. 48.981 (3), Stats., a law enforcement officer notified under sub. (4) shall make a referral to a county department or the department in a county having a population of 750,000 or more. SECTION 24. DCF 40.02 (3) is amended to read:
DCF 40.02 (3) “Agency” means a county department under s. 46.22 or 46.23, Stats., or in a county having a population of 500,000 750,000 or more, the department or a licensed child welfare agency that is under contract with the department to fulfill the department’s duties specified under s. 48.981 (3) (c) 5m., Stats. SECTION 25. DCF 40.04 (3) (b) 3. c. and 4. and (c) 2. are amended to read:
DCF 40.04 (3) (b) 3. c. The person is enrolled in an academic program that leads to license, certification, or employment or contract position that will be subject to the background check requirements under s. 48.685 or 50.065, Stats., and the person can be expected to complete the academic program within 150 days after the date of his or her the request for a hearing with the division of hearings and appeals. 4. A person who requests that the division of hearings and appeals expedite his or her the appeal shall indicate the request on his or her the request for a hearing and provide documentation that a qualifying condition under subd. 3. applies to him or her.
(c) 2. The person may request a review to demonstrate that he or she the person has been rehabilitated.
SECTION 26. DCF 50.02 (11) (b) is amended to read:
DCF 50.02 (11) (b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., 2011 Stats., if the determination has not been reversed or modified on appeal. SECTION 27. DCF 52.01 is amended to read:
DCF 52.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to ensure that residential care centers for children and youth protect and promote the health, safety and welfare of residents, respect the rights of individual residents, provide the most appropriate conditions possible for each resident, help each resident develop socially acceptable patterns of behavior, develop resident treatment plans consistent with the state’s permanency planning policy to support the integrity of the family, and help each resident return as quickly as possible to his or her the resident’s family or achieve permanency through adoption or guardianship. This chapter is also promulgated under the authority of s. 49.343, Stats., to establish the rate that a residential care center may charge for its services and to promote efficient provision of services. SECTION 28. DCF 52.03 (1) is amended to read:
DCF 52.03 (1) “Aftercare” means follow-up services provided to a young person after he or she the young person is discharged from a center.
SECTION 29. DCF 52.12 (6) (a) 4. is amended to read:
DCF 52.12 (6) (a) 4. The center director shall ensure that when a supervisor is absent, each staff member supervised by that person knows to whom he or she the staff member reports.
SECTION 30. DCF 52.21 (6), (7) (a), (b), and (c), and (8) (b) are amended to read:
DCF 52.21 (6) Pre-placement visit. A center shall arrange, whenever possible, with the placing person or agency for a pre-placement visit for the prospective resident and, whenever possible, shall invite the parent or guardian to participate. During a pre-placement visit, center staff shall provide the prospective resident and his or her the prospective resident’s parent or guardian with an orientation to the center’s program.
(7) (a) Orient the new resident and his or her the resident’s parent or guardian and legal custodian to the center’s facilities and program, if this was not done under sub. (6).
(b) Help the new resident to adjust to the effects of separation from his or her family and to center placement.
(c) Give the new resident and his or her the resident’s parent or guardian and legal custodian copies of the house rules, including rules on visiting, expected behavior and sanctions for misbehaving and resident rights and grievance and complaint procedures, with explanations of them.
(8) (b) Observation. An observation shall be made on each person at the time of his or her admission to the center by a person capable of recognizing common signs of communicable disease or other evidence of ill health. If the person admitted shows overt signs of communicable disease or other evidence of ill health, the center shall make arrangements for immediate examination by a physician. If the person admitted has a risk of having a sexually transmitted disease because of recent sexual abuse history or sexual activity, the center shall immediately consult with a physician and follow whatever precautionary measures are recommended by the physician and shall make arrangements for examination by a physician to take place as soon as possible.
SECTION 31. DCF 52.22 (2) (b) 1. and 5. are amended to read:
DCF 52.22 (2) (b) 1. The resident’s treatment goals and permanency planning goals which specify whether the resident is to return as quickly as possible to his or her the resident’s family or attain another placement providing long-term stability.
5. Identification of services and their arrangements on behalf of the resident and his or her the resident’s family.
SECTION 32. DCF 52.23 (2) (c) is amended to read:
DCF 52.23 (2) (c) The center shall ensure that at discharge a resident’s personal clothing and belongings go with him or her the resident.
SECTION 33. DCF 52.41 (1) (c) 8. is repealed and recreated to read:
DCF 52.41 (1) (c) 8. An explanation of any medical treatment that a resident will receive that is provided to the resident in language that is suitable to the resident’s age and developmental level.
SECTION 34. DCF 52.42 (7) (d) 4. is amended to read:
DCF 52.42 (7) (d) 4. Except as otherwise specified in a court order or by another lawful authority, the The resident’s parent or guardian or the legal custodian may withdraw his or her the written informed consent to the resident being placed in a locked unit at any time, orally or in writing. The Except as otherwise specified in a court order or by another lawful authority, the resident shall be transferred to an unlocked unit promptly following withdrawal of informed consent.
SECTION 35. DCF 52.48 (1) (b) is amended to read:
DCF 52.48 (1) (b) Furnish each resident with appropriate size clothing, appropriate to the season and comparable to that of children of similar age in the community, and arrange for each resident to participate in the selection and purchase of his or her the resident’s own clothing to the maximum extent feasible. Each resident’s clothing shall be identified as his or her the resident’s own.
SECTION 36. DCF 52.58 (2) (b) is amended to read:
DCF 52.58 (2) (b) “Short-term resident readmission” means a short-term resident whose readmission to the center for another short-term stay occurs less than 90 days from his or her after a previous discharge from that center and whose stay at the center may be of varying periodic episodes within a 90-day period.
SECTION 37. DCF 52.59 (5) (d) 2. and (7) (b) 2. are amended to read:
