48.427 (1m) In addition to any evidence presented under sub. (1), the court shall permit give the foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the dispositional hearing, or to submit a written statement prior to disposition, relevant to the issue of disposition. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
237,151
Section 151
. 48.43 (1) (d) of the statutes is created to read:
48.43 (1) (d) A finding that the termination of parental rights is in the best interests of the child.
237,151m
Section 151m. 48.561 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.561 (3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 $29,446,800 in state fiscal year 1997‐98 for the provision of child welfare services in that county by the department.
237,151p
Section 151p. 48.561 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 1600d, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
48.561 (3) (a) A county having a population of 500,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department.
237,152m
Section 152m. 48.57 (3m) (ar) of the statutes is created to read:
48.57 (3m) (ar) The department shall promulgate rules to provide assessment criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am).
The rules shall include criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am) in cases in which the safety of the child is not an immediate concern, but placement of the child with the kinship care relative could avoid the need for more costly intervention services. The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.
237,153m
Section 153m. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Acts .... (Senate Bill 494) and .... (Assembly Bill 410), is amended to read:
48.66 (1) Except as provided under 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 day care centers, as required by s. 48.65. The department may license foster homes or treatment 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. Except as provided under s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. A license issued under this subsection, other than a license to operate a foster home, treatment foster home or secured child caring institution, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or secured child caring institution may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection is transferable.
237,154m
Section 154m. 48.66 (2) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:
48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.
237,155m
Section 155m. 48.66 (2m) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:
48.66 (2m) (a) The department of health and family services shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual, and the department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual, to provide that department with his or her the applicant's social security number, and shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to renew
continue the license.
(b) The department of health and family services and the department of corrections may not issue or renew continue a license specified in par. (a) under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to that department and may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department.
(c) The department of health and family services and the department of corrections may disclose a social security number may not disclose any information obtained under par. (a) only to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the department of workforce development under s. 49.22 (2m).
237,155p
Section 155p. 48.66 (2m) (am) of the statutes is created to read:
48.66 (2m) (am) The department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
237,155r
Section 155r. 48.66 (2m) (bm) of the statutes is created to read:
48.66 (2m) (bm) The department of corrections may not issue or renew a license under sub. (1) to operate a secured child caring institution to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department.
237,155t
Section 155t. 48.66 (2m) (cm) of the statutes is created to read:
48.66 (2m) (cm) The department of corrections may not disclose any information obtained under par. (am) to any person except on the request of the department of workforce development under s. 49.22 (2m).
237,156
Section 156
. 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (1) (a) “Client" means a child who receives direct care or treatment services from an entity.
237,157
Section 157
. 48.685 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
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 or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day care provider that is certified under s. 48.651.
237,157m
Section 157m. 48.685 (1) (bg) of the statutes is created to read:
48.685 (1) (bg) “Foster home" includes a placement for adoption under s. 48.833 of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.
237,157p
Section 157p. 48.685 (1) (d) of the statutes is created to read:
48.685 (1) (d) “Treatment foster home" includes a placement for adoption under s. 48.833 of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.
237,158
Section 158
. 48.685 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity or continue the license of a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a county department may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62 and a school board may not contract with a person under s. 120.13 (14), if the department, county department, child welfare agency or school board knows or should have known any of the following:
237,159
Section 159
. 48.685 (2) (ad) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (ad) A The department, a county department or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in par. (am) indicating that the person is not ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.
237,160
Section 160
. 48.685 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (am) (intro.) Subject to subd. 5.
and par. (bd), the department, a county department, a child welfare agency or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity:
237,161
Section 161
. 48.685 (2) (am) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (am) 5. Information maintained by the department under this section, and under section ss. 48.651 (2m) and under s., 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subdivision, the department, a county department, a child welfare agency or a school board need not obtain the information specified in subds. 1. to 4.
237,162
Section 162
. 48.685 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (b) 1. (intro.) Subject to subds. 1. e., and 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:
237,163
Section 163
. 48.685 (2) (b) 1. e. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (b) 1. e. Information maintained by the department under this section, and under section ss. 48.651 (2m) and under s., 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.
237,164
Section 164
. 48.685 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (2) (bd) and amended to read:
48.685 (2) (bd) Subdivision 1. does not apply Notwithstanding pars. (am) and (b) 1., the department, a county department, 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., 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, contracted with or permitted to reside at the an entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the department, county department, 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 the an entity for any of those reasons. This paragraph does not preclude the department, a county department, 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.
237,165
Section 165
. 48.685 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person
an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.
237,166
Section 166
. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed,
or contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under par. (am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.
237,167
Section 167
. 48.685 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and for all persons specified in par. (ag) (intro.) who are nonclient residents of an entity.
237,168
Section
168. 48.685 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.
237,169
Section 169
. 48.685 (3m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
237,170
Section 170
. 48.685 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (a) and amended to read:
48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency or the school board by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No
(b) For purposes other than licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
237,171
Section 171
. 48.685 (5) (a) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 1.
237,172
Section 172
. 48.685 (5) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 2.
237,174
Section 174
. 48.685 (5) (bm) of the statutes is created to read:
48.685 (5) (bm) For purposes of licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
1. An offense under ch. 948 that is a felony.
2. A violation of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.
3. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).
4. A violation of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).
237,175
Section 175
. 48.685 (5) (c) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 3.
237,176
Section 176
. 48.685 (5) (d) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 4.
237,177
Section 177
. 48.685 (5) (e) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 5.
237,178
Section 178
. 48.685 (5c) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department
or a child welfare agency that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.
237,179
Section 179
. 48.685 (5c) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (5c) (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under ch. 68.
237,180
Section 180
. 48.685 (5c) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.
237,181
Section 181
. 48.685 (5g) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (5g) Beginning on the first January 1 after the effective date of this subsection .... [revisor inserts date] 1999, and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate to the department that they have been rehabilitated under sub. (5) (a), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) (a) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.
237,182
Section 182
. 48.685 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department may refuse to certify a day care provider under s. 48.651, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, a school board may refuse to contract with a person under s. 120.13 (14), and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a “serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department, county department, child welfare agency, school board or entity, substantially related to the care of a client.
237,183
Section 183
. 48.685 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (6) (a) The department shall require any person who applies for issuance or, continuation or renewal of a license to operate an entity, a county department shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62 and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
237,184
Section 184
. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (6) (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, by the department, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for For persons specified under par. (a) who are licensed or certified by a county department, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed or certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department. For persons specified under par. (a) who are licensed by a child welfare agency, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency. For persons specified under par. (a) who are contracted with by a school board, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department, county department, child welfare agency or school board, whichever is applicable.
237,185
Section 185
. 48.685 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (7) (a) Establish by rule a definition of “serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client. The definition shall also include those offenses specified in sub. (5) (b) 1. to 5. and (bm) 1. to 4. and shall include classes of crimes or acts involving misappropriation of the property of a client or abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) (a) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.
237,187
Section 187
. 48.685 (8) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.685 (8) The department, a county department
, a child welfare agency or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.
237,188m
Section 188m. 48.69 of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1). A probationary license issued under this section may be renewed for one 6-month period.
