1997 Wisconsin Act 27

48.57 (3p) (j) The A county department or, in a county having a population of 500,000 or more, the department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

27,1628g Section 1628g. 48.57 (3t) of the statutes is amended to read:

48.57 (3t) Notwithstanding subs. (3m) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe to allow that governing body to administer the program under subs. (3m) and (3p) within the boundaries of that reservation. Any agreement under this subsection shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4.

27,1629 Section 1629 . 48.58 (1) (b) of the statutes is amended to read:

48.58 (1) (b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under s. 46.215, if the delinquent juveniles are placed in separate facilities;

27,1630 Section 1630 . 48.59 (1) of the statutes is amended to read:

48.59 (1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department, department or agency shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency.

27,1631 Section 1631 . 48.60 (1) of the statutes is amended to read:

48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

27,1631d Section 1631d. 48.60 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, 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 and pay the applicable license fee under s. 48.615 (1) (a) or (b). 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).

27,1633 Section 1633 . 48.60 (3) of the statutes is amended to read:

48.60 (3) Before issuing or continuing any license to a child welfare agency under this section, the department of health and family services shall review the need for the additional placement resources that would be made available by the licensing or relicensing continuing the license of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3). Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.

27,1634 Section 1634 . 48.615 (1) (a) of the statutes is amended to read:

48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $100 $110, plus a biennial fee of $15 $16.50 per child, based on the number of children that the child welfare agency is licensed to serve.

27,1635 Section 1635 . 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.

27,1636 Section 1636 . 48.615 (1) (b) of the statutes is amended to read:

48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $210 $231.

27,1637 Section 1637 . 48.615 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $254.10

27,1638 Section 1638 . 48.615 (1) (c) of the statutes is amended to read:

48.615 (1) (c) A child welfare agency that wishes to renew continue a license issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the renewal continuation date of the license.

27,1639 Section 1639 . 48.615 (2) of the statutes is amended to read:

48.615 (2) A child welfare agency that wishes to renew continue a license issued under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by the renewal continuation date of the license or a new child welfare agency that fails to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.

27,1639m Section 1639m. 48.62 (4) of the statutes is amended to read:

48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 1993 1998, the age-related rates are: $240 $289 for children aged 4 and under; $267 $315 for children aged 5 to 11; $327 $358 for children aged 12 to 14 and $337 $374 for children aged 15 to 17. Beginning on January 1, 1994 1999, the age-related rates are: $276 $296 for children aged 4 and under; $301 $323 for children aged 5 to 11; $344 $367 for children aged 12 to 14; and $361 $383 for children aged 15 to 17. Beginning on January 1, 1995, the age-related rates are: $282 for children aged 4 and under; $307 for children aged 5 to 11; $349 for children aged 12 to 14; and $365 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.

27,1640 Section 1640 . 48.625 (1) of the statutes is amended to read:

48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

27,1640d Section 1640d. 48.625 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, 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 and pay the license fee under sub. (2). 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).

27,1641 Section 1641. 48.625 (2) (a) of the statutes is amended to read:

48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $100 $110, plus a biennial fee of $15 $16.50 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to renew continue a license issued under sub. (1) shall pay the fee under this paragraph by the renewal continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

27,1642 Section 1642 . 48.625 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

27,1643 Section 1643 . 48.625 (2) (b) of the statutes is amended to read:

48.625 (2) (b) A group home that wishes to renew continue a license issued under sub. (1) and that fails to pay the fee under par. (a) by the renewal continuation date of the license or a new group home that fails to pay the fee under par. (a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.

27,1644 Section 1644 . 48.627 (2) (a) of the statutes is amended to read:

48.627 (2) (a) Before the department, a county department or a licensed child welfare agency may issue or , renew or continue a foster home, treatment foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home or family-operated group home that result in bodily injury or property damage to 3rd parties.

27,1645 Section 1645 . 48.65 (1) of the statutes is amended to read:

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 day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

27,1645d Section 1645d. 48.65 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

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 day care center from the department. To obtain a license under this subsection to operate a day 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 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).

27,1645m Section 1645m. 48.65 (1m) of the statutes is repealed.

27,1650 Section 1650 . 48.65 (3) (a) of the statutes is amended to read:

48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $50 $55. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25 $27.50, plus a biennial fee of $7 $7.70 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the renewal continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

27,1651 Section 1651 . 48.65 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $8.47 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

27,1652 Section 1652 . 48.65 (3) (b) of the statutes is amended to read:

48.65 (3) (b) A day care center that wishes to renew continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the renewal continuation date of the license or a new day care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.

27,1653 Section 1653 . 48.651 (1) (intro.) of the statutes is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 46.03 (21) 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

27,1653g Section 1653g. 48.651 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under s. 49.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified in this section. The county shall certify the following categories of day care providers:

27,1654 Section 1654 . 48.651 (1) (a) of the statutes is amended to read:

48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 46.03 (21) of workforce development under s. 49.155 (1d). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care. The department may establish by rule other requirements for certification under this paragraph.

27,1655 Section 1655 . 48.651 (1) (b) of the statutes is amended to read:

48.651 (1) (b) Level II certified family day care providers, as established by the department under s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers. The department may establish by rule requirements for certification under this paragraph of workforce development, under s. 49.155 (1d).

27,1655p Section 1655p. 48.651 (2) of the statutes is repealed.

27,1655r Section 1655r. 48.651 (2m) of the statutes is created to read:

48.651 (2m) Each county department shall provide the department with information about each person who is denied certification for a reason specified in s. 48.685 (2) (a) 1. to 5.

27,1656 Section 1656 . 48.66 (1) of the statutes is amended to read:

48.66 (1) 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. 48.48 938.22, 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. 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 children who have been convicted under s. 938.183 or adjudicated delinquent under s. 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 children. 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.

27,1660 Section 1660 . 48.66 (4) of the statutes is repealed.

27,1661 Section 1661 . 48.66 (5) of the statutes is repealed and recreated to read:

48.66 (5) A child welfare agency, group home, day 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 fee referred to in s. 48.68 (1) is paid, any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for a day care center, the fee under s. 48.65 (1m) (j) 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).

27,1661d Section 1661d. 48.66 (5) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

48.66 (5) A child welfare agency, group home, day 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 fee fees referred to in s. 48.68 (1) is paid, ss. 48.68 (1) and 48.685 (8) are paid and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for a day care center, the fee under s. 48.65 (1m) (j) 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).

27,1662 Section 1662 . 48.67 of the statutes is amended to read:

48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of education public instruction before promulgating these rules.

27,1663 Section 1663 . 48.68 (1) of the statutes is amended to read:

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. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe 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) 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 age-related 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.

27,1663d Section 1663d. 48.68 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

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 applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe 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) 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 age-related 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.

27,1664 Section 1664 . 48.68 (2) of the statutes is amended to read:

48.68 (2) Before renewing continuing the license of any child welfare agency or group home, the department shall consider all formal complaints filed under s. 48.745 (2) and the disposition of each during the current license previous 2-year period.

27,1664d Section 1664d. 48.685 of the statutes is created to read:

48.685 Criminal history and child abuse record search. (1) In this section:

(a) “Client" means a child who receives services from an entity.

(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 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.

(c) “Serious crime" has the meaning specified by the department by rule promulgated under sub. (7) (a).

(2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license 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 and a school board may not contract with a person under s. 120.13 (14), if the department, county department or school board knows or should have known any of the following:

1. That the person has been convicted of a serious crime.

2. That the person has pending against him or her a charge for a serious crime.

3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

4. That a determination has been made under s. 48.981 (3) (c) 4. that the person has abused or neglected a child.

5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

(ad) 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.

(ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following: