Amendment SSA1-SB24

SB24-SSA1,20,6 (g) Subject to par. (h), the department may not issue or renew a license to operate a shelter care facility, child welfare agency, foster home, treatment foster home, group home or day care center and a foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,20,10 1. The applicant, licensee or other person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

SB24-SSA1,20,15 2. The applicant, licensee or other person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant, licensee or other person would be subject to a penalty specified in any of those sections if convicted in this state.

SB24-SSA1,21,2 3. The applicant, licensee or other person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the department may issue a license to or renew the license of, and a foster home or treatment foster home that is licensed by the department or a day care center that provides care and supervision for 4 to 8 children may employ or permit to be an adult resident, a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

SB24-SSA1,21,10 (h) Notwithstanding par. (g), a person whose application to the department for initial licensure to operate a foster home or treatment foster home or renewal of a license to operate a foster home or treatment foster home has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department for a review of that denial under s. 48.64 (4) (a). If the department determines that issuing or renewing the license would be in the best interests of a child, the department shall order that the license be issued or renewed. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.

SB24-SSA1,21,16 (i) The department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the department may disclose any information obtained under this subsection to a person who is conducting a background investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.75 (1m) or 118.19 (10). Such information is not subject to inspection or copying under s. 19.35.

SB24-SSA1,21,19 (j) The department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

SB24-SSA1, s. 11 Section 11. 48.715 (2) (bm) of the statutes is created to read:

SB24-SSA1,22,2 48.715 (2) (bm) That a person who employs in any capacity, whether as an officer, director, agent or employe, a person to whom any of the following applies, or who permits to be an adult resident, as defined in s. 48.22 (7m) (a), 48.60 (1m) (a), 48.625 (1m) (a), 48.65 (1m) (a) or 48.68 (1m) (a), a person to whom any of the following applies, terminate the employment or residence of that person immediately on receipt of the order:

SB24-SSA1,22,5 1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

SB24-SSA1,22,10 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB24-SSA1,22,19 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the person may not be required to terminate the employment or residence of a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

SB24-SSA1, s. 12 Section 12. 48.75 (1) of the statutes is amended to read:

SB24-SSA1,23,9 48.75 (1) Child welfare agencies, if licensed to do so by the department, and county departments may license foster homes and treatment foster homes . After receipt of an application for a license, the child welfare agency or county department shall investigate to determine if the applicant meets the minimum requirements for a license under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. The investigation shall include a background investigation as provided in sub. (1m). A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable and may be revoked by the child welfare agency or by the county department because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor.

SB24-SSA1, s. 13 Section 13. 48.75 (1m) of the statutes is created to read:

SB24-SSA1,23,16 48.75 (1m) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a foster home or treatment foster home that is licensed by a child welfare agency or county department with the intent of making the foster home or treatment foster home his or her home or who lives for more than 30 days cumulative in any 6-month period at a foster home or treatment foster home that is licensed by a child welfare agency or county department.

SB24-SSA1,23,20 (b) 1. After receipt of an application for a license to operate a foster home or treatment foster home, the child welfare agency or county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

SB24-SSA1,24,3 2. The child welfare agency or county department, with the assistance of the department of justice, shall conduct a background investigation of any person who, on the effective date of this subdivision .... [revisor inserts date], is licensed by the child welfare agency or county department to operate a foster home or treatment foster home or who, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending with the child welfare agency or county department within 6 months after the effective date of this subdivision .... [revisor inserts date], or on renewing the license of that person, whichever is earlier.

SB24-SSA1,24,9 3. Subject to subd. 2., the child welfare agency or county department, with the assistance of the department of justice, may conduct a background investigation of any person who is licensed by the child welfare agency or county department to operate a foster home or treatment foster home at the time of license renewal or at any other time that the child welfare agency or county department considers to be appropriate.

SB24-SSA1,24,14 (c) 1. After receipt of an application for a license to operate a foster home or treatment foster home, the child welfare agency or county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

SB24-SSA1,24,22 2. The child welfare agency or county department, with the assistance of the department of justice, shall conduct a background investigation of each employe, prospective employe and adult resident of any foster home or treatment foster home that, on the effective date of this subdivision .... [revisor inserts date], is licensed under this section or that, on the effective date of this subdivision .... [revisor inserts date], has an application for a license pending with the child welfare agency or county department within 6 months after that date or on renewing the license, whichever is earlier.

SB24-SSA1,25,3 3. Subject to subd. 2., the child welfare agency or county department, with the assistance of the department of justice, may conduct a background investigation of any employe, prospective employe or adult resident of a foster home or treatment foster home that is licensed by the child welfare agency or county department at the time of license renewal or at any other time that the child welfare agency or county department considers to be appropriate.

SB24-SSA1,25,9 4. Before a foster home or treatment foster home that is licensed by the child welfare agency or county department may employ any person or permit any person to be an adult resident, the child welfare agency or county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 3.

SB24-SSA1,25,19 (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the child welfare agency or county department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the child welfare agency or county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

SB24-SSA1,25,21 (e) Upon request, a person being investigated under par. (b) or (c) shall provide the child welfare agency or county department with all of the following information:

SB24-SSA1,25,22 1. The person's name.

SB24-SSA1,25,23 2. The person's social security number.

SB24-SSA1,25,25 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

SB24-SSA1,26,4 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under s. 48.67.

SB24-SSA1,26,13 (f) 1. The child welfare agency or county department may not issue a license to operate a foster home or treatment foster home until the child welfare agency or county department receives information from the department of justice indicating that the conviction record of the applicant or licensee under the law of this state is satisfactory according to the criteria specified in par (g). 1. to 3. The department may issue a license to operate a foster home or treatment foster home conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par (g). 1. to 3.

SB24-SSA1,26,24 2. A foster home or treatment foster home that is licensed by a child welfare agency or county department may not employ a person or permit a person to be an adult resident until the child welfare agency or county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the child welfare agency or county department so advises the foster home or treatment foster home. A foster home or treatment foster home may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

SB24-SSA1,27,5 (g) Subject to par. (h), the child welfare agency or county department may not issue or renew a license to operate a foster home or treatment foster home and a foster home or treatment foster home that is licensed by a child welfare agency or county department may not employ a person or permit a person to be an adult resident if any of the following applies:

SB24-SSA1,27,9 1. The applicant, licensee or other person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

SB24-SSA1,27,14 2. The applicant, licensee or other person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant, licensee or other person would be subject to a penalty specified in any of those sections if convicted in this state.

SB24-SSA1,27,25 3. The applicant, licensee or other person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the child welfare agency or county department may issue a license to or renew the license of, and a foster home or treatment foster home may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

SB24-SSA1,28,9 (h) Notwithstanding par. (g), a person whose application to a child welfare agency or county department for initial licensure to operate a foster home or treatment foster home or renewal of a license to operate a foster home or treatment foster home has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department for a review of that denial under s. 48.64 (4) (a). If the department determines that issuing or renewing the license would be in the best interests of a child, the department shall order that the license be issued or renewed. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.

SB24-SSA1,28,17 (i) The child welfare agency or county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the child welfare agency may disclose any information obtained under this subsection to any other child welfare agency or county department conducting an investigation under this subsection or to any person conducting an investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.68 (1m) or 118.19 (10). Such information is not subject to inspection or copying under s. 19.35.

SB24-SSA1,28,20 (j) The child welfare agency or county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

SB24-SSA1, s. 14 Section 14. Initial applicability; health and social services.

SB24-SSA1,29,2 (1)  Criminal background investigations. The treatment of sections 48.22 (7) (a) and (7m), 48.60 (1) and (1m), 48.625 (1) and (1m), 48.65 (1) and (1m), 48.68 (1) and (1m) and 48.75 (1) and (1m) of the statutes first applies to applications to operate a child welfare agency, group home, shelter care facility, day care center, foster home or treatment foster home received on the effective date of this subsection.

SB24-SSA1,29,5 (2) Sanctions and penalties. The treatment of section 48.715 (2) (bm) of the statutes first applies to proceedings under section 48.715 of the statutes, as affected by this act, commenced on the effective date of this subsection.

SB24-SSA1,29,6 (End)