LRBb1246/9
TAY&GMM:kg:ijs
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 9,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 100
September 16, 1997 - Offered by Representatives Krusick, Hahn, Underheim,
Ainsworth, Albers, Baldwin, Black, Bock, Boyle, Brandemuehl, Carpenter,
Cullen, Dobyns, Duff, Freese, Goetsch, Green, Grothman, Gunderson,
Handrick, Hanson, Harsdorf, Hasenohrl, Hebl, Huber, Huebsch, Kaufert,
Kedzie, Kreibich, Kreuser, Krug, Ladwig, Lazich, M. Lehman, Linton, Meyer,
Murat, Musser, Nass, Notestein, Olsen, Ott, Ourada, Plale, Plouff, Powers,
Riley, Robson, Rutkowski, Ryba, Seratti, Springer, Staskunas, Steinbrink,
Sykora, Travis, Turner, Urban, Vander Loop, Vrakas, Walker, Wasserman,
Wood, L. Young, Ziegelbauer and Zukowski.
AB100-ASA1-AA9,1,5
21. Page 103, line 3: increase the dollar amount for fiscal year 1998-99 by
3$292,700 for the purpose of increasing the number of authorized FTE positions for
4the department of regulation and licensing by 2.5 PR positions and establishing a
5computer linkup under section 440.03 (12m) of the statutes, as created by this act.
AB100-ASA1-AA9,1,9
62. Page 185, line 11: increase the dollar amount for fiscal year 1998-99 by
7$415,300 for the purpose of increasing the number of authorized FTE positions for
8the department of health and family services by 9.5 GPR positions for investigations
9conducted under section 146.40 (4r) (b) of the statutes, as affected by this act.
AB100-ASA1-AA9,1,12
103. Page 255, line 3: increase the dollar amount for fiscal year 1998-99 by
11$420,000 for the purpose of providing a supplement for the computer linkup among
12the departments of justice, regulation and licensing and health and family services.
AB100-ASA1-AA9,2,3
2"
Section 1631d. 48.60 (1) of the statutes, as affected by 1997 Wisconsin Act
3.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,2,124
48.60
(1) No person may receive children, with or without transfer of legal
5custody, to provide care and maintenance for 75 days in any consecutive 12 months'
6period for 4 or more such children at any one time unless that person obtains a license
7to operate a child welfare agency from the department. To obtain a license under this
8subsection to operate a child welfare agency, a person must meet the minimum
9requirements for a license established by the department under s. 48.67, meet the
10requirements specified in s. 48.685 and pay the applicable license fee under s. 48.615
11(1) (a) or (b). A license issued under this subsection is valid until revoked or
12suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).".
AB100-ASA1-AA9,2,15
14"
Section 1640d. 48.625 (1) of the statutes, as affected by 1997 Wisconsin Act
15.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,2,2316
48.625
(1) Any person who receives, with or without transfer of legal custody,
175 to 8 children, to provide care and maintenance for those children shall obtain a
18license to operate a group home from the department. To obtain a license under this
19subsection to operate a group home, a person must meet the minimum requirements
20for a license established by the department under s. 48.67, meet the requirements
21specified in s. 48.685 and pay the license fee under sub. (2). A license issued under
22this subsection is valid until revoked or suspended, but shall be reviewed every 2
23years as provided in s. 48.66 (5).".
AB100-ASA1-AA9,3,2
1"
Section 1645d. 48.65 (1) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,3,153
48.65
(1) No person may for compensation provide care and supervision for 5
4or more children under the age of 7 for less than 24 hours a day unless that person
5obtains a license to operate a day care center from the department except that a
6person who is a Level I certified family day care provider, as established by the
7department of workforce development under s. 49.155 (1d), may for compensation
8provide care and supervision for up to 6 unrelated children under the age of 7 for less
9than 24 hours a day without obtaining a license to operate a day care center from the
10department. To obtain a license under this subsection to operate a day care center,
11a person must meet the minimum requirements for a license established by the
12department under s. 48.67, meet the requirements specified in s. 48.685 and pay the
13license fee under sub. (3). A license issued under this subsection is valid until
14revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66
15(5).".
AB100-ASA1-AA9,3,21
20"
Section 1653g. 48.651 (1) (intro.) of the statutes, as affected by 1997
21Wisconsin Act .... (this act), is amended to read:
AB100-ASA1-AA9,4,822
48.651
(1) (intro.) Each county department shall certify, according to the
23standards adopted by the department of workforce development under s. 49.155 (1d),
24each day care provider reimbursed for child care services provided to families
1determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider
2is a day care center licensed under s. 48.65 or is established or contracted for under
3s. 120.13 (14). Each county may charge a fee to cover the costs of certification.
To
4be certified under this section, a person must meet the minimum requirements for
5certification established by the department of workforce development under s.
649.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified
7in this section. The county shall certify the following categories of day care
8providers:".
AB100-ASA1-AA9,4,1412
48.651
(2m) Each county department shall provide the department with
13information about each person who is denied certification for a reason specified in
14s. 48.685 (2) (a) 1. to 5.".
AB100-ASA1-AA9,4,17
16"
Section 1661d. 48.66 (5) of the statutes, as affected by 1997 Wisconsin Act
17.... (this act), is amended to read:
AB100-ASA1-AA9,5,818
48.66
(5) A child welfare agency, group home, day care center or shelter care
19facility license, other than a probationary license, is valid until revoked or
20suspended, but shall be reviewed every 2 years after the date of issuance as provided
21in this subsection. At least 30 days prior to the continuation date of the license, the
22licensee shall submit to the department an application for continuance of the license
23in the form and containing the information that the department requires. If the
24minimum requirements for a license established under s. 48.67 are met, the
1application is approved, the applicable
fee
fees referred to in
s. 48.68 (1) is paid, ss.
248.68 (1) and 48.685 (8) are paid and any forfeiture under s. 48.715 (3) (a) or penalty
3under s. 48.76 that is due is paid
and, for a day care center, the fee under s. 48.65 (1m)
4(j) is paid, the department shall continue the license for an additional 2-year period,
5unless sooner suspended or revoked. If the application is not timely filed, the
6department shall issue a warning to the licensee. If the licensee fails to apply for
7continuance of the license within 30 days after receipt of the warning, the
8department may revoke the license as provided in s. 48.715 (4) and (4m) (b).".
AB100-ASA1-AA9,5,11
10"
Section 1663d. 48.68 (1) of the statutes, as affected by 1997 Wisconsin Act
11.... (this act), is repealed and recreated to read:
AB100-ASA1-AA9,6,312
48.68
(1) After receipt of an application for a license, the department shall
13investigate to determine if the applicant meets the minimum requirements for a
14license adopted by the department under s. 48.67 and meets the requirements
15specified in s. 48.685, if applicable. In determining whether to issue or continue a
16license, the department may consider any action by the applicant, or by an employe
17of the applicant, that constitutes a substantial failure by the applicant or employe
18to protect and promote the health, safety and welfare of a child. Upon satisfactory
19completion of this investigation and payment of the fee required under s. 48.615 (1)
20(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
21license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69 or,
22if applicable, shall continue a license under s. 48.66 (5). At the time of initial
23licensure and license renewal, the department shall provide a foster home licensee
24with written information relating to the age-related monthly foster care rates and
1supplemental payments specified in s. 48.62 (4), including payment amounts,
2eligibility requirements for supplemental payments and the procedures for applying
3for supplemental payments.".
AB100-ASA1-AA9,6,7
648.685 Criminal history and child abuse record search. (1) In this
7section:
AB100-ASA1-AA9,6,88
(a) "Client" means a child who receives services from an entity.
AB100-ASA1-AA9,6,149
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to
10provide care and maintenance for children, to place children for adoption or to license
11foster homes or treatment foster homes; a group home that is licensed under s.
1248.625; a shelter care facility that is licensed under s. 938.22; a day care center that
13is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a
14day care provider that is certified under s. 48.651.
AB100-ASA1-AA9,6,1615
(c) "Serious crime" has the meaning specified by the department by rule
16promulgated under sub. (7) (a).
AB100-ASA1-AA9,6,22
17(2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the
18department may not license a person to operate an entity or continue the license of
19a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a
20county department may not certify a day care provider under s. 48.651 and a school
21board may not contract with a person under s. 120.13 (14), if the department, county
22department or school board knows or should have known any of the following:
AB100-ASA1-AA9,6,2323
1. That the person has been convicted of a serious crime.
AB100-ASA1-AA9,6,2424
2. That the person has pending against him or her a charge for a serious crime.
AB100-ASA1-AA9,7,3
13. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
2made a finding that the person has abused or neglected any client or
3misappropriated the property of any client.
AB100-ASA1-AA9,7,54
4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
5has abused or neglected a child.
AB100-ASA1-AA9,7,86
5. That, in the case of a position for which the person must be credentialed by
7the department of regulation and licensing, the person's credential is not current or
8is limited so as to restrict the person from providing adequate care to a client.
AB100-ASA1-AA9,7,129
(ad) A county department may certify a day care provider under s. 48.651 and
10a school board may contract with a person under s. 120.13 (14), conditioned on the
11receipt of the information specified in par. (am) indicating that the person is not
12ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.
AB100-ASA1-AA9,7,1713
(ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity
14may not hire or contract with a person who will be under the entity's control, as
15defined by the department by rule, and who is expected to have access to its clients,
16or permit to reside at the entity a person who is not a client and who is expected to
17have access to a client, if the entity knows or should have known any of the following:
AB100-ASA1-AA9,7,1818
1. That the person has been convicted of a serious crime.
AB100-ASA1-AA9,7,1919
2. That the person has pending against him or her a charge for a serious crime.
AB100-ASA1-AA9,7,2220
3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
21made a finding that the person has abused or neglected any client or
22misappropriated the property of any client.
AB100-ASA1-AA9,7,2423
4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
24has abused or neglected a child.
AB100-ASA1-AA9,8,3
15. That, in the case of a position for which the person must be credentialed by
2the department of regulation and licensing, the person's credential is not current or
3is limited so as to restrict the person from providing adequate care to a client.
AB100-ASA1-AA9,8,64
(am) Subject to subd. 5., the department, a county department or a school board
5shall obtain all of the following with respect to a person specified under par. (a)
6(intro.):
AB100-ASA1-AA9,8,87
1. A criminal history search from the records maintained by the department
8of justice.
AB100-ASA1-AA9,8,109
2. Information that is contained in the registry under s. 146.40 (4g) regarding
10any findings against the person.
AB100-ASA1-AA9,8,1211
3. Information maintained by the department of regulation and licensing
12regarding the status of the person's credentials, if applicable.
AB100-ASA1-AA9,8,1413
4. Information maintained by the department regarding any substantiated
14reports of child abuse or neglect against the person.
AB100-ASA1-AA9,9,515
5. If the person is applying for a license to operate a day care center or for
16continuation of such a license, is applying for certification as a day care provider
17under s. 48.651 or is proposing to contract for the provision of a day care program
18under s. 120.13 (14), information maintained by the department under this section,
19under s. 48.65 (2m) and under s. 120.13 (14) regarding any denial to the person of
20a license to operate a day care center or of continuation of such a license, of
21certification as a day care provider under s. 48.651 or of a contract for the provision
22of a day care program under s. 120.13 (14) for a reason specified in par. (a) 1. to 5. and
23regarding any denial to the person of employment at, a contract with or permission
24to reside at a day care center that is licensed under s. 48.65 or established or
25contracted for under s. 120.13 (14) or a day care provider that is certified under s.
148.65, for a reason specified in par. (ag) 1. to 5. If the information obtained under this
2subdivision indicates that the person has been denied a license, continuation of a
3license, certification, a contract, employment or permission to reside as described in
4this subdivision, the department, a county department or a school board need not
5obtain the information specified in subds. 1. to 4.
AB100-ASA1-AA9,9,76
(b) 1. Subject to subds. 1. e., 2. and 3., every entity shall obtain all of the
7following with respect to a person specified under par. (ag) (intro.):
AB100-ASA1-AA9,9,98
a. A criminal history search from the records maintained by the department
9of justice.
AB100-ASA1-AA9,9,1110
b. Information that is contained in the registry under s. 146.40 (4g) regarding
11any findings against the person.
AB100-ASA1-AA9,9,1312
c. Information maintained by the department of regulation and licensing
13regarding the status of the person's credentials, if applicable.
AB100-ASA1-AA9,9,1514
d. Information maintained by the department regarding any substantiated
15reports of child abuse or neglect against the person.
AB100-ASA1-AA9,9,2516
e. If the person is proposing to be employed by, contracted by or permitted to
17reside at a day care center that is licensed under s. 48.65 or established or contracted
18for under s. 120.13 (14) or a day care provider that is certified under s. 48.651,
19information maintained by the department under this section, under s. 48.651 (2m)
20and under s. 120.13 (14) regarding any denial to the person of a license to operate a
21day care center or of continuation of such a license, of certification as a day care
22provider under s. 48.651 or of a contract for the provision of a day care program under
23s. 120.13 (14) for a reason specified in par. (a) 1. to 5. and regarding any denial to the
24person of employment at, a contract with or permission to reside at a day care center
25that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14)
1or a day care provider that is certified under s. 48.651 for a reason specified in par.
2(ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person
3has been denied a license, continuation of a license, certification, a contract,
4employment or permission to reside as described in this subd. 1. e., the department,
5a county department or a school board need not obtain the information specified in
6subd. 1. a. to d.
AB100-ASA1-AA9,10,107
2. Subdivision 1. does not apply with respect to a person with whom the entity
8contracts or whom the entity employs to perform infrequent or sporadic services,
9including maintenance services and other services that are not directly related to the
10care of a client.
AB100-ASA1-AA9,10,1611
3. Subdivision 1. does not apply with respect to a person under 18 years of age
12whose background information form under sub. (6) (am) indicates that the person is
13not ineligible to be employed, contracted with or permitted to reside at the entity for
14a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise
15has no reason to believe that the person is ineligible to be employed, contracted with
16or permitted to reside at the entity for any of those reasons.
AB100-ASA1-AA9,10,2517
(bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a
18person for whom, within the last 4 years, the information required under par. (b) 1.
19a. to c. and e. has already been obtained, either by another entity or by a temporary
20employment agency, the entity may obtain the information required under par. (b)
211. a. to c. and e. from that other entity or temporary employment agency, which shall
22provide the information, if possible, to the entity. If an entity cannot obtain the
23information required under par. (b) 1. a. to c. and e. from another entity or from a
24temporary employment agency, the entity shall obtain that information from the
25sources specified in par. (b) 1. a. to c. and e.
AB100-ASA1-AA9,11,7
1(bm) If the person who is the subject of the search under par. (am) or (b) 1. is
2not a resident of this state, or if at any time within the 3 years preceding the date of
3the search that person has not been a resident of this state, the department, county
4department, school board or entity shall make a good faith effort to obtain from any
5state in which the person is a resident or was a resident within the 3 years preceding
6the date of the search information that is equivalent to the information specified in
7par. (am) 1. or (b) 1. a.
AB100-ASA1-AA9,11,148
(c) If the background information form completed by a person under sub. (6)
9(am) indicates that the person is not ineligible to be employed, contracted with or
10permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity
11may employ or contract with the person or permit the person to reside at the entity
12for not more than 60 days pending the receipt of the information sought under par.
13(b) 1. An entity shall provide supervision for a person who is employed, contracted
14with or permitted to reside as permitted under this paragraph.
AB100-ASA1-AA9,11,18
15(3) (a) Every 4 years or at any time within that period that the department, a
16county department or a school board considers appropriate, the department, county
17department or school board shall request the information specified in sub. (2) (am)
181. to 5. for all persons who are licensed, certified or contracted to operate an entity.
AB100-ASA1-AA9,11,2119
(b) Every 4 years or at any time within that period that an entity considers
20appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to
21e. for all persons specified in sub. (2) (ag) (intro.).
AB100-ASA1-AA9,12,2
22(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county
23department or a school board has obtained the information required under sub. (2)
24(am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person
1is also an employe, contractor or resident of an entity, the entity is not required to
2obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
AB100-ASA1-AA9,12,4
3(4) An entity that violates sub. (2) or (3) may be required to forfeit not more than
4$1,000 and may be subject to other sanctions specified by the department by rule.
AB100-ASA1-AA9,12,15
5(5) The department may license to operate an entity, a county department may
6certify under s. 48.651 and a school board may contract with under s. 120.13 (14) a
7person who otherwise may not be licensed, certified or contracted with for a reason
8specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to
9reside at the entity a person who otherwise may not be employed, contracted with
10or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the
11person demonstrates to the department, the county department or the school board
12by clear and convincing evidence and in accordance with procedures established by
13the department by rule that he or she has been rehabilitated. No person who has
14been convicted of any of the following offenses may be permitted to demonstrate that
15he or she has been rehabilitated:
AB100-ASA1-AA9,12,1616
(a) First-degree intentional homicide under s. 940.01.
AB100-ASA1-AA9,12,1717
(b) First degree sexual assault under s. 940.225 (1).