Amendment ASA1-AB432

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1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 432

February 12, 1998 - Offered by Representative Huber.

AB432-ASA1,1,7 An Act to renumber and amend 48.68 (4) and 50.03 (4) (g); to amend 48.68 (1), 48.68 (3), 50.03 (4) (a) 1. b. and 50.03 (4) (a) 3.; to repeal and recreate 48.68 (1); and to create 48.68 (1r), 48.68 (3m), 48.68 (4) (b), 48.68 (5), 50.03 (1g), 50.03 (3) (cm), 50.03 (4) (a) 4., 50.03 (4) (g) 2. and 50.03 (4) (h) of the statutes; relating to: licensing and community oversight of child welfare agencies, group homes and community-based residential facilities and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB432-ASA1, s. 1 Section 1. 48.68 (1) of the statutes is amended to read:

AB432-ASA1,2,18 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. If the department receives an application for a license to operate a child welfare agency or a group home that is intended to serve primarily persons who are under court-ordered supervision or aftercare supervision as a result of a criminal violation or who require treatment for alcohol or other drug abuse, the department shall also investigate to determine if the applicant meets all applicable zoning ordinances and the requirements of s. 59.69 (15) (b), 60.63 (1) and (2) or 62.23 (7) (i) 1. and 2., whichever is 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.

AB432-ASA1, s. 2 Section 2. 48.68 (1) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB432-ASA1,3,17 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. If the department receives an application for a license to operate a child welfare agency or a group home that is intended to serve primarily persons who are under court-ordered supervision or aftercare supervision as a result of a criminal violation or who require treatment for alcohol or other drug abuse, the department shall also investigate to determine if the applicant meets all applicable zoning ordinances and the requirements of s. 59.69 (15) (b), 60.63 (1) and (2) or 62.23 (7) (i) 1. and 2., whichever is 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.

AB432-ASA1, s. 3 Section 3. 48.68 (1r) of the statutes is created to read:

AB432-ASA1,3,22 48.68 (1r) (a) An application for a license or for continuance of a license to operate a child welfare agency or group home shall identify the client group to be served. The department shall define "client group" by rule for purposes of this section.

AB432-ASA1,4,2 (b) A child welfare agency or group home may not provide care and maintenance for a person who is not a member of the client group identified under par. (a) unless the child welfare agency or group home complies with par. (c) or (d), whichever is applicable.

AB432-ASA1,4,5 (c) Except as provided in par. (d), a child welfare agency or group home may change the client group served by the child welfare agency or group home without the approval of the department.

AB432-ASA1,4,10 (d) Notwithstanding par. (c), but subject to par. (e), if any of the following applies a child welfare agency or group home may not change the client group served by the child welfare agency or group home unless the child welfare agency or group home submits to the department a written application for approval of the change and obtains the department's approval of the change:

AB432-ASA1,4,16 1. The client group served consists primarily of persons who are not under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law and the child welfare agency or group home proposes to change the client group served to one that consists primarily of persons who are under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law.

AB432-ASA1,4,20 2. The client group served consists primarily of persons who do not require treatment for alcohol or other drug abuse and the child welfare agency or group home proposes to change the client group served to one that consists primarily of persons who require treatment for alcohol or other drug abuse.

AB432-ASA1,4,25 (e) Paragraph (d) does not apply to a proposed change in client group served if the initial client group served by the child welfare agency or group home consists primarily of persons who are under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law or who require treatment for alcohol or other drug abuse.

AB432-ASA1, s. 4 Section 4. 48.68 (3) of the statutes is amended to read:

AB432-ASA1,6,16 48.68 (3) Within 10 working days after receipt of an application applying for initial licensure of a child welfare agency or group home or within 10 working days after applying under sub. (1r) (d) for approval of a change in the client group served, the department applicant shall notify the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, of receipt submission of the application. The department In the case of a child welfare agency or group home that intends to serve a client group consisting primarily of persons who are not under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law or who do not require treatment for alcohol or other drug abuse, the notification shall request state that the planning commission or agency may send to the department, within 30 days after the date of the notification, a description of any specific hazards which that may affect the health and safety of the residents of the child welfare agency or group home. In the case of a child welfare agency or group home that intends to serve a client group consisting primarily of persons who are under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law or who require treatment for alcohol or other drug abuse, the notification shall state that the planning commission or agency may send to the department, within 45 days after the date of the notification, a description of any specific hazards that may affect the health and safety of the residents of the child welfare agency or group home. The applicant shall send a copy of the notification to the department. No license may be issued and no approval under sub. (1r) (d) of a change in the client group served may be granted to a child welfare agency or group home until the 30-day or 45-day period, whichever is applicable, has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license or granting approval under sub. (1r) (d) of a change in the client group served, the department shall give full consideration to such hazards determined by the planning commission or agency. Prior to issuing a license for a child welfare agency or group home that will serve a client group consisting primarily of persons who are under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law or who require treatment for alcohol or other drug abuse or granting approval under sub. (1r) (d) of a change in the client group served, the department shall work with the applicant to address each of the hazards described. If the department issues a license for a child welfare agency or group home that will serve a client group consisting primarily of persons who are under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law or who require treatment for alcohol or other drug abuse or approves under sub. (1r) (d) a change in the client group served, the department shall respond in writing to the planning commission or agency addressing each of the hazards described and stating why the license was issued or approval granted despite the hazards.

AB432-ASA1, s. 5 Section 5. 48.68 (3m) of the statutes is created to read:

AB432-ASA1,6,22 48.68 (3m) Within 10 working days after submitting an application for approval by the department under sub. (1r) (d) of a change in the client group served, the applicant shall notify the community advisory committee established under sub. (4) (b) or, if there is no community advisory committee, shall establish one that conforms to the requirements of sub. (4) (b).

AB432-ASA1, s. 6 Section 6. 48.68 (4) of the statutes is renumbered 48.68 (4) (a) and amended to read:

AB432-ASA1,7,9 48.68 (4) (a) Prior to initial licensure of a residential facility operated by a child welfare agency or of a group home, other than a residential facility or group home that will serve a client group consisting primarily of persons who are under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law or who require treatment for alcohol or other drug abuse, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential facility or group home will be located and a local unit of government.

AB432-ASA1,7,16 (c) The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential facility or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential facility or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.

AB432-ASA1, s. 7 Section 7. 48.68 (4) (b) of the statutes is created to read:

AB432-ASA1,8,7 48.68 (4) (b) Prior to initial licensure of a residential facility operated by a child welfare agency, or of a group home, that will serve a client group consisting primarily of persons who are under court-ordered supervision or aftercare supervision as a result of a violation of a criminal law or who require treatment for alcohol or other drug abuse, the applicant for licensure shall establish a community advisory committee consisting of residents from the child welfare agency or proposed group home appointed by the child welfare agency or group home operator, representatives of the neighborhood in which the proposed residential facility or group home will be located appointed by the mayor or city manager, village president or town board chairperson or his or her designee and representatives of the city, village or town appointed by the mayor or city manager, village president or town board chairperson or his or her designee. A majority of the members of a community advisory committee established under this paragraph shall be representatives of the neighborhood, and representatives of the city, village or town, in which the proposed residential facility or group home will be located.

AB432-ASA1, s. 8 Section 8. 48.68 (5) of the statutes is created to read:

AB432-ASA1,8,23 48.68 (5) (a) In the case of a child welfare agency or group home that will serve a client group consisting primarily of persons who are under court-ordered supervision or aftercare care supervision as a result of a violation of a criminal law or who require treatment for alcohol or other drug abuse, if the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, describes any specific hazards under sub. (3), if the community advisory committee expresses any concerns regarding the impact of the proposed child welfare agency or group home or proposed change in the client group served on the neighborhood or if the department, following its investigation under sub. (1), has any concerns regarding any specific hazards as described in sub. (3) or regarding the impact of the proposed child welfare agency or group home or proposed change in the client group served on the neighborhood, the department may issue the license or approve the proposed change in the client group served subject to any conditions that the department may impose to address those specific hazards or concerns.

AB432-ASA1,9,5 (b) After issuing a license or approving a change in the client group served, the department may not change any condition imposed under par. (a) to make that condition less stringent unless the department first provides to the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, notice of the proposed change and an explanation showing that the proposed change would not endanger the health or safety of the residents of the child welfare agency or group home.

AB432-ASA1, s. 9 Section 9. 50.03 (1g) of the statutes is created to read:

AB432-ASA1,9,12 50.03 (1g) Unauthorized residents. No person operating or maintaining a community-based residential facility may permit any person who is not a member of the client group identified under sub. (3) (cm) 1. to become a resident of the community-based residential facility unless the person operating or maintaining the community-based residential facility complies with sub. (3) (cm) 2. or 3., whichever is applicable.

AB432-ASA1, s. 10 Section 10. 50.03 (3) (cm) of the statutes is created to read:

AB432-ASA1,9,16 50.03 (3) (cm) 1. An application for a license to operate a community-based residential facility shall identify the client group to be served. The department shall define "client group" by rule for purposes of this section.

AB432-ASA1,9,18 2. Except as provided in in subd. 3., a community-based residential facility may change the client group served without the approval of the department.

AB432-ASA1,9,23 3. Notwithstanding subd. 2., but subject to subd. 4., if any of the following applies a community-based residential facility may not change the client group served by the community-based residential facility unless it submits to the department a written application for approval of the change and obtains the department's approval of the change:

AB432-ASA1,9,25 a. The client group served consists primarily of persons who are not on probation or parole and the community-based residential facility proposes to change the client group served to one that consists primarily of persons who are on probation or parole.

AB432-ASA1,10,6 b. The client group served consists primarily of persons who do not require treatment services for alcohol or other drug abuse and the community-based residential facility proposes to change the client group served to one that consists primarily of persons who require treatment services for alcohol or other drug abuse.

AB432-ASA1,10,10 4. Subdivision 3. does not apply to a proposed change in client group served if the initial client group served by the community-based residential facility consists primarily of persons who are on probation or parole or who require treatment for alcohol or other drug abuse.

AB432-ASA1, s. 11 Section 11. 50.03 (4) (a) 1. b. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB432-ASA1,11,11 50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue a license for a community-based residential facility if it finds the applicant to be fit and qualified, if it finds that the community-based residential facility meets the requirements established by this subchapter and if the community-based residential facility has paid the license fee under s. 50.037 (2) (a). If a community-based residential facility proposes to serve primarily persons who are on probation or parole or who require treatment for alcohol or other drug abuse, the department shall also investigate to determine if the community-based residential facility meets all applicable zoning ordinances and the requirements of s. 59.69 (15) (b), 60.63 (1) and (2) or 62.23 (7) (i) 1. and 2., whichever is applicable. In determining whether to issue a license for a community-based residential facility, 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 or welfare of a resident. The department may deny licensure to or revoke licensure for any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked. The department, or its designee, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and shall file written reports. In reviewing the report of a community-based residential facility that is required to be submitted under par. (c) 1., the department shall consider all complaints filed under sub. (2) (f) since initial license issuance or since the last review, whichever is later, and the disposition of each. The department shall promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.

AB432-ASA1, s. 12 Section 12. 50.03 (4) (a) 3. of the statutes is amended to read:

AB432-ASA1,12,24 50.03 (4) (a) 3. Within 10 working days after receipt of an application applying for initial licensure of a community-based residential facility or within 10 working days after applying under sub. (3) (cm) 3. for approval of a change in the client group served, the department applicant shall notify the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, of receipt submission of the application. The department In the case of a community-based residential facility that intends to serve a client group consisting primarily of persons who are not on probation or parole or who do not require treatment for alcohol or other drug abuse, the notification shall request state that the planning commission or agency may send to the department, within 30 days after the date of the notification, a description of any specific hazards which that may affect the health and safety of the residents of the community-based residential facility. In the case of a community-based residential facility that intends to serve a client group consisting primarily of persons who are on probation or parole or who require treatment for alcohol or other drug abuse, the notification shall state that the planning commission or agency may send to the department, within 45 days after the date of the notification, a description of any specific hazards that may affect the health and safety of the residents of the community-based residential facility. The applicant shall send a copy of the notification to the department. No license may be granted issued and no approval under sub. (3) (cm) 3. of a change in the client group served may be granted to a community-based residential facility until the 30-day or 45-day period, whichever is applicable, has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In granting issuing a license or granting approval under sub. (3) (cm) 3. of a change in the client group served, the department shall give full consideration to such hazards determined by the planning commission or agency. Prior to issuing a license for a community-based residential facility that will serve a client group consisting primarily of persons who are on probation or parole or who require treatment services for alcohol or other drug abuse or granting approval under sub. (3) (cm) 3. of a change in the client group served, the department shall work with the applicant to address each of the hazards described. If the department issues a license for a community-based residential facility that will serve a client group consisting primarily of persons who are on probation or parole or who require treatment services for alcohol or other drug abuse or approves under sub. (3) (cm) 3. a change in the client group served, the department shall respond in writing to the planning commission or agency addressing each of the hazards described and stating why the license was issued or approval granted despite the hazards.

AB432-ASA1, s. 13 Section 13. 50.03 (4) (a) 4. of the statutes is created to read:

AB432-ASA1,13,5 50.03 (4) (a) 4. Within 10 working days after submitting an application for approval by the department under sub. (3) (cm) 3. of a change in the client group served, the applicant shall notify the community advisory committee established under par. (g) 2. or, if there is no community advisory committee, shall establish one that conforms to the requirements of par. (g) 2.

AB432-ASA1, s. 14 Section 14. 50.03 (4) (g) of the statutes is renumbered 50.03 (4) (g) 1. and amended to read:

AB432-ASA1,13,15 50.03 (4) (g) 1. Prior to initial licensure of a community-based residential facility, other than a community-based residential facility that will serve a client group consisting primarily of persons who are on probation or parole or who require treatment for alcohol or other drug abuse, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the proposed community-based residential facility, the neighborhood in which the proposed community-based residential facility will be located and a local unit of government.

AB432-ASA1,13,22 3. The community advisory committee shall provide a forum for communication for those persons interested in the proposed community-based residential facility. Any committee established under this paragraph shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the community-based residential facility on the neighborhood. The department shall determine compliance with this paragraph both prior to and after initial licensure.

AB432-ASA1, s. 15 Section 15. 50.03 (4) (g) 2. of the statutes is created to read:

AB432-ASA1,14,12 50.03 (4) (g) 2. Prior to initial licensure of a community-based residential facility that will serve a client group consisting primarily of persons who are on probation or parole or who require treatment for alcohol or other drug abuse, the applicant for licensure shall establish a community advisory committee consisting of representatives from the proposed community-based residential facility appointed by the proposed community-based residential facility, representatives of the neighborhood in which the proposed community-based residential facility will be located appointed by the mayor or city manager, village president or town board chairperson or his or her designee and representatives of the city, village or town appointed by the mayor or city manager, village president or town board chairperson or his or her designee. A majority of the members of a community advisory committee established under this subdivision shall be representatives of the neighborhood, and representatives of the city, village or town, in which the proposed community-based residential facility will be located.

AB432-ASA1, s. 16 Section 16. 50.03 (4) (h) of the statutes is created to read:

AB432-ASA1,15,2 50.03 (4) (h) 1. In the case of a community-based residential facility that will serve a client group consisting primarily of persons who are on probation or parole or who require treatment for alcohol or other drug abuse, if the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, describes any specific hazards under par. (a) 3., if the community advisory committee expresses any concerns regarding the impact of the proposed community-based residential facility or proposed change in the client group served on the neighborhood or if the department, following its investigation under par. (a) 1., has any concerns regarding any specific hazards as described in par. (a) 3. or regarding the impact of the proposed community-based residential facility or proposed change in the client group served on the neighborhood, the department may issue the license or approve the proposed change in the client group served subject to any conditions that the department may impose to address those specific hazards or concerns.

AB432-ASA1,15,9 2. After issuing a license or approving a change in the client group served, the department may not change any condition imposed under subd. 1. to make that condition less stringent unless the department first provides to the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, notice of the proposed change and an explanation showing that the proposed change would not endanger the health or safety of the residents of the community-based residential facility.

AB432-ASA1, s. 17 Section 17. Initial applicability.

AB432-ASA1,15,16 (1) Initial licensure and changes in client group served. The treatment of sections 48.68 (1r), (3), (3m), (4) and (5) and 50.03 (3) (cm) and (4) (a) 1. b., 3. and 4., (g) and (h) of the statutes and the amendment of section 48.68 (1) of the statutes first apply to applications for initial licensure or for approval of a change in the client group served received by the department of health and family services on the effective date of this subsection.

AB432-ASA1, s. 18 Section 18. Effective dates. This act takes effect on the day after publication, except as follows:

AB432-ASA1,15,20 (1) The repeal and recreation of section 48.68 (1) of the statutes takes effect on October 1, 1998, or on the day after publication, whichever is later.

AB432-ASA1,15,21 (End)