LRBs0542/1
GMM&TAY:jlg:ch
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 ASSEMBLY BILL 432
March 3, 1998 - Offered by Representatives Walker and Huber.
AB432-ASA2,1,6 1An Act to renumber and amend 48.68 (4) and 50.03 (4) (g); to amend 48.68
2(3) and 50.03 (4) (a) 3.; and to create 48.68 (1r), 48.68 (3m), 48.68 (4) (b), 48.68
3(5), 50.03 (1g), 50.03 (3) (cm), 50.03 (4) (a) 4., 50.03 (4) (g) 2. and 50.03 (4) (h)
4of the statutes; relating to: licensing and community oversight of child welfare
5agencies, group homes and community-based residential facilities and
6granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB432-ASA2, s. 1 7Section 1. 48.68 (1r) of the statutes is created to read:
AB432-ASA2,1,118 48.68 (1r) (a) An application for a license or for continuance of a license to
9operate a child welfare agency or group home shall identify the client group to be
10served. The department shall define "client group" by rule for purposes of this
11section.
AB432-ASA2,2,4
1(b) A child welfare agency or group home may not provide care and
2maintenance for a person who is not a member of the client group identified under
3par. (a) unless the child welfare agency or group home complies with par. (c) or (d),
4whichever is applicable.
AB432-ASA2,2,75 (c) Except as provided in par. (d), a child welfare agency or group home may
6change the client group served by the child welfare agency or group home without
7the approval of the department.
AB432-ASA2,2,168 (d) If the client group served consists primarily of persons who are not under
9court-ordered supervision or aftercare supervision as a result of a violation of a
10criminal law and the child welfare agency or group home proposes to change the
11client group served to one that consists primarily of persons who are under
12court-ordered supervision or aftercare supervision as a result of a violation of a
13criminal law, the child welfare agency or group home may not change the client group
14served by the child welfare agency or group home unless the child welfare agency or
15group home submits to the department a written application for approval of the
16change and obtains the department's approval of the change.
AB432-ASA2, s. 2 17Section 2. 48.68 (3) of the statutes is amended to read:
AB432-ASA2,3,1918 48.68 (3) Within 10 working days after receipt of an application for initial
19licensure of a child welfare agency or group home or within 10 working days after
20receipt of an application under sub. (1r) (d) for approval of a change in the client
21group served
, the department shall notify the city, town or village planning
22commission, or other appropriate city, town or village agency if there is no planning
23commission, of receipt of the application. The department The notification shall
24request state that the planning commission or agency may send to the department,
25within 30 45 days after the date of the notification, a description of any specific

1hazards which that may affect the health and safety of the residents of the child
2welfare agency or group home. No license may be issued and no approval under sub.
3(1r) (d) of a change in the client group served may be granted
to a child welfare agency
4or group home until the 30-day 45-day period has expired or until the department
5receives the response of the planning commission or agency, whichever is sooner. In
6issuing a license or granting approval under sub. (1r) (d) of a change in the client
7group served,
the department shall give full consideration to such hazards
8determined by the planning commission or agency. Prior to issuing a license for a
9child welfare agency or group home that will serve a client group consisting primarily
10of persons who are under court-ordered supervision or aftercare supervision as a
11result of a violation of a criminal law or granting approval under sub. (1r) (d) of a
12change in the client group served, the department shall work with the applicant to
13address each of the hazards described. If the department issues a license for a child
14welfare agency or group home that will serve a client group consisting primarily of
15persons who are under court-ordered supervision or aftercare supervision as a result
16of a violation of a criminal law or approves under sub. (1r) (d) a change in the client
17group served, the department shall respond in writing to the planning commission
18or agency addressing each of the hazards described and stating why the license was
19issued or approval granted despite the hazards.
AB432-ASA2, s. 3 20Section 3. 48.68 (3m) of the statutes is created to read:
AB432-ASA2,3,2521 48.68 (3m) Within 10 working days after submitting an application for
22approval by the department under sub. (1r) (d) of a change in the client group served,
23the applicant shall notify the community advisory committee established under sub.
24(4) (b) or, if there is no community advisory committee, shall establish one that
25conforms to the requirements of sub. (4) (b).
AB432-ASA2, s. 4
1Section 4. 48.68 (4) of the statutes is renumbered 48.68 (4) (a) and amended
2to read:
AB432-ASA2,4,103 48.68 (4) (a) Prior to initial licensure of a residential facility operated by a child
4welfare agency or of a group home, other than a residential facility or group home
5that will serve a client group consisting primarily of persons who are under
6court-ordered supervision or aftercare supervision as a result of a violation of a
7criminal law,
the applicant for licensure shall make a good faith effort to establish
8a community advisory committee consisting of representatives from the child
9welfare agency or proposed group home, the neighborhood in which the proposed
10residential facility or group home will be located and a local unit of government.
AB432-ASA2,4,17 11(c) The community advisory committee shall provide a forum for
12communication for those persons interested in the proposed residential facility or
13group home. Any committee established under this subsection shall continue in
14existence after licensure to make recommendations to the licensee regarding the
15impact of the residential facility or group home on the neighborhood. The
16department shall determine compliance with this subsection both prior to and after
17initial licensure.
AB432-ASA2, s. 5 18Section 5. 48.68 (4) (b) of the statutes is created to read:
AB432-ASA2,5,1619 48.68 (4) (b) Prior to initial licensure of a residential facility operated by a child
20welfare agency, or of a group home, that will serve a client group consisting primarily
21of persons who are under court-ordered supervision or aftercare supervision as a
22result of a violation of a criminal law, the applicant for licensure shall establish a
23community advisory committee consisting of residents from the child welfare agency
24or proposed group home appointed by the child welfare agency or group home
25operator, representatives of the neighborhood in which the proposed residential

1facility or group home will be located appointed, within 45 days after receipt of notice
2under sub. (3), by the mayor or city manager, village president or town board
3chairperson or his or her designee and representatives of the city, village or town
4appointed, within 45 days after receipt of notice under sub. (3), by the mayor or city
5manager, village president or town board chairperson or his or her designee. If the
6mayor or city manager, village president or town board chairperson or his or her
7designee fails to make any appointments under this paragraph within the 45-day
8period, the child welfare agency or group home operator may appoint representatives
9of the neighborhood and city, village or town and shall make a good faith effort to do
10so. Unless the mayor or city manager, village president or town board chairperson
11or his or her designee fails to make appointments under this paragraph and the child
12welfare agency or group home operator is unable to make the appointments, a
13majority of the members of a community advisory committee established under this
14paragraph shall be representatives of the neighborhood, and representatives of the
15city, village or town, in which the proposed residential facility or group home will be
16located.
AB432-ASA2, s. 6 17Section 6. 48.68 (5) of the statutes is created to read:
AB432-ASA2,6,618 48.68 (5) (a) In the case of a child welfare agency or group home that will serve
19a client group consisting primarily of persons who are under court-ordered
20supervision or aftercare care supervision as a result of a violation of a criminal law,
21if the city, town or village planning commission, or other appropriate city, town or
22village agency if there is no planning commission, describes any specific hazards
23under sub. (3), if the community advisory committee expresses any concerns
24regarding the impact of the proposed child welfare agency or group home or proposed
25change in the client group served on the neighborhood or if the department, following

1its investigation under sub. (1), has any concerns regarding any specific hazards as
2described in sub. (3) or regarding the impact of the proposed child welfare agency or
3group home or proposed change in the client group served on the neighborhood, the
4department may issue the license or approve the proposed change in the client group
5served subject to any conditions that the department may impose to address those
6specific hazards or concerns.
AB432-ASA2,6,137 (b) After issuing a license or approving a change in the client group served, the
8department may not change any condition imposed under par. (a) to make that
9condition less stringent unless the department first provides to the city, town or
10village planning commission, or other appropriate city, town or village agency if there
11is no planning commission, notice of the proposed change and an explanation
12showing that the proposed change would not endanger the health or safety of the
13residents of the child welfare agency or group home.
AB432-ASA2, s. 7 14Section 7. 50.03 (1g) of the statutes is created to read:
AB432-ASA2,6,2015 50.03 (1g) Unauthorized residents. No person operating or maintaining a
16community-based residential facility may permit any person who is not a member
17of the client group identified under sub. (3) (cm) 1. to become a resident of the
18community-based residential facility unless the person operating or maintaining
19the community-based residential facility complies with sub. (3) (cm) 2. or 3.,
20whichever is applicable.
AB432-ASA2, s. 8 21Section 8. 50.03 (3) (cm) of the statutes is created to read:
AB432-ASA2,6,2422 50.03 (3) (cm) 1. An application for a license to operate a community-based
23residential facility shall identify the client group to be served. The department shall
24define "client group" by rule for purposes of this section.
AB432-ASA2,7,2
12. Except as provided in in subd. 3., a community-based residential facility
2may change the client group served without the approval of the department.
AB432-ASA2,7,93 3. If the client group served consists primarily of persons who are not on
4probation or parole and the community-based residential facility proposes to change
5the client group served to one that consists primarily of persons who are on probation
6or parole, the community-based residential facility may not change the client group
7served by the community-based residential facility unless it submits to the
8department a written application for approval of the change and obtains the
9department's approval of the change.
AB432-ASA2, s. 9 10Section 9. 50.03 (4) (a) 3. of the statutes is amended to read:
AB432-ASA2,8,1111 50.03 (4) (a) 3. Within 10 working days after receipt of an application for initial
12licensure of a community-based residential facility or within 10 working days after
13receipt of an application under sub. (3) (cm) 3. for approval of a change in the client
14group served
, the department shall notify the city, town or village planning
15commission, or other appropriate city, town or village agency if there is no planning
16commission, of receipt of the application. The department notification shall request
17state that the planning commission or agency may send to the department, within
1830 45 days after the date of the notification, a description of any specific hazards
19which that may affect the health and safety of the residents of the community-based
20residential facility. No license may be granted issued and no approval under sub. (3)
21(cm) 3. of a change in the client group served may be granted
to a community-based
22residential facility until the 30-day 45-day period has expired or until the
23department receives the response of the planning commission or agency, whichever
24is sooner. In granting issuing a license or granting approval under sub. (3) (cm) 3.
25of a change in the client group served,
the department shall give full consideration

1to such hazards determined by the planning commission or agency. Prior to issuing
2a license for a community-based residential facility that will serve a client group
3consisting primarily of persons who are on probation or parole or granting approval
4under sub. (3) (cm) 3. of a change in the client group served, the department shall
5work with the applicant to address each of the hazards described. If the department
6issues a license for a community-based residential facility that will serve a client
7group consisting primarily of persons who are on probation or parole or approves
8under sub. (3) (cm) 3. a change in the client group served, the department shall
9respond in writing to the planning commission or agency addressing each of the
10hazards described and stating why the license was issued or approval granted
11despite the hazards.
AB432-ASA2, s. 10 12Section 10. 50.03 (4) (a) 4. of the statutes is created to read:
AB432-ASA2,8,1713 50.03 (4) (a) 4. Within 10 working days after submitting an application for
14approval by the department under sub. (3) (cm) 3. of a change in the client group
15served, the applicant shall notify the community advisory committee established
16under par. (g) 2. or, if there is no community advisory committee, shall establish one
17that conforms to the requirements of par. (g) 2.
AB432-ASA2, s. 11 18Section 11. 50.03 (4) (g) of the statutes is renumbered 50.03 (4) (g) 1. and
19amended to read:
AB432-ASA2,9,220 50.03 (4) (g) 1. Prior to initial licensure of a community-based residential
21facility, other than a community-based residential facility that will serve a client
22group consisting primarily of persons who are on probation or parole,
the applicant
23for licensure shall make a good faith effort to establish a community advisory
24committee consisting of representatives from the proposed community-based

1residential facility, the neighborhood in which the proposed community-based
2residential facility will be located and a local unit of government.
AB432-ASA2,9,9 33. The community advisory committee shall provide a forum for
4communication for those persons interested in the proposed community-based
5residential facility. Any committee established under this paragraph shall continue
6in existence after licensure to make recommendations to the licensee regarding the
7impact of the community-based residential facility on the neighborhood. The
8department shall determine compliance with this paragraph both prior to and after
9initial licensure.
AB432-ASA2, s. 12 10Section 12. 50.03 (4) (g) 2. of the statutes is created to read:
AB432-ASA2,9,2511 50.03 (4) (g) 2. Prior to initial licensure of a community-based residential
12facility that will serve a client group consisting primarily of persons who are on
13probation or parole, the applicant for licensure shall establish a community advisory
14committee consisting of representatives from the proposed community-based
15residential facility appointed by the proposed community-based residential facility,
16representatives of the neighborhood in which the proposed community-based
17residential facility will be located appointed, within 45 days after receipt of notice
18from the department under par. (a) 3., by the mayor or city manager, village
19president or town board chairperson or his or her designee and representatives of the
20city, village or town appointed, within 45 days after receipt of notice from the
21department under par. (a) 3., by the mayor or city manager, village president or town
22board chairperson or his or her designee. If the mayor or city manager, village
23president or town board chairperson or his or her designee fails to make any
24appointments under this subdivision within the 45-day period, the proposed
25community-based residential facility may appoint representatives of the

1neighborhood and city, village or town and shall make a good faith effort to do so.
2Unless the mayor or city manager, village president or town board chairperson or his
3or her designee fails to make appointments under this subdivision and the proposed
4community-based residential facility is unable to make the appointments, a
5majority of the members of a community advisory committee established under this
6subdivision shall be representatives of the neighborhood, and representatives of the
7city, village or town, in which the proposed community-based residential facility will
8be located.
AB432-ASA2, s. 13 9Section 13. 50.03 (4) (h) of the statutes is created to read:
AB432-ASA2,10,2210 50.03 (4) (h) 1. In the case of a community-based residential facility that will
11serve a client group consisting primarily of persons who are on probation or parole,
12if the city, town or village planning commission, or other appropriate city, town or
13village agency if there is no planning commission, describes any specific hazards
14under par. (a) 3., if the community advisory committee expresses any concerns
15regarding the impact of the proposed community-based residential facility or
16proposed change in the client group served on the neighborhood or if the department,
17following its investigation under par. (a) 1., has any concerns regarding any specific
18hazards as described in par. (a) 3. or regarding the impact of the proposed
19community-based residential facility or proposed change in the client group served
20on the neighborhood, the department may issue the license or approve the proposed
21change in the client group served subject to conditions that the department may
22impose to address those specific hazards or concerns.
AB432-ASA2,11,423 2. After issuing a license or approving a change in the client group served, the
24department may not change any condition imposed under subd. 1. to make that
25condition less stringent unless the department first provides to the city, town or

1village planning commission, or other appropriate city, town or village agency if there
2is no planning commission, notice of the proposed change and an explanation
3showing that the proposed change would not endanger the health or safety of the
4residents of the community-based residential facility.
AB432-ASA2, s. 14 5Section 14. Initial applicability.
AB432-ASA2,11,106 (1) Initial licensure and changes in client group served. The treatment of
7sections 48.68 (1r), (3), (3m), (4) and (5) and 50.03 (3) (cm) and (4) (a) 3. and 4., (g)
8and (h) of the statutes first applies to applications for initial licensure or for approval
9of a change in the client group served received by the department of health and
10family services on the effective date of this subsection.
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