AB768-ASA1,114,3
23(3) Concurrent adoption efforts required. If a petition is filed or joined in
24as required under sub. (1), the agency primarily responsible for providing services
25to the child under a court order shall, during the pendency of the proceeding on the
1petition, work with the agency identified in the report under s. 48.425 (1) (f) that
2would be responsible for accomplishing the adoption of the child in processing and
3approving a qualified family for the adoption of the child.
AB768-ASA1,114,6
4(4) Notice to department. If a petition is filed or joined in as required under
5sub. (1), the person who filed or joined in the petition shall notify the department of
6that filing or joinder.
AB768-ASA1,114,178
48.42
(2g) (am) The court shall give a foster parent, treatment foster parent
9or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
10par. (a) an opportunity to be heard at the hearing by permitting the foster parent,
11treatment foster parent or other physical custodian to make a written or oral
12statement during the hearing, or to submit a written statement prior to the hearing,
13relevant to the issues to be determined at the hearing. A foster parent, treatment
14foster parent or other physical custodian described in s. 48.62 (2) who receives a
15notice of a hearing under par. (a) and an opportunity to be heard under this
16paragraph does not become a party to the proceeding on which the hearing is held
17solely on the basis of receiving that notice and opportunity to be heard.
AB768-ASA1,115,420
48.42
(2g) (b) Failure to give notice under par. (a) to a foster parent, treatment
21foster parent or other physical custodian described in s. 48.62 (2) does not deprive the
22court of jurisdiction in the proceeding. If a foster parent, treatment foster parent or
23other physical custodian described in s. 48.62 (2) is not given notice of a hearing
24under par. (a)
and if the court is required under s. 48.427 (1m) to permit that person
25to make a written or oral statement during the hearing or to submit a written
1statement prior to the hearing and that person does not make or submit such
2statement, that person may request a rehearing on the matter at any time prior to
3the entry of an order under s. 48.427 (2) or (3). If the request is made, the court shall
4order a rehearing.
AB768-ASA1,115,126
48.425
(1) (c) If the child has been previously adjudicated to be in need of
7protection and services, a statement of the steps the agency or person responsible for
8provision of services has taken to remedy the conditions responsible for court
9intervention and the parent's response to and cooperation with these services. If the
10child has been removed from the home, the report should also include a statement
11of the reasons why the child cannot be returned
safely to the family, and the steps
12the person or agency has taken to effect this return.
AB768-ASA1,115,1514
48.425
(1) (d) A statement of other appropriate services, if any, which might
15allow the child to return
safely to the home of the parent.
AB768-ASA1,116,318
48.427
(1m) In addition to any evidence presented under sub. (1), the court
19shall
permit give the foster parent, treatment foster parent or other physical
20custodian described in s. 48.62 (2) of the child
an opportunity to be heard at the
21dispositional hearing by permitting the foster parent, treatment foster parent or
22other physical custodian to make a written or oral statement during the dispositional
23hearing
, or to submit a written statement prior to disposition, relevant to the issue
24of disposition.
A foster parent, treatment foster parent or other physical custodian
25described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and
1an opportunity to be heard under this subsection does not become a party to the
2proceeding on which the hearing is held solely on the basis of receiving that notice
3and opportunity to be heard.
AB768-ASA1,116,65
48.43
(1) (d) A finding that the termination of parental rights is in the best
6interests of the child.
AB768-ASA1,116,119
48.561
(3) (a) A county having a population of 500,000 or more shall contribute
10$31,280,700 $29,446,800 in state fiscal year 1997-98 for the provision of child welfare
11services in that county by the department.
AB768-ASA1,116,1715
48.561
(3) (a) A county having a population of 500,000 or more shall contribute
16$58,893,500 in each state fiscal year for the provision of child welfare services in that
17county by the department.
AB768-ASA1,117,419
48.57
(3m) (ar) The department shall promulgate rules to provide assessment
20criteria for determining whether a kinship care relative who is providing care and
21maintenance for a child is eligible to receive payments under par. (am). The rules
22shall include criteria for determining whether a kinship care relative who is
23providing care and maintenance for a child is eligible to receive payments under par.
24(am) in cases in which the safety of the child is not an immediate concern, but
25placement of the child with the kinship care relative could avoid the need for more
1costly intervention services. The rules shall also provide that any criteria
2established under the rules shall first apply to applications for payments under par.
3(am) received, and to reviews under par. (d) conducted, on the effective date of those
4rules.
AB768-ASA1, s. 153m
5Section 153m. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Acts ....
6(Senate Bill 494) and .... (Assembly Bill 410), is amended to read:
AB768-ASA1,117,247
48.66
(1) Except as provided under s. 48.715 (6)
and (7), the department shall
8license and supervise child welfare agencies, as required by s. 48.60, group homes,
9as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care
10centers, as required by s. 48.65. The department may license foster homes or
11treatment foster homes, as provided by s. 48.62, and may license and supervise
12county departments in accordance with the procedures specified in this section and
13in ss. 48.67 to 48.74. Except as provided under s. 48.715 (6), the department of
14corrections may license a child welfare agency to operate a secured child caring
15institution, as defined in s. 938.02 (15g), for holding in secure custody juveniles who
16have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or
17938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the
18department of corrections and to provide supervision, care and maintenance for
19those juveniles. A license issued under this subsection, other than a license to
20operate a foster home, treatment foster home or secured child caring institution, is
21valid until revoked or suspended. A license issued under this subsection to operate
22a foster home, treatment foster home or secured child caring institution may be for
23any term not to exceed 2 years from the date of issuance. No license issued under
24this subsection is transferable.
AB768-ASA1,118,93
48.66
(2) The department shall prescribe application forms to be used by all
4applicants for licenses from it. The application forms prescribed by the department
5shall require that the social security numbers of all applicants for a license to operate
6a child welfare agency, group home, shelter care facility or day care center who are
7individuals be provided
and that the federal employer identification numbers of all
8applicants for a license to operate a child welfare agency, group home, shelter care
9facility or day care center who are not individuals be provided.
AB768-ASA1,118,2112
48.66
(2m) (a) The department of health and family services shall require each
13applicant for a license under sub. (1) to operate a child welfare agency, group home,
14shelter care facility or day care center who is an individual
, and the department of
15corrections shall require each applicant for a license under sub. (1) to operate a
16secured child caring institution who is an individual, to provide that department
17with
his or her the applicant's social security number
, and shall require each
18applicant for a license under sub. (1) to operate a child welfare agency, group home,
19shelter care facility or day care center who is not an individual to provide that
20department with the applicant's federal employer identification number, when
21initially applying for or applying to
renew continue the license.
AB768-ASA1,119,522
(b) The department of health and family services
and the department of
23corrections may not issue or
renew continue a license
specified in par. (a) under sub.
24(1) to operate a child welfare agency, group home, shelter care facility or day care
25center to or for an applicant who is an individual unless the applicant has provided
1his or her the applicant's social security number to that department
and may not
2issue or continue a license under sub. (1) to operate a child welfare agency, group
3home, shelter care facility or day care center to or for an applicant who is not an
4individual unless the applicant has provided the applicant's federal employer
5identification number to that department.
AB768-ASA1,119,106
(c) The department of health and family services
and the department of
7corrections may disclose a social security number may not disclose any information 8obtained under par. (a)
only to any person except to the department of revenue for
9the sole purpose of requesting certifications under s. 73.0301 or on the request of the
10department of workforce development under s. 49.22 (2m).
AB768-ASA1,119,1512
48.66
(2m) (am) The department of corrections shall require each applicant for
13a license under sub. (1) to operate a secured child caring institution who is an
14individual to provide that department with the applicant's social security number
15when initially applying for or applying to renew the license.
AB768-ASA1,119,2017
48.66
(2m) (bm) The department of corrections may not issue or renew a license
18under sub. (1) to operate a secured child caring institution to or for an applicant who
19is an individual unless the applicant has provided the applicant's social security
20number to that department.
AB768-ASA1,119,2422
48.66
(2m) (cm) The department of corrections may not disclose any
23information obtained under par. (am) to any person except on the request of the
24department of workforce development under s. 49.22 (2m).
AB768-ASA1,120,43
48.685
(1) (a) "Client" means a child who receives
direct care or treatment 4services from an entity.
AB768-ASA1,120,137
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
848.60 to provide care and maintenance for children, to place children for adoption or
9to license foster homes or treatment foster homes;
a foster home or treatment foster
10home that is licensed under s. 48.62; a group home that is licensed under s. 48.625;
11a shelter care facility that is licensed under s. 938.22; a day care center that is
12licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day
13care provider that is certified under s. 48.651.
AB768-ASA1,120,1715
48.685
(1) (bg) "Foster home" includes a placement for adoption under s. 48.833
16of a child for whom adoption assistance will be provided under s. 48.975 after the
17adoption is finalized.
AB768-ASA1,120,2119
48.685
(1) (d) "Treatment foster home" includes a placement for adoption under
20s. 48.833 of a child for whom adoption assistance will be provided under s. 48.975
21after the adoption is finalized.
AB768-ASA1,121,724
48.685
(2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
25par. (ad) and sub. (5), the department may not license
, or continue or renew the
1license of, a person to operate an entity
or continue the license of a person to operate
2an entity, and, except as provided in par. (ad) and sub. (5), a county department may
3not certify a day care provider under s. 48.651
, a county department or a child welfare
4agency may not license, or renew the license of, a foster home or treatment foster
5home under s. 48.62 and a school board may not contract with a person under s.
6120.13 (14), if the department, county department
, child welfare agency or school
7board knows or should have known any of the following:
AB768-ASA1,121,1510
48.685
(2) (ad)
A The department, a county department or a child welfare
11agency may license a foster home or treatment foster home under s. 48.62, a county
12department may certify a day care provider under s. 48.651 and a school board may
13contract with a person under s. 120.13 (14), conditioned on the receipt of the
14information specified in par. (am) indicating that the person is not ineligible to be
15certified or contracted with for a reason specified in par. (a) 1. to 5.
AB768-ASA1,121,2218
48.685
(2) (am) (intro.) Subject to subd. 5.
and par. (bd), the department, a
19county department
, a child welfare agency or a school board shall obtain all of the
20following with respect to a person specified under par. (a) (intro.)
and a person
21specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient
22resident of an entity:
AB768-ASA1,122,11
148.685
(2) (am) 5. Information maintained by the department under this
2section
, and under
section ss. 48.651 (2m)
and under s., 48.75 (1m) and 120.13 (14)
3regarding any denial to the person of a license, continuation
or renewal of a license,
4certification or a contract to operate an entity for a reason specified in par. (a) 1. to
55. and regarding any denial to the person of employment at, a contract with or
6permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the
7information obtained under this subdivision indicates that the person has been
8denied a license, continuation
or renewal of a license, certification, a contract,
9employment or permission to reside as described in this subdivision, the department,
10a county department
, a child welfare agency or a school board need not obtain the
11information specified in subds. 1. to 4.
AB768-ASA1,122,1714
48.685
(2) (b) 1. (intro.) Subject to subds. 1. e.
, and 2. and
3. par. (bd), every
15entity shall obtain all of the following with respect to a person specified under par.
16(ag) (intro.)
who is an employe, prospective employe, contractor or prospective
17contractor of the entity:
AB768-ASA1,123,420
48.685
(2) (b) 1. e. Information maintained by the department under this
21section
, and under
section ss. 48.651 (2m)
and under s., 48.75 (1m) and 120.13 (14)
22regarding any denial to the person of a license, continuation
or renewal of a license,
23certification or a contract to operate an entity for a reason specified in par. (a) 1. to
245. and regarding any denial to the person of employment at, a contract with or
25permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the
1information obtained under this subd. 1. e. indicates that the person has been denied
2a license, continuation
or renewal of a license, certification, a contract, employment
3or permission to reside as described in this subd. 1. e., the entity need not obtain the
4information specified in subd. 1. a. to d.
AB768-ASA1,123,207
48.685
(2) (bd)
Subdivision 1. does not apply Notwithstanding pars. (am) and
8(b) 1., the department, a county department, a child welfare agency or a school board
9is not required to obtain the information specified in par. (am) 1. to 5., and an entity
10is not required to obtain the information specified in par. (b) 1. a. to e., with respect
11to a person under 18 years of age whose background information form under sub. (6)
12(am) indicates that the person is not ineligible to be employed, contracted with or
13permitted to reside at
the an entity for a reason specified in par. (ag) 1. to 5. and with
14respect to whom the
department, county department, child welfare agency, school
15board or entity otherwise has no reason to believe that the person is ineligible to be
16employed, contracted with or permitted to reside at
the an entity for any of those
17reasons.
This paragraph does not preclude the department, a county department,
18a child welfare agency or a school board from obtaining, at its discretion, the
19information specified in par. (am) 1. to 5. with respect to a person described in this
20paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
AB768-ASA1,124,923
48.685
(2) (bg) If an entity takes an action specified in par. (ag) (intro.) with
24respect to
a person an employe, prospective employe, contractor or prospective
25contractor for whom, within the last 4 years, the information required under par. (b)
11. a. to c. and e. has already been obtained, either by another entity or by a temporary
2employment agency, the entity may obtain the information required under par. (b)
31. a. to c. and e. from that other entity or temporary employment agency, which shall
4provide the information, if possible, to the entity. If an entity cannot obtain the
5information required under par. (b) 1. a. to c. and e. from another entity or from a
6temporary employment agency
or if an entity has reasonable grounds to believe that
7any information obtained from another entity or from a temporary employment
8agency is no longer accurate, the entity shall obtain that information from the
9sources specified in par. (b) 1. a. to c. and e.
AB768-ASA1,124,2412
48.685
(2) (c) If the background information form completed by a person under
13sub. (6) (am) indicates that the person is not ineligible to be employed
, or contracted
14with
or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an
15entity may employ or contract with the person
or permit the person to reside at the
16entity for not more than 60 days pending the receipt of the information sought under
17par. (b) 1.
If the background information form completed by a person under sub. (6)
18(am) indicates that the person is not ineligible to be permitted to reside at an entity
19for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to
20believe that the person is ineligible to be permitted to reside at an entity for any of
21those reasons, the entity may permit the person to reside at the entity for not more
22than 60 days pending receipt of the information sought under par. (am). An entity
23shall provide supervision for a person who is employed, contracted with or permitted
24to reside as permitted under this paragraph.
AB768-ASA1,125,83
48.685
(3) (a) Every 4 years or at any time within that period that the
4department, a county department
, a child welfare agency or a school board considers
5appropriate, the department, county department
, child welfare agency or school
6board shall request the information specified in sub. (2) (am) 1. to 5. for all persons
7who are licensed, certified or contracted to operate an entity
and for all persons
8specified in par. (ag) (intro.) who are nonclient residents of an entity.
AB768-ASA1,125,1411
48.685
(3) (b) Every 4 years or at any time within that period that an entity
12considers appropriate, the entity shall request the information specified in sub. (2)
13(b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.)
who are employes or
14contractors of the entity.
AB768-ASA1,125,2217
48.685
(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
18county department
, a child welfare agency or a school board has obtained the
19information required under sub. (2) (am) or (3) (a) with respect to a person specified
20in sub. (2) (a) (intro.) and that person is also an employe, contractor or
nonclient 21resident of an entity, the entity is not required to obtain the information specified in
22sub. (2) (b) 1. or (3) (b) with respect to that person.
AB768-ASA1,126,11
148.685
(5) (a) The department may license to operate an entity, a county
2department may certify under s. 48.651
, a county department or a child welfare
3agency may license under s. 48.62 and a school board may contract with under s.
4120.13 (14) a person who otherwise may not be licensed, certified or contracted with
5for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with
6or permit to reside at the entity a person who otherwise may not be employed,
7contracted with or permitted to reside at the entity for a reason specified in sub. (2)
8(ag) 1. to 5., if the person demonstrates to the department, the county department
,
9the child welfare agency or the school board by clear and convincing evidence and in
10accordance with procedures established by the department by rule that he or she has
11been rehabilitated.
No
AB768-ASA1,126,14
12(b) For purposes other than licensing a foster home or treatment foster home,
13no person who has been convicted of any of the following offenses may be permitted
14to demonstrate that he or she has been rehabilitated:
AB768-ASA1,126,2220
48.685
(5) (bm) For purposes of licensing a foster home or treatment foster
21home, no person who has been convicted of any of the following offenses may be
22permitted to demonstrate that he or she has been rehabilitated:
AB768-ASA1,126,2323
1. An offense under ch. 948 that is a felony.
AB768-ASA1,126,2524
2. A violation of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim
25is the spouse of the person.
AB768-ASA1,127,3
13. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1),
2(2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g),
3(1m) or (1r) or 943.32 (2).
AB768-ASA1,127,64
4. A violation of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or
5940.207 or an offense under ch. 961 that is a felony, if committed not more than 5
6years before the date of the investigation under sub. (2) (am).
AB768-ASA1,127,2015
48.685
(5c) (a) Any person who is permitted but fails under sub. (5)
(a) to
16demonstrate to the department
or a child welfare agency that he or she has been
17rehabilitated may appeal to the secretary of health and family services or his or her
18designee. Any person who is adversely affected by a decision of the secretary or his
19or her designee under this paragraph has a right to a contested case hearing under
20ch. 227.
AB768-ASA1,128,223
48.685
(5c) (b) Any person who is permitted but fails under sub. (5)
(a) to
24demonstrate to the county department that he or she has been rehabilitated may
25appeal to the director of the county department or his or her designee. Any person
1who is adversely affected by a decision of the director or his or her designee under
2this paragraph has a right to appeal the decision under ch. 68.
AB768-ASA1,128,95
48.685
(5c) (c) Any person who is permitted but fails under sub. (5)
(a) to
6demonstrate to the school board that he or she has been rehabilitated may appeal to
7the secretary of public instruction or his or her designee. Any person who is
8adversely affected by a decision of the secretary or his or her designee under this
9paragraph has a right to a contested case hearing under ch. 227.
AB768-ASA1,128,1912
48.685
(5g) Beginning on
the first January 1
after the effective date of this
13subsection .... [revisor inserts date] 1999, and annually thereafter, the department
14shall submit a report to the legislature under s. 13.172 (2) that specifies the number
15of persons in the previous year who have requested to demonstrate
to the department 16that they have been rehabilitated under sub. (5)
(a), the number of persons who
17successfully demonstrated that they have been rehabilitated under sub. (5)
(a) and
18the reasons for the success or failure of a person who has attempted to demonstrate
19that he or she has been rehabilitated.