Amendment AA2-ASA1-AB133

AB133-ASA1-AA2, s. 1170n Section 1170n. 48.685 (2) (bg) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-AA2,162,20 48.685 (2) (bg) If an entity hires employs or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.

AB133-ASA1-AA2, s. 1171d Section 1171d. 48.685 (2) (bm) of the statutes is amended to read:

AB133-ASA1-AA2,163,4 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, child welfare agency, school board or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.

AB133-ASA1-AA2, s. 1171g Section 1171g. 48.685 (2) (c) of the statutes is renumbered 48.685 (4m) (c) and amended to read:

AB133-ASA1-AA2,163,19 48.685 (4m) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in par. (ag) (b) 1. to 5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under par. sub. (2) (am) 1. to 5. or (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag) (b) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under par. sub. (2) (am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.

AB133-ASA1-AA2, s. 1171j Section 1171j. 48.685 (2) (d) of the statutes is created to read:

AB133-ASA1-AA2,163,24 48.685 (2) (d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver under par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.

AB133-ASA1-AA2, s. 1172d Section 1172d. 48.685 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,164,11 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and, for all persons specified in par. (ag) (intro.) who are nonclient residents of an entity and shall request the information specified in sub. (2) (am) 1. to 5. for all persons under 18 years of age, but not under 12 years of age, who are employes, contractors or nonclient residents caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.

AB133-ASA1-AA2, s. 1172g Section 1172g. 48.685 (3) (b) of the statutes is amended to read:

AB133-ASA1-AA2,164,20 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) employes or contractors who are caregivers of the entity other than persons who are under 18 years of age, but not under 12 years of age and, who are employes, contractors or nonclient residents caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651.

AB133-ASA1-AA2, s. 1173d Section 1173d. 48.685 (3m) of the statutes is amended to read:

AB133-ASA1-AA2,165,3 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) who is a caregiver specified in sub. (1) (ag) 1. b. and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

AB133-ASA1-AA2, s. 1173g Section 1173g. 48.685 (4) of the statutes is amended to read:

AB133-ASA1-AA2,165,7 48.685 (4) An entity that violates sub. (2) or, (3) or (4m) (b) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB133-ASA1-AA2, s. 1173j Section 1173j. 48.685 (4m) (b) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-AA2,165,13 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire employ or contract with a caregiver or permit a nonclient resident to reside at the entity, if the entity knows or should have known any of the following:

AB133-ASA1-AA2, s. 1174d Section 1174d. 48.685 (5) (a) of the statutes is amended to read:

AB133-ASA1-AA2,166,2 48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in sub. (2) (4m) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency or the school board or, in the case of an entity that is located within the boundaries of a federally recognized American Indian reservation, to the tribal governing body of that reservation by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribal governing body that he or she has been rehabilitated.

AB133-ASA1-AA2, s. 1174g Section 1174g. 48.685 (5) (b) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,166,18 48.685 (5) (b) (intro.) For purposes other than licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses, and no person who is an applicant for issuance or continuation of a license to operate a day care center or for initial certification as a day care provider under s. 48.651 or for renewal of that certification, who is proposing to contract with a school board under s. 120.13 (14) or to renew a contract under that subsection or who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651, and who has been convicted of any of the following offenses or adjudicated delinquent on or after his or her 12th birthday for committing any of the following offenses, may be permitted to demonstrate that he or she has been rehabilitated until the later of at least 5 years after the date of that conviction or adjudication or at least 5 years after the date of the person's release from imprisonment, a secured juvenile facility or a commitment order:

AB133-ASA1-AA2, s. 1174j Section 1174j. 48.685 (5) (b) 1. of the statutes is repealed.

AB133-ASA1-AA2, s. 1174k Section 1174k. 48.685 (5) (b) 4. of the statutes is repealed.

AB133-ASA1-AA2, s. 1174L Section 1174L. 48.685 (5) (b) 5. of the statutes is repealed.

AB133-ASA1-AA2, s. 1175m Section 1175m. 48.685 (5d) of the statutes is created to read:

AB133-ASA1-AA2,166,25 48.685 (5d) (a) Any tribal governing body that chooses to conduct rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following:

AB133-ASA1-AA2,167,1 1. The criteria to be used to determine if a person has been rehabilitated.

AB133-ASA1-AA2,167,3 2. The title of the person or body designated by the tribe to whom a request for review must be made.

AB133-ASA1-AA2,167,5 3. The title of the person or body designated by the tribe to determine whether a person has been rehabilitated.

AB133-ASA1-AA2,167,8 4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g).

AB133-ASA1-AA2,167,11 5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation.

AB133-ASA1-AA2,167,15 (b) The department shall approve or disapprove the plan under par. (a) within 90 days after receiving the plan. If the department disapproves the plan, the tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision.

AB133-ASA1-AA2, s. 1176d Section 1176d. 48.685 (5m) of the statutes is amended to read:

AB133-ASA1-AA2,168,13 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider a person specified in sub. (2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center or day care provider, substantially related to the care of a client.

AB133-ASA1-AA2, s. 1176g Section 1176g. 48.685 (5m) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-AA2,169,8 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to hire employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 may refuse to hire employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center or day care provider, substantially related to the care of a client.

AB133-ASA1-AA2, s. 1177r Section 1177r. 48.685 (6) (am) (intro.) of the statutes is renumbered 48.685 (6) (am) and amended to read:

AB133-ASA1-AA2,169,13 48.685 (6) (am) Every 4 years an entity shall require all of the following persons its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department:.

AB133-ASA1-AA2, s. 1178d Section 1178d. 48.685 (6) (am) 1. of the statutes is repealed.

AB133-ASA1-AA2, s. 1178g Section 1178g. 48.685 (6) (am) 2. of the statutes is repealed.

AB133-ASA1-AA2, s. 1179d Section 1179d. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1. and amended to read:

AB133-ASA1-AA2,170,2 48.685 (6) (b) 1. For persons specified under par. (a) caregivers who are licensed by the department, for persons specified in par. (am) 1. who are under 18 years of age, but not under 12 years of age, and who are employes, prospective employes, contractors or prospective contractors caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.

AB133-ASA1-AA2,170,7 2. For persons specified under par. (a) caregivers who are licensed or certified by a county department, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed or certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department.

AB133-ASA1-AA2,170,12 3. For persons specified under par. (a) caregivers who are licensed by a child welfare agency, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency

AB133-ASA1-AA2,170,20 4. For persons specified under par. (a) caregivers who are contracted with by a school board, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For all other persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department, county department, child welfare agency or school board, whichever is applicable.

AB133-ASA1-AA2, s. 1180g Section 1180g. 48.685 (7) (a) of the statutes is repealed.

AB133-ASA1-AA2, s. 1180h Section 1180h. 48.685 (7) (b) of the statutes is repealed.".

AB133-ASA1-AA2,170,23 467. Page 652, line 24: after that line insert:

AB133-ASA1-AA2,170,24 " Section 1182d. 48.69 of the statutes is amended to read:

AB133-ASA1-AA2,171,15 48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.

AB133-ASA1-AA2, s. 1183d Section 1183d. 48.715 (1) of the statutes is amended to read:

AB133-ASA1-AA2,171,19 48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home or day care center.

AB133-ASA1-AA2, s. 1184d Section 1184d. 48.715 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,171,24 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, group home or day care center if the child welfare agency, shelter care facility, group home or day care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.

AB133-ASA1-AA2, s. 1185d Section 1185d. 48.715 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,172,5 48.715 (2) (b) That a person who employs a person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.

AB133-ASA1-AA2, s. 1186d Section 1186d. 48.715 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,172,11 48.715 (4) (intro.) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 48.66 (1) (a) or a probationary license issued under s. 48.69 for any of the following reasons:

AB133-ASA1-AA2, s. 1187d Section 1187d. 48.715 (5) of the statutes is amended to read:

AB133-ASA1-AA2,172,16 48.715 (5) The department may deny a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to any person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years.

AB133-ASA1-AA2, s. 1188d Section 1188d. 48.715 (6) of the statutes is amended to read:

AB133-ASA1-AA2,173,7 48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB133-ASA1-AA2, s. 1189d Section 1189d. 48.715 (7) of the statutes is amended to read:

AB133-ASA1-AA2,173,15 48.715 (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.".

AB133-ASA1-AA2,173,16 468. Page 653, line 3: after that line insert:

AB133-ASA1-AA2,173,17 " Section 1189r. 48.75 (1m) of the statutes is amended to read:

AB133-ASA1-AA2,173,21 48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 with information about each person who is denied a license for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.".

AB133-ASA1-AA2,173,22 469. Page 655, line 23: after that line insert:

AB133-ASA1-AA2,173,23 " Section 1201p. 49.001 (1r) of the statutes is created to read:

AB133-ASA1-AA2,174,6 49.001 (1r) "Family planning" means voluntary action by individuals to prevent or aid conception. "Family planning" does not include the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the promotion, encouragement or counseling in favor of, or referral directly or through an intermediary for any of the following:

AB133-ASA1-AA2,174,7 (a) Prenatal care and delivery.

AB133-ASA1-AA2,174,8 (b) Infant care, foster care or adoption.

AB133-ASA1-AA2, s. 1201q Section 1201q. 49.001 (1s) of the statutes is created to read:

AB133-ASA1-AA2,174,14 49.001 (1s) "Family planning services" mean counseling by trained personnel regarding family planning; distribution of information relating to family planning; and referral to licensed nurse practitioners within the scope of their practice, licensed physicians or local health departments for consultation, examination, medical treatment and prescriptions for the purpose of family planning.".

AB133-ASA1-AA2,174,15 470. Page 655, line 23: after that line insert:

AB133-ASA1-AA2,174,16 " Section 1201t. 49.015 (1m) (b) 5. of the statutes is created to read:

AB133-ASA1-AA2,174,18 49.015 (1m) (b) 5. The individual has infectious tuberculosis, as defined in s. 252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).".

AB133-ASA1-AA2,174,19 471. Page 657, line 5: after that line insert:

AB133-ASA1-AA2,174,20 " Section 1207m. 49.08 of the statutes is amended to read:

AB133-ASA1-AA2,175,17 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).".

AB133-ASA1-AA2,175,18 472. Page 663, line 25: delete that line.

AB133-ASA1-AA2,175,19 473. Page 664, line 1: delete lines 1 to 6.

AB133-ASA1-AA2,175,20 474. Page 676, line 21: after that line insert:

AB133-ASA1-AA2,175,21 " Section 1274m. 49.159 (2) of the statutes is amended to read:

AB133-ASA1-AA2,176,5 49.159 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs.".

AB133-ASA1-AA2,176,6 475. Page 682, line 16: delete "49.143 (3p)" and substitute "49.179".

AB133-ASA1-AA2,176,7 476. Page 683, line 8: delete lines 8 and 9 and substitute:

AB133-ASA1-AA2,176,9 "(j) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in fiscal year 1999-2000 and $3,925,100 in fiscal year 2000-01.".