SB40-CSA1, s. 1311 3Section 1311. 48.57 (3p) (fm) 2m. of the statutes is amended to read:
SB40-CSA1,642,144 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) or s. 48.62 (5)
5(a) or (b) may provisionally employ a person in a position in which that person would
6have regular contact with the child for whom those payments are being made or
7provisionally permit a person to be an adult resident if the person receiving those
8payments states to the county department or, in a county having a population of
9500,000 or more, the department of health and family services that, to the best of his
10or her knowledge, the employee or adult resident does not have any arrests or
11convictions that could adversely affect the child or the ability of the person receiving
12payments to care for the child. A person receiving payment under sub. (3n) or s. 48.62
13(5) (a) or (b) may not finally employ a person in a position in which that person would
14have regular contact with the child for whom those payments are being made or
15finally permit a person to be an adult resident until the county department or, in a
16county having a population of 500,000 or more, the department of health and family
17services
receives information from the department of justice relating to the person's
18conviction record under the law of this state and that record indicates either that the
19person has not been arrested or convicted or that the person has been arrested or
20convicted but the director of the county department or, in a county having a
21population of 500,000 or more, the person designated by the secretary of health and
22family services
to review conviction records under this subdivision determines that
23the conviction record is satisfactory because it does not include any arrest or
24conviction that is likely to adversely affect the child or the ability of the person
25receiving payments to care for the child and the county department or department

1of health and family services so advises the person receiving payments under sub.
2(3n) or s. 48.62 (5) (a) or (b). A person receiving payments under sub. (3n) or s. 48.62
3(5) (a) or (b) may finally employ a person in a position in which that person would
4have regular contact with the child for whom those payments are being made or
5finally permit a person to be an adult resident conditioned on the receipt of
6information from the county department or, in a county having a population of
7500,000 or more, the department of health and family services that the federal
8bureau of investigation indicates that the person's conviction record under the law
9of any other state or under federal law is satisfactory because the conviction record
10does not include any arrest or conviction that the director of the county department
11or, in a county having a population of 500,000 or more, the person designated by the
12secretary of health and family services to review conviction records under this
13subdivision determines is likely to adversely affect the child or the ability of the
14person receiving payments to care for the child.
SB40-CSA1, s. 1312 15Section 1312. 48.57 (3p) (g) (intro.) of the statutes is amended to read:
SB40-CSA1,642,2216 48.57 (3p) (g) (intro.) Except as provided in par. (h), the county department or,
17in a county having a population of 500,000 or more, the department of health and
18family services
may not make payments to a person applying for payments under
19sub. (3m) and a person receiving payments under sub. (3m) may not employ a person
20in a position in which that person would have regular contact with the child for whom
21those payments are being made or permit a person to be an adult resident if any of
22the following applies:
SB40-CSA1, s. 1313 23Section 1313. 48.57 (3p) (g) 3. of the statutes is amended to read:
SB40-CSA1,643,1124 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944,
25or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63, or 948.70,

1or of a violation of the law of any other state or federal law that would be a violation
2of ch. 940, 944, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45,
3948.63, or 948.70, if committed in this state, except that a county department or, in
4a county having a population of 500,000 or more, the department of health and family
5services
may make payments to a person applying for payments under sub. (3m) and
6a person receiving payments under sub. (3m) may employ in a position in which the
7person would have regular contact with the child for whom those payments are being
8made or permit to be an adult resident a person who has been convicted of a violation
9of s. 944.30, 944.31, or 944.33 or of a violation of the law of any other state or federal
10law that would be a violation of s. 944.30, 944.31, or 944.33 if committed in this state,
11if that violation occurred 20 years or more before the date of the investigation.
SB40-CSA1, s. 1314 12Section 1314. 48.57 (3p) (h) 2. of the statutes is amended to read:
SB40-CSA1,643,2013 48.57 (3p) (h) 2. The request for review shall be filed with the director of the
14county department or, in a county having a population of 500,000 or more, with the
15person designated by the secretary of health and family services to receive requests
16for review filed under this subdivision. If the governing body of a federally
17recognized American Indian tribe or band has entered into an agreement under sub.
18(3t) to administer the program under this subsection and sub. (3m), the request for
19review shall be filed with the person designated by that governing body to receive
20requests for review filed under this subdivision.
SB40-CSA1, s. 1315 21Section 1315. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
SB40-CSA1,644,822 48.57 (3p) (h) 3. (intro.) The director of the county department, the person
23designated by the governing body of a federally recognized American Indian tribe or
24band or, in a county having a population of 500,000 or more, the person designated
25by the secretary of health and family services shall review the denial of payments or

1the prohibition on employment or being an adult resident to determine if the
2conviction record on which the denial or prohibition is based includes any arrests,
3convictions, or penalties that are likely to adversely affect the child or the ability of
4the kinship care relative to care for the child. In reviewing the denial or prohibition,
5the director of the county department, the person designated by the governing body
6of the federally recognized American Indian tribe or band or the person designated
7by the secretary of health and family services shall consider, but not be limited to,
8all of the following factors:
SB40-CSA1, s. 1316 9Section 1316. 48.57 (3p) (h) 4. of the statutes is amended to read:
SB40-CSA1,644,2310 48.57 (3p) (h) 4. If the director of the county department, the person designated
11by the governing body of the federally recognized American Indian tribe or band or,
12in a county having a population of 500,000 or more, the person designated by the
13secretary of health and family services determines that the conviction record on
14which the denial of payments or the prohibition on employment or being an adult
15resident is based does not include any arrests, convictions, or penalties that are likely
16to adversely affect the child or the ability of the kinship care relative to care for the
17child, the director of the county department, the person designated by the governing
18body of the federally recognized American Indian tribe or band, or the person
19designated by the secretary of health and family services may approve the making
20of payments under sub. (3m) or may permit a person receiving payments under sub.
21(3m) to employ a person in a position in which that person would have regular contact
22with the child for whom payments are being made or permit a person to be an adult
23resident.
SB40-CSA1, s. 1317 24Section 1317. 48.57 (3p) (i) of the statutes is amended to read:
SB40-CSA1,645,5
148.57 (3p) (i) A county department and, in a county having a population of
2500,000 or more, the department of health and family services shall keep
3confidential all information received under this subsection from the department of
4justice or the federal bureau of investigation. Such information is not subject to
5inspection or copying under s. 19.35.
SB40-CSA1, s. 1318 6Section 1318. 48.57 (3p) (j) of the statutes is amended to read:
SB40-CSA1,645,107 48.57 (3p) (j) A county department or, in a county having a population of
8500,000 or more, the department of health and family services may charge a fee for
9conducting a background investigation under this subsection. The fee may not
10exceed the reasonable cost of conducting the investigation.
SB40-CSA1, s. 1319 11Section 1319. 48.576 of the statutes is created to read:
SB40-CSA1,645,15 1248.576 Shelter care facilities; general supervision and inspection by
13department.
(1) Generally. The department shall investigate and supervise all
14shelter care facilities and familiarize itself with all the circumstances affecting their
15management and usefulness.
SB40-CSA1,645,23 16(2) Inspections. The department shall inquire into the methods of treatment,
17instruction, government, and management of children placed in shelter care
18facilities; the conduct of the trustees, managers, directors, superintendents, and
19other officers and employees of those facilities; the condition of the buildings,
20grounds, and all other property pertaining to those facilities; and all other matters
21pertaining to the usefulness and management of those facilities; and recommend to
22the officers in charge such changes and additional provisions as the department
23considers proper.
SB40-CSA1,646,3 24(3) Frequency of inspections. The department shall inspect and investigate
25each shelter care facility at least annually and, when directed by the governor, the

1department shall conduct a special investigation into a shelter care facility's
2management, or anything connected with its management, and report to the
3governor the testimony taken, the facts found, and conclusions drawn.
SB40-CSA1,646,11 4(4) Enforcement by attorney general and district attorneys. Upon request
5of the department, the attorney general or the district attorney of the proper county
6shall aid in any investigation, inspection, hearing, or trial had under the provisions
7of this chapter relating to powers of the department, and shall institute and
8prosecute all necessary actions or proceedings for the enforcement of those
9provisions and for the punishment of violations of those provisions. The attorney
10general or district attorney so requested shall report or confer with the department
11regarding the request, within 30 days after the receipt of the request.
SB40-CSA1,646,18 12(5) Opportunity to inspect. All trustees, managers, directors,
13superintendents, and other officers or employees of a shelter care facility shall at all
14times afford to every member of the department and its agents unrestrained facility
15for inspection of and free access to all parts of the buildings and grounds and to all
16books and papers of the shelter care facility, and shall give, either verbally or in
17writing, such information as the department requires. Any person who violates this
18subsection shall forfeit not less than $10 nor more than $100.
SB40-CSA1,646,22 19(6) Testimonial power; expenses. The department or any person delegated by
20the department may administer oaths, take testimony, and cause depositions to be
21taken. All expenses of the investigations, including fees of officers and witnesses,
22shall be charged to the appropriation for the department.
SB40-CSA1,646,24 23(7) Statistics to be furnished. Whenever the department is required to collect
24statistics, the person or agency shall furnish the required statistics on request.
SB40-CSA1, s. 1320 25Section 1320. 48.578 of the statutes is created to read:
SB40-CSA1,647,4
148.578 Shelter care facilities; establishment, approval, inspection. (1)
2The department shall fix reasonable standards and regulations for the design,
3construction, repair, and maintenance of shelter care facilities, with respect to their
4adequacy and fitness for the needs that they are to serve.
SB40-CSA1,647,8 5(2) The selection and purchase of the site, and the plans, specifications, and
6erection of buildings for shelter care facilities shall be subject to the review and
7approval of the department. Department review shall include review of the proposed
8program to be carried out by the shelter care facility.
SB40-CSA1,647,17 9(3) Before any shelter care facility is occupied, and at least annually thereafter,
10the department shall inspect the shelter care facility, with respect to safety,
11sanitation, adequacy, and fitness, and report to the authorities managing the shelter
12care facility any deficiency found, and order the necessary work to correct that
13deficiency. If within 6 months after the inspection the work is not commenced, or not
14completed within a reasonable period after commencement of the work, to the
15satisfaction of the department, the department shall suspend the allowance of state
16aid for, and prohibit the use of the shelter care facility, until the order is complied
17with.
SB40-CSA1, s. 1321 18Section 1321. 48.60 (3) of the statutes is amended to read:
SB40-CSA1,648,219 48.60 (3) Before issuing or continuing any license to a child welfare agency
20under this section, the department of health and family services shall review the
21need for the additional placement resources that would be made available by
22licensing or continuing the license of any child welfare agency after August 5, 1973,
23providing care authorized under s. 48.61 (3). Neither the department of health and
24family services
nor the department of corrections may make any placements to any

1child welfare agency where the departmental review required under this subsection
2has failed to indicate the need for the additional placement resources.
SB40-CSA1, s. 1322 3Section 1322. 48.62 (4) of the statutes is amended to read:
SB40-CSA1,648,154 48.62 (4) Monthly payments in foster care shall be provided according to the
5age-related rates specified in this subsection. Beginning on January 1, 2006, the
6age-related rates are $317 for a child under 5 years of age; $346 for a child 5 to 11
7years of age; $394 for a child 12 to 14 years of age; and $411
2008, the age-related
8rates are $333 for a child under 5 years of age; $363 for a child 5 to 11 years of age;
9$414 for a child 12 to 14 years of age; and $432 for a child 15 years of age or over.
10Beginning on January 1, 2009, the age-related rates are $349 for a child under 5
11years of age; $381 for a child 5 to 11 years of age; $433 for a child 12 to 14 years of
12age; and $452
for a child 15 years of age or over. In addition to these grants for basic
13maintenance, the department shall make supplemental payments for special needs,
14exceptional circumstances, care in a treatment foster home, and initial clothing
15allowances according to rules promulgated by the department.
SB40-CSA1, s. 1323 16Section 1323. 48.62 (5) (d) of the statutes is amended to read:
SB40-CSA1,649,517 48.62 (5) (d) The department shall request from the secretary of the federal
18department of health and human services a waiver of the requirements under 42
19USC 670
to 679a that would authorize the state to receive federal foster care and
20adoption assistance reimbursement under 42 USC 670 to 679a for the costs of
21providing care for a child who is in the care of a guardian who was licensed as the
22child's foster parent or treatment foster parent before the guardianship appointment
23and who has entered into a subsidized guardianship agreement with the county
24department or department. If the waiver is approved for a county having a
25population of 500,000 or more, the department shall provide the monthly payments

1under par. (a) from the appropriations under s. 20.435 (3) 20.437 (1) (cx), (gx), (kw),
2and (mx). If the waiver is approved for any other county, the department shall
3determine which counties are authorized to provide monthly payments under par.
4(a) or (b), and the county departments of those counties shall provide those payments
5from moneys received under s. 46.495 48.569 (1) (d).
SB40-CSA1, s. 1324 6Section 1324. 48.627 (2) (c) of the statutes is amended to read:
SB40-CSA1,649,127 48.627 (2) (c) The department shall conduct a study to determine the
8cost-effectiveness of purchasing insurance to provide standard homeowner's or
9renter's liability insurance coverage for applicants who are granted a waiver under
10par. (b). If the department determines that it would be cost-effective to purchase
11such insurance, it may purchase the insurance from the appropriations under s.
1220.435 (3) 20.437 (1) (cf) and (pd).
SB40-CSA1, s. 1325 13Section 1325. 48.627 (2c) of the statutes is amended to read:
SB40-CSA1,649,2214 48.627 (2c) The department shall determine the cost-effectiveness of
15purchasing private insurance that would provide coverage to foster, treatment foster,
16and family-operated group home parents for acts or omissions by or affecting a child
17who is placed in a foster home, a treatment foster home, or a family-operated group
18home. If this private insurance is cost-effective and available, the department shall
19purchase the insurance from the appropriations under s. 20.435 (3) 20.437 (1) (cf)
20and (pd). If the insurance is unavailable, payment of claims for acts or omissions by
21or affecting a child who is placed in a foster home, a treatment foster home, or a
22family-operated group home shall be in accordance with subs. (2m) to (3).
SB40-CSA1, s. 1326 23Section 1326. 48.627 (2m) of the statutes is amended to read:
SB40-CSA1,650,524 48.627 (2m) Within the limits of the appropriations under s. 20.435 (3) 20.437
25(1)
(cf) and (pd), the department shall pay claims to the extent not covered by any

1other insurance and subject to the limitations specified in sub. (3), for bodily injury
2or property damage sustained by a licensed foster, treatment foster , or
3family-operated group home parent or a member of the foster, treatment foster, or
4family-operated group home parent's family as a result of the act of a child in the
5foster, treatment foster, or family-operated group home parent's care.
SB40-CSA1, s. 1327 6Section 1327. 48.627 (2s) (intro.) of the statutes is amended to read:
SB40-CSA1,650,107 48.627 (2s) (intro.) Within the limits of the appropriations under s. 20.435 (3)
820.437 (1) (cf) and (pd), the department may pay claims to the extent not covered by
9any other insurance and subject to the limitations specified in sub. (3), for all of the
10following:
SB40-CSA1, s. 1328 11Section 1328. 48.627 (3) (f) of the statutes is amended to read:
SB40-CSA1,650,2212 48.627 (3) (f) If the total amount of the claims approved during any calendar
13quarter exceeds 25% of the total funds available during the fiscal year for purposes
14of this subsection plus any unencumbered funds remaining from the previous
15quarter, the department shall prorate the available funds among the claimants with
16approved claims. The department shall also prorate any unencumbered funds
17remaining in the appropriation under s. 20.435 (3) 20.437 (1) (cf) at the end of each
18fiscal year among the claimants whose claims were prorated during the fiscal year.
19Payment of a prorated amount from unencumbered funds remaining at the end of
20the fiscal year constitutes a complete payment of the claim for purposes of this
21program, but does not prohibit a foster parent or treatment foster parent from
22submitting a claim under s. 16.007 for the unpaid portion.
SB40-CSA1, s. 1329 23Section 1329. 48.627 (4) of the statutes is amended to read:
SB40-CSA1,651,424 48.627 (4) Except as provided in s. 895.485, the department is not liable for any
25act or omission by or affecting a child who is placed in a foster home, treatment foster

1home, or family-operated group home, but shall, as provided in this section, pay
2claims described under sub. (2m) and may pay claims described under sub. (2s) or
3may purchase insurance to cover such claims as provided for under sub. (2c), within
4the limits of the appropriations under s. 20.435 (3) 20.437 (1) (cf) and (pd).
SB40-CSA1, s. 1330 5Section 1330. 48.63 (1) of the statutes is amended to read:
SB40-CSA1,652,46 48.63 (1) Acting under court order or voluntary agreement, the child's parent
7or guardian or the department of health and family services, the department of
8corrections, a county department, or a child welfare agency licensed to place children
9in foster homes, treatment foster homes, or group homes may place a child or
10negotiate or act as intermediary for the placement of a child in a foster home,
11treatment foster home, or group home. Voluntary agreements under this subsection
12may not be used for placements in facilities other than foster, treatment foster, or
13group homes and may not be extended. A foster home or treatment foster home
14placement under a voluntary agreement may not exceed 180 days from the date on
15which the child was removed from the home under the voluntary agreement. A group
16home placement under a voluntary agreement may not exceed 15 days from the date
17on which the child was removed from the home under the voluntary agreement,
18except as provided in sub. (5). These time limitations do not apply to placements
19made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be
20made only under this subsection and sub. (5) (b) and shall be in writing and shall
21specifically state that the agreement may be terminated at any time by the parent
22or guardian or by the child if the child's consent to the agreement is required. The
23child's consent to the agreement is required whenever the child is 12 years of age or
24older. If a county department, the department, or the department of corrections
25places a child or negotiates or acts as intermediary for the placement of a child under

1this subsection, the voluntary agreement shall also specifically state that the county
2department, department, or department of corrections has placement and care
3responsibility for the child as required under 42 USC 672 (a) (2) and has primary
4responsibility for providing services to the child.
SB40-CSA1, s. 1331 5Section 1331. 48.64 (1) of the statutes is amended to read:
SB40-CSA1,652,96 48.64 (1) Definition. In this section, "agency" means the department of health
7and family services
, the department of corrections, a county department, or a
8licensed child welfare agency authorized to place children in foster homes, treatment
9foster homes, or group homes.
SB40-CSA1, s. 1332 10Section 1332. 48.651 (1) (intro.) of the statutes is amended to read:
SB40-CSA1,652,2011 48.651 (1) (intro.) Each county department shall certify, according to the
12standards adopted by the department of workforce development under s. 49.155 (1d),
13each day care provider reimbursed for child care services provided to families
14determined eligible under s. 49.155, unless the provider is a day care center licensed
15under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county
16may charge a fee to cover the costs of certification. To be certified under this section,
17a person must meet the minimum requirements for certification established by the
18department of workforce development under s. 49.155 (1d), meet the requirements
19specified in s. 48.685 and pay the fee specified in this section. The county shall certify
20the following categories of day care providers:
SB40-CSA1, s. 1333 21Section 1333. 48.651 (1) (a) of the statutes is amended to read:
SB40-CSA1,652,2522 48.651 (1) (a) Level I certified family day care providers, as established by the
23department of workforce development under s. 49.155 (1d). No county may certify
24a provider under this paragraph if the provider is a relative of all of the children for
25whom he or she provides care.
SB40-CSA1, s. 1334
1Section 1334. 48.651 (1) (b) of the statutes is amended to read:
SB40-CSA1,653,32 48.651 (1) (b) Level II certified family day care providers, as established by the
3department of workforce development, under s. 49.155 (1d).
SB40-CSA1, s. 1335 4Section 1335. 48.651 (2m) of the statutes is amended to read:
SB40-CSA1,653,75 48.651 (2m) Each county department shall provide the department of health
6and family services
with information about each person who is denied certification
7for a reason specified in s. 48.685 (4m) (a) 1. to 5.
SB40-CSA1, s. 1338 8Section 1338. 48.66 (1) (a) of the statutes is amended to read:
SB40-CSA1,653,189 48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
10license and supervise child welfare agencies, as required by s. 48.60, group homes,
11as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care
12centers, as required by s. 48.65. The department may license foster homes or
13treatment foster homes, as provided by s. 48.62, and may license and supervise
14county departments in accordance with the procedures specified in this section and
15in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the
16records and visit the premises of all child welfare agencies, group homes, shelter care
17facilities, and day care centers and visit the premises of all foster homes and
18treatment foster homes in which children are placed.
SB40-CSA1, s. 1339 19Section 1339. 48.66 (2m) (a) 1. of the statutes is amended to read:
SB40-CSA1,654,220 48.66 (2m) (a) 1. Except as provided in subd. 2., the department of health and
21family services
shall require each applicant for a license under sub. (1) (a) to operate
22a child welfare agency, group home, shelter care facility, or day care center who is an
23individual to provide that department with the applicant's social security number,
24and shall require each applicant for a license under sub. (1) (a) to operate a child
25welfare agency, group home, shelter care facility, or day care center who is not an

1individual to provide that department with the applicant's federal employer
2identification number, when initially applying for or applying to continue the license.
SB40-CSA1, s. 1340 3Section 1340. 48.66 (2m) (a) 2. of the statutes is amended to read:
SB40-CSA1,654,94 48.66 (2m) (a) 2. If an applicant who is an individual does not have a social
5security number, the applicant shall submit a statement made or subscribed under
6oath or affirmation to the department of health and family services that the
7applicant does not have a social security number. The form of the statement shall
8be prescribed by the department of workforce development. A license issued in
9reliance upon a false statement submitted under this subdivision is invalid.
SB40-CSA1, s. 1341 10Section 1341. 48.66 (2m) (am) 2. of the statutes is amended to read:
SB40-CSA1,654,1611 48.66 (2m) (am) 2. If an applicant who is an individual does not have a social
12security number, the applicant shall submit a statement made or subscribed under
13oath or affirmation to the department of corrections that the applicant does not have
14a social security number. The form of the statement shall be prescribed by the
15department of workforce development. A license issued in reliance upon a false
16statement submitted under this subdivision is invalid.
SB40-CSA1, s. 1342 17Section 1342. 48.66 (2m) (b) of the statutes is amended to read:
SB40-CSA1,655,218 48.66 (2m) (b) If an applicant who is an individual fails to provide the
19applicant's social security number to the department of health and family services
20or if an applicant who is not an individual fails to provide the applicant's federal
21employer identification number to that the department, that department may not
22issue or continue a license under sub. (1) (a) to operate a child welfare agency, group
23home, shelter care facility, or day care center to or for the applicant unless the
24applicant is an individual who does not have a social security number and the

1applicant submits a statement made or subscribed under oath or affirmation as
2required under par. (a) 2.
SB40-CSA1, s. 1343 3Section 1343. 48.66 (2m) (c) of the statutes is amended to read:
SB40-CSA1,655,104 48.66 (2m) (c) The subunit of the department of health and family services that
5obtains a social security number or a federal employer identification number under
6par. (a) 1.
may not disclose any that information obtained under par. (a) 1. to any
7person except to the department of revenue for the sole purpose of requesting
8certifications under s. 73.0301 or on the request of the subunit of the department of
9workforce development
that administers the child and spousal support program
10under s. 49.22 (2m).
SB40-CSA1, s. 1344 11Section 1344. 48.66 (2m) (cm) of the statutes is amended to read:
SB40-CSA1,655,1412 48.66 (2m) (cm) The department of corrections may not disclose any
13information obtained under par. (am) 1. to any person except on the request of the
14department of workforce development under s. 49.22 (2m).
SB40-CSA1, s. 1345 15Section 1345. 48.675 (3) (intro.) of the statutes is amended to read:
SB40-CSA1,655,2016 48.675 (3) Support services. (intro.) The department shall provide funds from
17the appropriation under s. 20.435 (6) 20.437 (1) (a) to enable foster parents and
18treatment foster parents to attend education programs approved under sub. (2) and
19shall promulgate rules concerning disbursement of the funds. Moneys disbursed
20under this subsection may be used for the following purposes:
SB40-CSA1, s. 1346 21Section 1346. 48.685 (1) (bg) of the statutes is repealed.
SB40-CSA1, s. 1347 22Section 1347. 48.685 (1) (d) of the statutes is repealed.
SB40-CSA1, s. 1348 23Section 1348. 48.685 (2) (am) 5. of the statutes is amended to read:
SB40-CSA1,656,924 48.685 (2) (am) 5. Information maintained by the department of health and
25family services
under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13

1(14) regarding any denial to the person of a license, continuation or renewal of a
2license, certification, or a contract to operate an entity for a reason specified in sub.
3(4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract
4with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to
55. If the information obtained under this subdivision indicates that the person has
6been denied a license, continuation or renewal of a license, certification, a contract,
7employment, or permission to reside as described in this subdivision, the
8department, a county department, a child welfare agency or a school board need not
9obtain the information specified in subds. 1. to 4.
SB40-CSA1, s. 1349 10Section 1349. 48.685 (2) (b) 1. (intro.) of the statutes is amended to read:
SB40-CSA1,656,1211 48.685 (2) (b) 1. (intro.) Every entity shall obtain all of the following with
12respect to a caregiver specified in sub. (1) (ag) 1. a. of the entity:
SB40-CSA1, s. 1350 13Section 1350. 48.685 (2) (b) 1. e. of the statutes is amended to read:
SB40-CSA1,656,2314 48.685 (2) (b) 1. e. Information maintained by the department of health and
15family services
under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13
16(14) regarding any denial to the person of a license, continuation or renewal of a
17license, certification, or a contract to operate an entity for a reason specified in sub.
18(4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract
19with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to
205. If the information obtained under this subd. 1. e. indicates that the person has
21been denied a license, continuation or renewal of a license, certification, a contract,
22employment, or permission to reside as described in this subd. 1. e., the entity need
23not obtain the information specified in subd. 1. a. to d.
SB40-CSA1, s. 1351 24Section 1351. 48.685 (2) (c) of the statutes is created to read:
SB40-CSA1,657,8
148.685 (2) (c) 1. If the person who is the subject of the search under par. (am)
2is seeking an initial license to operate a foster home or treatment foster home or is
3seeking relicensure after a break in licensure, the department, county department,
4or child welfare agency shall request under 42 USC 16962 (b) a fingerprint-based
5check of the national crime information databases, as defined in 28 USC 534 (f) (3)
6(A). The department, county department, or child welfare agency may release any
7information obtained under this subdivision only as permitted under 42 USC 16962
8(e).
SB40-CSA1,657,199 2. If the person who is the subject of the search under par. (am) is seeking a
10license to operate a foster home or treatment foster home or is an adult nonclient
11resident of the foster home or treatment foster home and if the person is not, or at
12any time within the 5 years preceding the date of the search has not been, a resident
13of this state, the department, county department, or child welfare agency shall check
14any child abuse or neglect registry maintained by any state or other U.S. jurisdiction
15in which the person is a resident or was a resident within those 5 years for
16information that is equivalent to the information specified in par. (am) 4. The
17department, county department, or child welfare agency may not use any
18information obtained under this subdivision for any purpose other than a search of
19the person's background under par. (am).
SB40-CSA1, s. 1352 20Section 1352. 48.685 (3) (a) of the statutes is amended to read:
SB40-CSA1,658,521 48.685 (3) (a) Every 4 years or at any time within that period that the
22department, a county department, a child welfare agency, or a school board considers
23appropriate, the department, county department, child welfare agency , or school
24board shall request the information specified in sub. (2) (am) 1. to 5. for all persons
25caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to

1operate an entity, for all persons who are nonclient residents of an entity such a
2caregiver,
and for all persons under 18 years of age, but not under 12 years of age,
3who are caregivers of a day care center that is licensed under s. 48.65 or established
4or contracted for under s. 120.13 (4) or of a day care provider that is certified under
5s. 48.651.
SB40-CSA1, s. 1353 6Section 1353. 48.685 (3) (b) of the statutes is amended to read:
SB40-CSA1,658,137 48.685 (3) (b) Every 4 years or at any time within that period that an entity
8considers appropriate, the entity shall request the information specified in sub. (2)
9(b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the
10entity other than persons under 18 years of age, but not under 12 years of age, who
11are caregivers of a day care center that is licensed under s. 48.65 or established or
12contracted for under s. 120.13 (14) or of a day care provider that is certified under s.
1348.651.
Loading...
Loading...