Amendment SSA1-SB82

SB82-SSA1,9,25 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 under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of 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 child care center, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may refuse to certify a child care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a child care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the child care center or child 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, contracted agency, school board, child care center, or child care provider, substantially related to the care of a client.

SB82-SSA1, s. 19 Section 19. 48.685 (6) (am) of the statutes is amended to read:

SB82-SSA1,10,25 48.685 (6) (am) Except as provided in this paragraph, every 4 years an entity shall require all of its caregivers and all nonclient residents of the entity or of a caregiver specified in sub. (1) (ag) 1. am. of the entity to complete a background information form that is provided to the entity by the department. Every year a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a day child care provider that is certified under s. 48.651 shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the day child care center or day child care provider by the department.

SB82-SSA1, s. 20 Section 20. 48.979 of the statutes is created to read:

SB82-SSA1,11,10 48.979 Delegation of power by parent. (1) (a) A parent who has legal custody of a child, by a power of attorney that is properly executed by all parents who have legal custody of the child, may delegate to an agent, for a period not to exceed one year, any of his or her powers regarding the care and custody of the child, except the power to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, the termination of parental rights to the child, or the enlistment of the child in the U.S. armed forces. A delegation of powers under this paragraph does not deprive the parent of any of his or her powers regarding the care and custody of the child.

SB82-SSA1,11,21 (b) If a delegation of powers to an agent under par. (a) is facilitated by an entity, as defined in s. 48.685 (1) (b), that entity shall obtain the information specified in s. 48.685 (2) (b) 1. with respect to the proposed agent and any nonclient resident, as defined in s. 48.685 (1) (bm), of the proposed agent. Subject to s. 48.685 (5), if that information indicates that the proposed agent may not be a contractor, as defined in s. 48.685 (1) (ar), of the entity or that a nonclient resident of the proposed agent may not be permitted to reside with the proposed agent for a reason specified in s. 48.685 (4m) (b) 1. to 5., the entity may not facilitate a delegation of powers to the proposed agent under par. (a). The entity shall provide the department of health services with information about each person who is denied a delegation of powers or permission to reside under this paragraph for a reason specified in s. 48.685 (4m) (b) 1. to 5.

SB82-SSA1,11,25 (c) A parent who has legal custody of a child may not place the child in a foster home, group home, or inpatient treatment facility by means of a delegation of powers under par. (a). Those placements may be made only by means of a court order or as provided in s. 48.63 or 51.13.

SB82-SSA1,12,2 (d) A delegation of powers under par. (a) does not prevent or supersede any of the following:

SB82-SSA1,12,4 1. An agency, a sheriff, or a police department from receiving and investigating a report of suspected or threatened abuse or neglect of the child under s. 48.981.

SB82-SSA1,12,6 2. The child from being taken into and held in custody under ss. 48.19 to 48.21 or 938.19 to 938.21.

SB82-SSA1,12,7 3. An intake worker from conducting an intake inquiry under s. 48.24 or 938.24.

SB82-SSA1,12,10 4. A court from exercising jurisdiction over the child under s. 48.13 or 938.13. This subdivision does not preclude a delegation of powers under par. (a) that is not in conflict with a court order granted in the exercise of that jurisdiction.

SB82-SSA1,12,15 (e) A parent who has delegated his or her powers regarding the care and custody of a child under par. (a) may revoke that delegation at any time by executing a written revocation and notifying the agent in writing of the revocation. A written revocation invalidates the delegation of powers except with respect to acts already taken in reliance on the delegation of powers.

SB82-SSA1,12,17 (2) A power of attorney complies with sub. (1) (a) if the power of attorney substantially conforms to the following form:

SB82-SSA1,12,18 power of attorney

SB82-SSA1,12,19 delegating parental power

SB82-SSA1,12,20 Authorized by s. 48.979, Wis. Stats.

SB82-SSA1,12,21 NAME(S) OF CHILD(REN)

SB82-SSA1,12,23 This power of attorney is for the purpose of providing for the care and custody of:

SB82-SSA1,12,24 Name, address, and date of birth of child ....

SB82-SSA1,12,25 Name, address, and date of birth of child ....

SB82-SSA1,13,1 Name, address, and date of birth of child ....

SB82-SSA1,13,2 DELEGATION OF POWER TO AGENT

SB82-SSA1,13,4 I, .... (name and address of parent), state that I have legal custody of the child(ren) named above. (Only a parent who has legal custody may use this form.)

SB82-SSA1,13,5 I delegate my parental power to:

SB82-SSA1,13,6 Name of agent ....

SB82-SSA1,13,7 Agent's address ....

SB82-SSA1,13,8 Agent's telephone number(s) ....

SB82-SSA1,13,9 Agent's e-mail address ....

SB82-SSA1,13,10 Relationship of agent to child(ren) ....

SB82-SSA1,13,11 The parental power I am delegating is as follows:

SB82-SSA1,13,12 full

SB82-SSA1,13,14 (Check if you want to delegate full parental power regarding the care and custody of the child(ren) names above.)

SB82-SSA1,13,16 .... Full parental power regarding the care and custody of the child(ren) named above

SB82-SSA1,13,17 partial

SB82-SSA1,13,19 (Check each subject over which you want to delegate your parental power regarding the child(ren) names above.)

SB82-SSA1,13,20 .... The power to consent to all health care; or

SB82-SSA1,13,21 .... The power to consent to only the following health care:

SB82-SSA1,13,23 .... Ordinary or routine health care, excluding major surgical procedures, extraordinary procedures, and experimental treatment

SB82-SSA1,13,24 .... Emergency blood transfusion

SB82-SSA1,13,25 .... Dental care

SB82-SSA1,14,1 .... Disclosure of health information about the child(ren)

SB82-SSA1,14,2 .... The power to consent to educational and vocational services

SB82-SSA1,14,3 .... The power to consent to the employment of the child(ren)

SB82-SSA1,14,5 .... The power to consent to the disclosure of confidential information, other than health information, about the child(ren)

SB82-SSA1,14,6 .... The power to provide for the care and custody of the child(ren)

SB82-SSA1,14,8 .... The power to consent to the child(ren) obtaining a motor vehicle operator's license

SB82-SSA1,14,9 .... The power to travel with the child(ren) outside the state of Wisconsin

SB82-SSA1,14,10 .... The power to obtain substitute care, such as child care, for the child(ren)

SB82-SSA1,14,14 .... Other specifically delegated powers or limits on delegated powers (Fill in the following space or attach a separate sheet describing any other specific powers that you wish to delegate or any limits that you wish to place on the powers you are delegating.) ....

SB82-SSA1,14,17 This delegation of parental powers does not deprive a custodial or noncustodial parent of any of his or her powers regarding the care and custody of the child, whether granted by court order or force of law.

SB82-SSA1,14,24 THIS DOCUMENT MAY NOT BE USED TO DELEGATE THE POWER TO CONSENT TO THE MARRIAGE OR ADOPTION OF THE CHILD(REN), THE PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR THE CHILD(REN), THE TERMINATION OF PARENTAL RIGHTS TO THE CHILD(REN), THE ENLISTMENT OF THE CHILD(REN) IN THE U.S. ARMED FORCES OR TO PLACE THE CHILD(REN) IN A FOSTER HOME, GROUP HOME, OR INPATIENT TREATMENT FACILITY.

SB82-SSA1,14,25 EFFECTIVE DATE AND TERM OF THIS DELEGATION

SB82-SSA1,15,8 This Power of Attorney takes effect on .... and will remain in effect until .... If no termination date is given or if the termination date given is more than one year after the effective date of this Power of Attorney, this Power of Attorney will remain in effect for a period of one year after the effective date, but no longer. This Power of Attorney may be revoked in writing at any time by a parent who has legal custody of the child(ren) and such a revocation invalidates the delegation of parental powers made by this Power of Attorney, except with respect to acts already taken in reliance on this Power of Attorney.

SB82-SSA1,15,9 SIGNATURE(S) OF PARENT(S)

SB82-SSA1,15,10 Signature of parent .... Date ....

SB82-SSA1,15,11 Parent's name printed ....

SB82-SSA1,15,12 Parent's address ....

SB82-SSA1,15,13 Parent's telephone number ....

SB82-SSA1,15,14 Parent's e-mail address ....

SB82-SSA1,15,15 Signature of parent .... Date ....

SB82-SSA1,15,16 Parent's name printed ....

SB82-SSA1,15,17 Parent's address ....

SB82-SSA1,15,18 Parent's telephone number ....

SB82-SSA1,15,19 Parent's e-mail address ....

SB82-SSA1,15,20 WITNESSING OF SIGNATURE(S) (OPTIONAL)

SB82-SSA1,15,21 State of ....

SB82-SSA1,15,22 County of ....

SB82-SSA1,15,23 This document was signed before me on .... (date) by .... (name(s) of parent(s)).

SB82-SSA1,15,24 Signature of notary ....

SB82-SSA1,15,25 My commission expires: ....

SB82-SSA1,16,1 STATEMENT OF AGENT

SB82-SSA1,16,8 I, .... (name and address of agent), understand that .... (name(s) of parent(s)) has (have) delegated to me the powers specified in this Power of Attorney regarding the care and custody of .... (name(s) of child(ren)). I further understand that this Power of Attorney may be revoked in writing at any time by a parent who has legal custody of .... (name(s) of child(ren)). I hereby declare that I have read this Power of Attorney, understand the powers delegated to me by this Power of Attorney, am fit, willing, and able to undertake those powers, and accept those powers.

SB82-SSA1,16,9 Agent's signature .... Date ....

SB82-SSA1,16,10 APPENDIX

SB82-SSA1,16,12 (Here the parent(s) may indicate where they may be located during the term of the Power of Attorney if different from the address(es) set forth above.)

SB82-SSA1,16,13 .... I can be located at:

SB82-SSA1,16,14 Address(es) ....

SB82-SSA1,16,15 Telephone number(s) ....

SB82-SSA1,16,16 E-mail address(es) ....

SB82-SSA1,16,17 .... Or, by contacting:

SB82-SSA1,16,18 Name ....

SB82-SSA1,16,19 Address ....

SB82-SSA1,16,20 Telephone number ....

SB82-SSA1,16,21 E-mail address ....

SB82-SSA1,16,22 .... Or, I cannot be located

SB82-SSA1,16,23 (3) (a) In this subsection:

SB82-SSA1,16,25 1. "Agent" means a person to whom delegation of the care and custody of a child under this section is facilitated by an organization.

SB82-SSA1,17,2 2. "Organization" means an organization that facilitates delegations of the care and custody of children under this section.