SB230: Bill Text

SB230,6,14 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

SB230,6,15 1. The person's name.

SB230,6,16 2. The person's social security number.

SB230,6,18 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

SB230,7,2 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

SB230,7,4 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB230, s. 7 Section 7. 48.65 (1) of the statutes is amended to read:

SB230,7,13 48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m), if applicable, and pay the license fee under sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB230, s. 8 Section 8. 48.65 (1m) of the statutes is created to read:

SB230,7,18 48.65 (1m) (a) Before applying for initial licensure or license renewal, an applicant for a license to provide care and supervision for 9 or more children, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

SB230,8,2 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

SB230,8,4 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

SB230,8,5 1. The person's name.

SB230,8,6 2. The person's social security number.

SB230,8,8 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

SB230,8,17 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

SB230,8,19 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

SB230, s. 9 Section 9. 48.68 (1) of the statutes is amended to read:

SB230,9,10 48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67. The investigation shall include a background investigation as provided in sub. (1m). In determining whether to issue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 49.19 (12) 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

SB230, s. 10 Section 10. 48.68 (1m) of the statutes is created to read:

SB230,9,19 48.68 (1m) (a) After receipt of an application for a license, the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant. If the applicant is applying for a license to operate a day care center that provides care and supervision for 4 to 8 children, the department shall also conduct a background investigation of each employe and prospective employe of the applicant. If the applicant is applying for a license to operate a foster home or a treatment foster home, the department shall also conduct a background investigation of each adult who resides with the applicant.

SB230,9,25 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

SB230,10,5 (c) Upon request, a person being investigated under par. (a) shall provide the department with all of the following information:

SB230,10,6 1. The person's name.

SB230,10,7 2. The person's social security number.

SB230,10,9 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

SB230,10,19 (d) The department may issue or renew a license conditioned on the receipt of a satisfactory background investigation. The department may not issue a license to or renew the license of any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that the department may issue a license to or renew the license of a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if the violation occurred 20 years or more before the date of the investigation.

SB230,10,25 (e) The department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the department may disclose any information obtained under this subsection to a person who is conducting a background investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.75 (1m) or 118.19 (10). Such information is not subject to inspection or copying under s. 19.35.

SB230,11,3 (f) The department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

SB230, s. 11 Section 11. 48.715 (2) (bm) of the statutes is created to read:

SB230,11,11 48.715 (2) (bm) That a person who employs a person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, terminate the employment of that person immediately on receipt of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.

SB230, s. 12 Section 12. 48.75 (1) of the statutes is amended to read:

SB230,12,2 48.75 (1) Child welfare agencies, if licensed to do so by the department, and county departments may license foster homes and treatment foster homes . After receipt of an application for a license, the child welfare agency or county department shall investigate to determine if the applicant meets the minimum requirements for a license under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. The investigation shall include a background investigation as provided in sub. (1m). A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable and may be revoked by the child welfare agency or by the county department because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor.

SB230, s. 13 Section 13. 48.75 (1m) of the statutes is created to read:

SB230,12,7 48.75 (1m) (a) After receipt of an application for a license, the child welfare agency or county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant and of each adult who resides with the applicant.

SB230,12,17 (b) If the person being investigated under par. (a) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the child welfare agency or county department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the child welfare agency or county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

SB230,12,19 (c) Upon request, a person being investigated under par. (a) shall provide the child welfare agency or county department with all of the following information:

SB230,12,20 1. The person's name.

SB230,12,21 2. The person's social security number.

SB230,12,23 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

SB230,13,5 (d) The child welfare agency or county department may issue or renew a license or permit conditioned upon the receipt of a satisfactory background investigation. The child welfare agency or county department may not issue a license to or renew the license of any person who has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of ch. 940, 944 or 948 or who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645.

SB230,13,13 (e) The child welfare agency or county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the child welfare agency may disclose any information obtained under this subsection to any other child welfare agency or county department conducting an investigation under this subsection or to any person conducting an investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.68 (1m) or 118.19 (10). Such information is not subject to inspection or copying under s. 19.35.

SB230,13,16 (f) The child welfare agency or county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

SB230, s. 14 Section 14. Initial applicability; health and social services.

SB230,13,22 (1)   Criminal background investigations. The treatment of sections 48.22 (7) and (7m), 48.60 (1) and (1m), 48.625 (1) and (1m), 48.65 (1) and (1m), 48.68 (1) and (1m) and 48.75 (1) and (1m) of the statutes first applies to applications to operate a child welfare agency, group home, shelter care facility, day care center, foster home or treatment foster home received on the effective date of this subsection.

SB230,14,3 (2)  Sanctions and penalties. The treatment of section 48.715 (2) (bm) of the statutes first applies to proceedings under section 48.715 of the statutes, as affected by this act, commenced on the effective date of this subsection.

SB230,14,4 (End)