LRB-0905/1
GMM:kmg:km
1995 - 1996 LEGISLATURE
January 24, 1995 - Introduced by Senators Darling, Moore, Andrea, Farrow,
Plewa, Cowles, Rosenzweig, A. Lasee, Drzewiecki and Buettner,
cosponsored by Representatives
Schneiders, Krusick, Foti, Plache, Duff,
Dobyns, Kreibich, Owens, Huber, Ainsworth, Springer, Zukowski,
Ziegelbauer, Ladwig, Robson, Wood, Cullen, Wirch, Musser, Hahn,
Silbaugh, Freese, Ward, Brandemuehl, Otte, Huebsch, Lazich, Hoven, La
Fave, Krug, Grobschmidt, Albers, Turner, Gunderson, Notestein, Walker,
Vrakas, Ryba and
Ott. Referred to Committee on Health, Human Services and
Aging.
SB24,1,2
1An Act to create 48.62 (1) (c) of the statutes;
relating to: preventing felons from
2obtaining a license to operate a foster home or treatment foster home.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, it is an act of employment
discrimination to refuse to license an individual based on the individuals conviction
record. Currently, however, it is not an act of employment discrimination based on
a conviction record to refuse to license an individual who has been convicted of an
offense the circumstances of which substantially relate to the circumstances of the
particular licensed activity. This bill prohibits the department of health and social
services (DHSS), a county department of human services or social services (county
department) or a licensed child welfare agency from issuing a license to operate a
foster home or treatment foster home to any person who has been convicted of a
felony and not pardoned. DHSS, a county department or a licensed child welfare
agency may request the department of justice to conduct a criminal history search
of any applicant for a foster care or treatment foster care license.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB24, s. 1
3Section
1. 48.62 (1) (c) of the statutes is created to read:
SB24,2,54
48.62
(1) (c) Notwithstanding ss. 111.321, 111.322 and 111.335, the
5department, a county department or a licensed child welfare agency as provided in
1s. 48.75 may not issue a license to operate a foster home or a treatment foster home
2to any person who has been convicted of a felony and not pardoned. The department,
3a county department or a licensed child welfare agency may request the department
4of justice to conduct a criminal history search of any applicant for a foster care or
5treatment foster care license.
SB24,2,9
7(1)
Foster care and treatment foster care licenses. This act first applies to
8foster care and treatment foster care licenses issued on the effective date of this
9subsection.
