AB100: Bill Text

AB100, s. 1621 Section 1621. 48.57 (3p) (e) (intro.) of the statutes is amended to read:

AB100,731,8 48.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 500,000 or more, the department of health and family services with all of the following information:

AB100, s. 1622 Section 1622. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB100,731,22 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless that the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The county department or department of industry, labor and job development health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB100, s. 1623 Section 1623. 48.57 (3p) (fm) 2. of the statutes is amended to read:

AB100,732,23 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the department of health and family services and the person receiving payments under sub. (3m) or the department of health and family services so advises that person. A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB100, s. 1624 Section 1624. 48.57 (3p) (g) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 71f, is amended to read:

AB100,733,7 48.57 (3p) (g) (intro.) Subject to par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB100, s. 1625 Section 1625. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB100,733,13 48.57 (3p) (g) 2. The person 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 has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

AB100, s. 1626 Section 1626. 48.57 (3p) (g) 3. of the statutes is amended to read:

AB100,734,2 48.57 (3p) (g) 3. The person 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, or of a violation of the law of any other state or federal law that would be 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, if committed in this state, except that the a county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB100, s. 1627 Section 1627. 48.57 (3p) (i) of the statutes is amended to read:

AB100,734,8 48.57 (3p) (i) The A county department and, in a county having a population of 500,000 or more, the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB100, s. 1628 Section 1628. 48.57 (3p) (j) of the statutes is amended to read:

AB100,734,13 48.57 (3p) (j) The A county department or, in a county having a population of 500,000 or more, the department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB100, s. 1629 Section 1629. 48.58 (1) (b) of the statutes is amended to read:

AB100,734,17 48.58 (1) (b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under s. 46.215, if the delinquent juveniles are placed in separate facilities;

AB100, s. 1630 Section 1630. 48.59 (1) of the statutes is amended to read:

AB100,735,7 48.59 (1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department, department or agency shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department , department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency.

AB100, s. 1631 Section 1631. 48.60 (1) of the statutes is amended to read:

AB100,735,18 48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100, s. 1632 Section 1632. 48.60 (2) (c) of the statutes is amended to read:

AB100,735,21 48.60 (2) (c) A public agency other than a county that has established a child caring institution under s. 938.22;

AB100, s. 1633 Section 1633. 48.60 (3) of the statutes is amended to read:

AB100,736,6 48.60 (3) Before issuing or continuing any license to a child welfare agency under this section, the department of health and family services shall review the need for the additional placement resources that would be made available by the licensing or relicensing continuing the license of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3). Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.

AB100, s. 1634 Section 1634. 48.615 (1) (a) of the statutes is amended to read:

AB100,736,12 48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $100 $110, plus a biennial fee of $15 $16.50 per child, based on the number of children that the child welfare agency is licensed to serve.

AB100, s. 1635 Section 1635. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,736,19 48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.

AB100, s. 1636 Section 1636. 48.615 (1) (b) of the statutes is amended to read:

AB100,736,24 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $210 $231.

AB100, s. 1637 Section 1637. 48.615 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,737,6 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $254.10

AB100, s. 1638 Section 1638. 48.615 (1) (c) of the statutes is amended to read:

AB100,737,10 48.615 (1) (c) A child welfare agency that wishes to renew continue a license issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the renewal continuation date of the license.

AB100, s. 1639 Section 1639. 48.615 (2) of the statutes is amended to read:

AB100,737,17 48.615 (2) A child welfare agency that wishes to renew continue a license issued under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by the renewal continuation date of the license or a new child welfare agency that fails to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.

AB100, s. 1640 Section 1640. 48.625 (1) of the statutes is amended to read:

AB100,738,2 48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100, s. 1641 Section 1641. 48.625 (2) (a) of the statutes is amended to read:

AB100,738,10 48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $100 $110, plus a biennial fee of $15 $16.50 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to renew continue a license issued under sub. (1) shall pay the fee under this paragraph by the renewal continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

AB100, s. 1642 Section 1642. 48.625 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,738,19 48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

AB100, s. 1643 Section 1643. 48.625 (2) (b) of the statutes is amended to read:

AB100,738,25 48.625 (2) (b) A group home that wishes to renew continue a license issued under sub. (1) and that fails to pay the fee under par. (a) by the renewal continuation date of the license or a new group home that fails to pay the fee under par. (a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.

AB100, s. 1644 Section 1644. 48.627 (2) (a) of the statutes is amended to read:

AB100,739,9 48.627 (2) (a) Before the department, a county department or a licensed child welfare agency may issue or, renew or continue a foster home, treatment foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home or family-operated group home that result in bodily injury or property damage to 3rd parties.

AB100, s. 1645 Section 1645. 48.65 (1) of the statutes is amended to read:

AB100,739,18 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 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 until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100, s. 1646 Section 1646. 48.65 (1m) (b) 2. of the statutes is amended to read:

AB100,740,2 48.65 (1m) (b) 2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of any person who, on July 1, 1996, is a day care provider licensed under this section or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after July 1, 1996, or on the person's application for license continuation or contract renewal, whichever is earlier.

AB100, s. 1647 Section 1647. 48.65 (1m) (b) 3. of the statutes is amended to read:

AB100,740,9 48.65 (1m) (b) 3. Subject to subd. 2., the department of health and family services may, at the time of renewal continuation of the license or renewal of the contract of a day care provider licensed under this section or contracted for under s. 120.13 (14), or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.

AB100, s. 1648 Section 1648. 48.65 (1m) (c) 2. of the statutes is amended to read:

AB100,740,17 48.65 (1m) (c) 2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on July 1, 1996, is licensed under this section or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after that date or on the person's application for license continuation or contract renewal, whichever is earlier.

AB100, s. 1649 Section 1649. 48.65 (1m) (c) 3. of the statutes is amended to read:

AB100,741,2 48.65 (1m) (c) 3. Subject to subd. 2., the department of health and family services may, at the time of renewal continuation of the license or renewal of the contract of a day care provider licensed under this section or contracted for under s. 120.13 (14) or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving day care from the day care provider or of any adult resident of the day care provider.

AB100, s. 1650 Section 1650. 48.65 (3) (a) of the statutes is amended to read:

AB100,741,14 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $50 $55. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25 $27.50, plus a biennial fee of $7 $7.70 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the renewal continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB100, s. 1651 Section 1651. 48.65 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,742,2 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $8.47 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB100, s. 1652 Section 1652. 48.65 (3) (b) of the statutes is amended to read:

AB100,742,9 48.65 (3) (b) A day care center that wishes to renew continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the renewal continuation date of the license or a new day care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.

AB100, s. 1653 Section 1653. 48.651 (1) (intro.) of the statutes is amended to read:

AB100,742,18 48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of industry, labor and job development under s. 46.03 (21) 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

AB100, s. 1654 Section 1654. 48.651 (1) (a) of the statutes is amended to read:

AB100,742,24 48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 46.03 (21) of industry, labor and job development under s. 49.155 (1d). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care. The department may establish by rule other requirements for certification under this paragraph.

AB100, s. 1655 Section 1655. 48.651 (1) (b) of the statutes is amended to read:

AB100,743,5 48.651 (1) (b) Level II certified family day care providers, as established by the department under s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers. The department may establish by rule requirements for certification under this paragraph of industry, labor and job development, under s. 49.155 (1d).

AB100, s. 1656 Section 1656. 48.66 (1) of the statutes is amended to read:

AB100,743,23 48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children. A license issued under this subsection, other than a license to operate a foster home, treatment foster home or secured child caring institution, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or secured child caring institution may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection is transferrable.

AB100, s. 1657 Section 1657. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,744,18 48.66 (1) Except as provided under s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. Except as provided under s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children. A license issued under this subsection, other than a license to operate a foster home, treatment foster home or secured child caring institution, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or secured child caring institution may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection is transferable.

AB100, s. 1658 Section 1658. 48.66 (2) of the statutes is amended to read:

AB100,745,2 48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.

AB100, s. 1659 Section 1659. 48.66 (2m) of the statutes is created to read:

AB100,745,11 48.66 (2m) (a) The department of health and family services shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with his or her social security number, and shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the person's federal employer identification number, when initially applying for or applying to continue the license.

AB100,745,15 (am) The department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual to provide that department with his or her social security number when initially applying for or applying to renew the license.

AB100,745,23 (b) The department of health and family services may not issue or continue a license specified in par. (a), and the department of corrections may not issue or renew a license specified in par. (am), to or for an applicant who is an individual unless the applicant has provided his or her social security number to that department. The department of health and family services may not issue or continue a license specified in par. (a) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB100,746,4 (c) The department of health and family services may not disclose any information obtained under par. (a) and the department of corrections may not disclose any information obtained under par. (am) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or to the department of industry, labor and job development under s. 49.22 (2m).

AB100, s. 1660 Section 1660. 48.66 (4) of the statutes is repealed.