AB100: Bill Text

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 (this act), is repealed and recreated to read: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.

AB100, s. 1661 Section 1661. 48.66 (5) of the statutes is repealed and recreated to read:

AB100,746,21 48.66 (5) A child welfare agency, group home, day care center or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under s. 48.67 are met, the application is approved, the applicable fee referred to in s. 48.68 (1) is paid, any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for a day care center, the fee under s. 48.65 (1m) (j) is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 48.715 (4) and (4m) (b).

AB100, s. 1662 Section 1662. 48.67 of the statutes is amended to read:

AB100,747,7 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of education public instruction before promulgating these rules.

AB100, s. 1663 Section 1663. 48.68 (1) of the statutes is amended to read:

AB100,747,23 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. In determining whether to issue or continue 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), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). 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. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

AB100, s. 1664 Section 1664. 48.68 (2) of the statutes is amended to read:

AB100,748,4 48.68 (2) Before renewing continuing the license of any child welfare agency or group home, the department shall consider all formal complaints filed under s. 48.745 (2) and the disposition of each during the current license previous 2-year period.

AB100, s. 1665 Section 1665. 48.69 of the statutes is amended to read:

AB100,748,20 48.69 Probationary licenses. If Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1). A probationary license issued under this section may be renewed for one 6-month period.

AB100, s. 1666 Section 1666. 48.715 (3) (a) 3. of the statutes is amended to read:

AB100,749,5 48.715 (3) (a) 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department, or shall make arrangements acceptable to the department for the payment of that forfeiture, within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer for deposit in the school fund.

AB100, s. 1667 Section 1667. 48.715 (3) (c) of the statutes is amended to read:

AB100,749,7 48.715 (3) (c) Refusal to renew continue a license or a probationary license.

AB100, s. 1668 Section 1668. 48.715 (4) (e) of the statutes is created to read:

AB100,749,10 48.715 (4) (e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under s. 48.66 (5).

AB100, s. 1669 Section 1669. 48.715 (4m) (b) of the statutes is amended to read:

AB100,749,14 48.715 (4m) (b) For revocations under sub. (4) (b) or, (c) or (e), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation.

AB100, s. 1670 Section 1670. 48.715 (5m) of the statutes is created to read:

AB100,749,20 48.715 (5m) The department shall revoke a license if, on the date on which the licensing fee under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b) is due, the licensee has outstanding any forfeiture imposed by the department under sub. (3) (a) that the licensee has failed to pay in accordance with sub. (3) (a) 3. or in accordance with an arrangement made under sub. (3) (a) 3.

AB100, s. 1671 Section 1671. 48.715 (6) of the statutes is created to read:

AB100,750,8 48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to continue or otherwise withhold a license under s. 48.66 (1) or a probationary license under s. 48.69 to operate a child welfare agency, group home shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB100, s. 1672 Section 1672. 48.715 (7) of the statutes is created to read:

AB100,750,16 48.715 (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided under s. 73.0301 (2) (b) 1. and 2. and not as provided in s. 48.72.

AB100, s. 1673 Section 1673. 48.72 of the statutes is amended to read:

AB100,751,3 48.72 Appeal procedure. Any person aggrieved by the department's refusal or failure to issue or, renew or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue or, renew or continue a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB100, s. 1674 Section 1674. 48.72 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,751,17 48.72 Appeal procedure. Except as provided in s. 48.715 (6) and (7), any person aggrieved by the department's refusal or failure to issue, renew or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew or continue a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB100, s. 1675 Section 1675. 48.735 of the statutes is amended to read:

AB100,751,22 48.735 Immunization requirements; day care centers. The department, after notice to a licensee, may suspend, revoke or refuse to renew continue a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.