AB100: Bill Text

AB100, s. 1660 Section 1660. 48.66 (4) of the statutes is repealed.

AB100, s. 1661 Section 1661. 48.66 (5) of the statutes is repealed and recreated to read: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

AB100, s. 1676 Section 1676. 48.737 of the statutes is amended to read:

AB100,752,5 48.737 Lead screening, inspection and reduction requirements; day care centers. The department, after notice to a day care provider certified under s. 48.651, or a day care center that holds a license under s. 48.65 or a probationary license under s. 48.69, may suspend, revoke or refuse to renew or continue a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168 or 254.172.

AB100, s. 1677 Section 1677. 48.745 (2) of the statutes is amended to read:

AB100,752,18 48.745 (2) Any individual may file a formal complaint under this section regarding the general operation of a child welfare agency or group home and shall not be subject to reprisals for doing so. All formal complaints regarding child welfare agencies and group homes shall be filed with the county department on forms supplied by the county department unless the county department designates the department to receive formal complaints. A county department shall designate the department to receive any formal complaints regarding a child welfare agency established by the county board of supervisors under s. 938.22. The county department shall investigate or cause to be investigated each formal complaint. Records of the results of each investigation and the disposition of each formal complaint shall be kept by the county department and filed with the subunit of the department which licenses child welfare agencies and group homes.

AB100, s. 1678 Section 1678. 48.75 (title) of the statutes is amended to read:

AB100,752,22 48.75 (title) Foster homes and treatment foster homes licensed by county departments public licensing agencies and by child welfare agencies.

AB100, s. 1679 Section 1679. 48.75 (1) of the statutes is renumbered 48.75 (1d) and amended to read:

AB100,753,11 48.75 (1d) Child welfare agencies, if licensed to do so by the department, and county departments public licensing agencies may license foster homes and treatment foster homes under the rules promulgated by the department under s. 48.67 governing the licensing of foster homes and treatment foster homes. 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 public licensing agency 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.

AB100, s. 1680 Section 1680. 48.75 (1b) of the statutes is created to read:

AB100,753,14 48.75 (1b) In this section, "public licensing agency" means a county department or, in a county having a population of 500,000 or more, the department.

AB100, s. 1681 Section 1681. 48.75 (1g) (a) (intro.) of the statutes is amended to read:

AB100,753,19 48.75 (1g) (a) (intro.) A county department public licensing agency may license a foster home only if the foster home is located in the county of the county department public licensing agency, except that a county department public licensing agency may license a foster home located in another county if any of the following applies:

AB100, s. 1682 Section 1682. 48.75 (1g) (a) 2. of the statutes is amended to read:

AB100,753,24 48.75 (1g) (a) 2. A foster parent licensed by the county department public licensing agency moves to the other county with a child who has been placed in the foster parent's home and the license will allow the foster parent to continue to care for that child.

AB100, s. 1683 Section 1683. 48.75 (1g) (a) 3. of the statutes is amended to read:

AB100,754,2 48.75 (1g) (a) 3. The county of the county department public licensing agency issuing the license and the county in which the foster home is located are contiguous.

AB100, s. 1684 Section 1684. 48.75 (1g) (a) 4. of the statutes is amended to read:

AB100,754,6 48.75 (1g) (a) 4. The county of the county department public licensing agency issuing the license has a population of 500,000 or more and the placement is for adoption under s. 48.833, 48.835 or 48.837.

AB100, s. 1685 Section 1685. 48.75 (1g) (c) (intro.) of the statutes is amended to read:

AB100,754,16 48.75 (1g) (c) (intro.) No license may be issued under this subsection par. (a) 1., 2. or 3. unless the county department public licensing agency issuing the license has notified the county department public licensing agency of the county in which the foster home will be located of its intent to issue the license and the 2 county departments public licensing agencies have entered into a written agreement under this paragraph. A county department public licensing agency is not required to enter into any agreement under this paragraph allowing the county department public licensing agency of another county to license a foster home within its jurisdiction. The written agreement shall include all of the following:

AB100, s. 1686 Section 1686. 48.75 (1g) (c) 1. of the statutes is amended to read:

AB100,754,20 48.75 (1g) (c) 1. A statement that the county department public licensing agency issuing the license is responsible for providing services to the child who is placed in the foster home, as specified in the agreement.

AB100, s. 1687 Section 1687. 48.75 (1g) (c) 2. of the statutes is amended to read:

AB100,754,24 48.75 (1g) (c) 2. A statement that the county department public licensing agency issuing the license is responsible for the costs of the placement and any related costs, as specified in the agreement.

AB100, s. 1688 Section 1688. 48.75 (1g) (d) of the statutes is amended to read:

AB100,755,8 48.75 (1g) (d) If the county department public licensing agency issuing a license under this subsection par. (a) 1., 2. or 3. violates the agreement under par. (c), the county department public licensing agency of the county in which the foster home is located may terminate the agreement and, subject to ss. 48.357 and 48.64, require the county department public licensing agency that issued the license to remove the child from the foster home within 30 days after receipt, by the county department public licensing agency that issued the license, of notification of the termination of the agreement.

AB100, s. 1689 Section 1689. 48.75 (1r) of the statutes is amended to read:

AB100,755,15 48.75 (1r) At the time of initial licensure and license renewal, the child welfare agency or county department public licensing agency issuing a license under sub. (1) (1d) or (1g) shall provide the 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. 1690 Section 1690. 48.75 (2) of the statutes is amended to read:

AB100,755,20 48.75 (2) Any foster home or treatment foster home applicant or licensee of a county department public licensing agency or a child welfare agency may, if aggrieved by the failure to issue or renew its license or by revocation of its license, appeal as provided in s. 48.72.

AB100, s. 1691 Section 1691. 48.78 (2) (d) 5. of the statutes is amended to read:

AB100,755,23 48.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on community supervision under s. 302.113 or 302.114.

AB100, s. 1692 Section 1692. 48.831 (4) (c) of the statutes is amended to read:

AB100,756,5 48.831 (4) (c) If the court finds that adoption is not in the child's best interest, the court shall order that the child be placed in the guardianship of the department and place the child in the custody of a county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department.

AB100, s. 1693 Section 1693. 48.832 of the statutes is amended to read:

AB100,756,21 48.832 (title) Transfer of guardianship upon revocation of guardian's license or contract. If the department revokes the license of a county department licensed under s. 48.57 (1) (e) or (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates the contract of a county department licensed under s. 48.57 (1) (e) to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department.

AB100, s. 1694 Section 1694. 48.837 (4) (d) of the statutes is amended to read:

AB100,757,2 48.837 (4) (d) May, at the request of a petitioning parent, or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), order the department or a county department under s. 48.57 (1) (e) or (hm) to place the child, pending the hearing on the petition, in any home licensed under s. 48.62 except the home of the proposed adoptive parents or a relative of the proposed adoptive parents.

AB100, s. 1695 Section 1695. 48.837 (4) (e) of the statutes is amended to read:

AB100,757,12 48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the child's paternity has been adjudicated or acknowledged in this state or another jurisdiction. If any person has filed a declaration of paternal interest under s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been adjudicated or acknowledged and if no person has filed a declaration under s. 48.025, the court shall attempt to ascertain the paternity of the child. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

AB100, s. 1696 Section 1696. 48.839 (4) (b) of the statutes is amended to read:

AB100,757,16 48.839 (4) (b) Shall transfer legal custody of the child to the department, in a county having a population of 500,000 or more, to a county department or to a child welfare agency licensed under s. 48.60.

AB100, s. 1697 Section 1697. 48.88 (2) (c) of the statutes is amended to read:

AB100,758,7 48.88 (2) (c) If a stepparent has filed a petition for adoption and no agency has guardianship of the child, the court shall order the department, in a county having a population of 500,000 or more, or a county department or, with the consent of the department in a county having a population of less than 500,000 or a licensed child welfare agency, order the department or the child welfare agency to conduct a screening, consisting of no more than one interview with the petitioner and a check of the petitioner's background through public records, including records maintained by the department or any county department under s. 48.981. The department, county department or child welfare agency that conducts the screening shall file a report of the screening with the court within 30 days. After reviewing the report, the court may proceed to act on the petition, may order the department in a county having a population of 500,000 or more or the county department to conduct an investigation as described under par. (a) (intro.) or may order the department in a county having a population of less than 500,000 or a licensed child welfare agency to make the investigation if the department or child welfare agency consents.

AB100, s. 1698 Section 1698. 48.91 (2) of the statutes is amended to read:

AB100,758,16 48.91 (2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, the court shall establish whether the rights of any persons who have filed declarations of paternal interest under s. 48.025 have been determined or whether paternity has been adjudicated or acknowledged in this state or in another jurisdiction. If the court finds that no such determination has been made, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity of the child and the rights of any person who has filed a declaration under s. 48.025.

AB100, s. 1699 Section 1699. 48.93 (1d) of the statutes is amended to read:

AB100,758,21 48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or (1r), s. 46.03 (29), 48.432, 48.433, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.

AB100, s. 1700 Section 1700. 48.977 (4) (a) 6. of the statutes is amended to read:

AB100,758,25 48.977 (4) (a) 6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938, a county department under s. 46.215, 46.22 or 46.23.

AB100, s. 1701 Section 1701. 48.981 (1) (ag) of the statutes is created to read:

AB100,759,5 48.981 (1) (ag) "Agency" means a county department, the department in a county having a population of 500,000 or more or a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 or more to perform investigations under this section.

AB100, s. 1702 Section 1702. 48.981 (3) (a) of the statutes is amended to read:

AB100,759,20 48.981 (3) (a) Referral of report. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department or the sheriff or city, village or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or to a belief that abuse or neglect will occur. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays or legal holidays, refer to the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department all cases reported to it. The county department , department or licensed child welfare agency may require that a subsequent report be made in writing. Each county department, the department and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.

AB100, s. 1703 Section 1703. 48.981 (3) (c) 1. of the statutes is amended to read:

AB100,760,22 48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the county department or licensed child welfare agency under contract with the county department agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations. If the investigation is of a report of abuse or neglect or threatened abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of abuse or neglect or threatened abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the county department or licensed child welfare agency involved to the child's parents, guardian or legal custodian. The county department or licensed child welfare agency under contract with the county department agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.