AB432: Bill Text

AB432, s. 1 Section 1. 48.68 (1) of the statutes is amended to read:

AB432,4,5 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, all applicable zoning ordinances and the requirements of s. 59.69 (15) (b), 60.63 (1) and (2) or 62.23 (7) (i) 1. and 2., whichever is applicable. 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), 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. 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.

AB432, s. 2 Section 2. 48.68 (1r) of the statutes is created to read:

AB432,4,9 48.68 (1r) (a) An application for a license or for renewal of a license to operate a child welfare agency or group home shall identify the client group to be served. The department shall define "client group" by rule for purposes of this section.

AB432,4,12 (b) A child welfare agency or group home may not change the client group served unless it submits a written application for approval of the change to the department and obtains the department's approval.

AB432,4,15 (c) A child welfare agency or group home may not provide care and maintenance for a person who is not a member of the client group identified under par. (a) by the child welfare agency or group home.

AB432, s. 3 Section 3. 48.68 (3) of the statutes is amended to read:

AB432,5,13 48.68 (3) Within 10 working days after receipt of an application applying for initial licensure of a child welfare agency or group home or within 10 working days after applying for approval of a change in the client group served, the department applicant shall notify the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, of receipt submission of the application. The department notification shall request state that the planning commission or agency may send to the department, within 30 45 days after the date of the notification, a description of any specific hazards which may affect the health and safety of the residents of the child welfare agency or group home. The applicant shall send a copy of the notification to the department. No license may be issued and no approval of a change in the client group served may be granted to a child welfare agency or group home until the 30-day 45-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license or granting approval of a change in the client group served, the department shall give full consideration to such hazards determined by the planning commission or agency. Prior to issuing a license or granting approval of a change in the client group served, the department shall work with the applicant to address each of the hazards described. If the department issues a license or approves a change in the client group served, the department shall respond in writing to the planning commission or agency addressing each of the hazards described and stating why the license was issued or approval granted despite the hazards.

AB432, s. 4 Section 4. 48.68 (3m) of the statutes is created to read:

AB432,5,19 48.68 (3m) Within 10 working days after submitting an application for department approval of a change in the client group served, the applicant shall notify the community advisory committee established under sub. (4) or, if there is no community advisory committee, shall establish one that conforms to the requirements of sub. (4).

AB432, s. 5 Section 5. 48.68 (4) of the statutes is amended to read:

AB432,6,14 48.68 (4) Prior to initial licensure of a residential facility operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, appointed by the child welfare agency or group home operator, representatives of the neighborhood in which the proposed residential facility or group home will be located and a local unit of government appointed by the mayor or city manager, village president or town board chairperson or his or her designee and representatives of the city, village or town appointed by the mayor or city manger, village president or town board chairperson or his or her designee. A majority of the members of the community advisory committee shall be representatives of the neighborhood, and representatives of the city, village or town, in which the proposed residential facility or group home will be located. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential facility or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential facility or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.

AB432, s. 6 Section 6. 48.68 (5) of the statutes is created to read:

AB432,7,2 48.68 (5) (a) If the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, describes any specific hazards under sub. (3), if the community advisory committee expresses any concerns regarding the impact of the proposed child welfare agency or group home or proposed change in the client group served on the neighborhood or if the department, following its investigation under sub. (1), has any concerns regarding any specific hazards as described in sub. (3) or regarding the impact of the proposed child welfare agency or group home or proposed change in the client group served on the neighborhood, the department may issue the license or approve the proposed change in the client group served subject to any conditions that the department may impose to address those specific hazards or concerns.

AB432,7,9 (b) After issuing a license or approving a change in the client group served, the department may not change any condition imposed under par. (a) to make that condition less stringent unless the department first provides to the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, notice of the proposed change and an explanation showing that the proposed change would not endanger the health or safety of the residents of the child welfare agency or group home.

AB432, s. 7 Section 7. 50.03 (1g) of the statutes is created to read:

AB432,7,14 50.03 (1g) Unauthorized residents. No person operating or maintaining a community-based residential facility may permit any person who is not a member of the client group identified under sub. (3) (cm) to become a resident of the community-based residential facility.

AB432, s. 8 Section 8. 50.03 (3) (cm) of the statutes is created to read:

AB432,7,21 50.03 (3) (cm) An application for a license or for renewal of a license to operate a community-based residential facility shall identify the client group to be served. The department shall define "client group" by rule for purposes of this section. A community-based residential facility may not change the client group served unless it submits a written application for approval of the change to the department and obtains the department's approval.

AB432, s. 9 Section 9. 50.03 (4) (a) 1. b. of the statutes is amended to read:

AB432,8,16 50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue a license for a community-based residential facility if it finds the applicant to be fit and qualified, if it finds that the community-based residential facility meets the requirements established by this subchapter, all applicable zoning ordinances and the requirements of s. 59.69 (15) (b), 60.63 (1) and (2) or 62.23 (7) (i) 1. and 2., whichever is applicable, and if the community-based residential facility has paid the license fee under s. 50.037 (2) (a). In determining whether to issue a license for a community-based residential facility, 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 or welfare of a resident. The department may deny licensure to or not renew licensure for any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked. The department, or its designee, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and shall file written reports. Before renewing the license of any community-based residential facility, the department shall consider all complaints filed under sub. (2) (f) during the current license period and the disposition of each. The department shall promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.

AB432, s. 10 Section 10. 50.03 (4) (a) 3. of the statutes is amended to read:

AB432,9,14 50.03 (4) (a) 3. Within 10 working days after receipt of an application applying for initial licensure of a community-based residential facility or within 10 working days after applying for approval of a change in the client group served, the department applicant shall notify the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, of receipt submission of the application. The department notification shall request state that the planning commission or agency may send to the department, within 30 after the date of the notification, days a description of any specific hazards which may affect the health and safety of the residents of the community-based residential facility. The applicant shall send a copy of the notification to the department. No license may be granted issued and no approval of a change in the client group served may be granted to a community-based residential facility until the 30-day 45-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In granting issuing a license or granting approval of a change in the client group served, the department shall give full consideration to such hazards determined by the planning commission or agency. Prior to issuing a license or granting approval of a change in the client group served, the department shall work with the applicant to address each of the hazards described. If the department issues a license or approves a change in the client group served, the department shall respond in writing to the planning commission or agency addressing each of the hazards described and stating why the license was issued or approval granted despite the hazards.

AB432, s. 11 Section 11. 50.03 (4) (a) 4. of the statutes is created to read:

AB432,9,20 50.03 (4) (a) 4. Within 10 working days after submitting an application for department approval of a change in the client group served, the applicant shall notify the community advisory committee established under par. (g) or, if there is no community advisory committee, shall establish one that conforms to the requirements of par. (g).

AB432, s. 12 Section 12. 50.03 (4) (g) of the statutes is amended to read:

AB432,9,25 50.03 (4) (g) Prior to initial licensure of a community-based residential facility, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the proposed community-based residential facility, appointed by the proposed community-based residential facility, representatives of the neighborhood in which the proposed community-based residential facility will be located and a local unit of government appointed by the mayor or city manager, village president or town board chairperson or his or her designee and representatives of the city, village or town appointed by the mayor or city manager, village president or town board chairperson or his or her designee. A majority of the members of the community advisory committee shall be representatives of the neighborhood, and representatives of the city, village or town, in which the proposed community-based residential facility will be located. The community advisory committee shall provide a forum for communication for those persons interested in the proposed community-based residential facility. Any committee established under this paragraph shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the community-based residential facility on the neighborhood. The department shall determine compliance with this paragraph both prior to and after initial licensure.

AB432, s. 13 Section 13. 50.03 (4) (h) of the statutes is created to read:

AB432,11,2 50.03 (4) (h) 1. If the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, describes any specific hazards under par. (a) 3., if the community advisory committee expresses any concerns regarding the impact of the proposed community-based residential facility or proposed change in the client group served on the neighborhood or if the department, following its investigation under par. (a) 1., has any concerns regarding any specific hazards as described in par. (a) 3. or regarding the impact of the proposed community-based residential facility or proposed change in the client group served on the neighborhood, the department may issue the license or approve the proposed change in the client group served subject to any conditions that the department may impose to address those specific hazards or concerns.

AB432,11,9 2. After issuing a license or approving a change in the client group served, the department may not change any condition imposed under subd. 1. to make that condition less stringent unless the department first provides to the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, notice of the proposed change and an explanation showing that the proposed change would not endanger the health or safety of the residents of the community-based residential facility.

AB432, s. 14 Section 14. Initial applicability.

AB432,11,15 (1) Initial licensure and changes in client group served. The treatment of sections 48.68 (1), (1r), (3), (3m), (4) and (5) and 50.03 (3) (cm) and (4) (a) 1. b., 3. and 4., (g) and (h) of the statutes first applies to applications for initial licensure or for approval of a change in the client group served received by the department of health and family services on the effective date of this subsection.

AB432,11,16 (End)