AB606: Bill Text

AB606, s. 10 Section 10. 46.81 (5) of the statutes is amended to read:

AB606,18,2 46.81 (5) From the appropriation under s. 20.435 (7) (dj) the department shall allocate $132,500 $182,500 in each fiscal year to area agencies on aging. Each area agency on aging shall use the funds for training, supervision and legal back-up services for benefit specialists within its area.

AB606, s. 11 Section 11. 48.561 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,18,7 48.561 (3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 $30,489,200 in state fiscal year 1997 -- 98 for the provision of child welfare services in that county by the department.

AB606, s. 12 Section 12. 48.561 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 1600d, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB606,18,12 48.561 (3) (a) A county having a population of 500,000 or more shall contribute $60,978,400 in each state fiscal year for the provision of child welfare services in that county by the department.

AB606, s. 13 Section 13. 48.57 (3p) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,19,2 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department of health and family services determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department of health and family services shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB606, s. 14 Section 14. 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,19,6 48.685 (1) (a) "Client" means a child who receives direct care or treatment services from an entity.

AB606, s. 15 Section 15. 48.685 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,19,12 48.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the department, a county department or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a resident or prospective resident of an entity:

AB606, s. 16 Section 16. 48.685 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,19,18 48.685 (2) (b) 1. (intro.) Subject to subds. 1. e. , and 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:

AB606, s. 17 Section 17. 48.685 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (2) (bd) and amended to read:

AB606,20,2 48.685 (2) (bd) Subdivision 1. does Paragraphs (am) and (b) 1. do not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

AB606, s. 18 Section 18. 48.685 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,20,16 48.685 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.

AB606, s. 19 Section 19. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,20,25 48.685 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (am) or (b) 1. An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.

AB606, s. 20 Section 20. 48.685 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,21,8 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department or a school board considers appropriate, the department, county department or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and for all persons specified in par. (ag) (intro.) who are residents of an entity.

AB606, s. 21 Section 21. 48.685 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,21,14 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.

AB606, s. 22 Section 22. 48.685 (5) (f) of the statutes is created to read:

AB606,21,17 48.685 (5) (f) An offense that is included in the list established by the department by rule promulgated under sub. (7) (am).

AB606, s. 23 Section 23. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,22,10 48.685 (6) (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, by the department, for persons specified in par. (am) 2. who are residents or prospective residents of an entity licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for For persons specified under par. (a) who are certified by a county department, for persons specified in par. (am) 2. who are residents or prospective residents of an entity certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department. For persons specified under par. (a) who are contracted with by a school board, for persons specified in par. (am) 2. who are residents or prospective residents of an entity contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB606, s. 24 Section 24. 48.685 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,22,24 48.685 (7) (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client, shall include those crimes or acts that are included in the list established under par. (am), shall include the offenses specified in sub. (5) (a) to (e) and shall include classes of crimes or acts involving misappropriation of the property of a client or abuse or neglect of a client for which no a person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB606, s. 25 Section 25. 48.685 (7) (am) of the statutes is created to read:

AB606,23,9 48.685 (7) (am) Establish by rule a list of crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), involving the abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The list may also include other crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), that do not involve the abuse or neglect of a client, but that are substantially related to the care of a client, for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB606, s. 26 Section 26. 49.141 (1) (p) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,23,16 49.141 (1) (p) "Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, except that "Wisconsin works" does not include the Wisconsin works health plan under s. 49.153, unless a waiver under s. 49.153 (1m) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted.

AB606, s. 27 Section 27. 49.141 (7) (c) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,23,22 49.141 (7) (c) Except as provided in par. (d), in addition to the penalties applicable under par. (a) or (b), a person shall be suspended from participating in Wisconsin works, except s. 49.153, for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:

AB606, s. 28 Section 28. 49.155 (1m) (a) 1m. of the statutes, as created by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB606,24,5 49.155 (1m) (a) 1m. Obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) and at least one of the following conditions is met:

AB606,24,6 a. The individual is 18 or 19 years of age.

AB606,24,10 b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or is in a foster home or treatment foster home licensed under s. 48.62, a group home or an independent living arrangement supervised by an adult.

AB606, s. 29 Section 29. 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,24,21 49.22 (2m) The department may request from any person any information it determines appropriate and necessary for the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. Except as provided in sub. (2p) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this subsection only in the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB606, s. 30 Section 30. 49.45 (18) (b) 6. of the statutes is amended to read:

AB606,24,25 49.45 (18) (b) 6. Transportation by common carrier or private motor vehicle, if authorized in advance by a county department under s. 46.215 or 46.22 , or by specialized medical vehicle.

AB606, s. 31 Section 31. 50.065 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,4 50.065 (1) (b) "Client" means a person who receives direct care or treatment services from an entity.

AB606, s. 32 Section 32. 50.065 (1) (c) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,11 50.065 (1) (c) (intro.) "Entity" means a facility, organization or service that is regulated, licensed or certified by or registered with the department to provide direct care or treatment services to clients. "Entity" includes a personal care worker agency and a supportive home care service agency. "Entity" does not include any of the following:

AB606, s. 33 Section 33. 50.065 (1) (c) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,16 50.065 (1) (c) 3. A person certified as a medical assistance provider, as defined in s. 49.43 (10), who is not otherwise regulated, licensed or certified by or registered with the department.

AB606, s. 34 Section 34. 50.065 (1) (c) 6. of the statutes is created to read:

AB606,25,18 50.065 (1) (c) 6. A public health dispensary established under s. 252.10.

AB606, s. 35 Section 35. 50.065 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,24 50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license, certify or register a person to operate an entity or continue the license, certification or registration of a person to operate an entity if the department knows or should have known any of the following:

AB606, s. 36 Section 36. 50.065 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,26,6 50.065 (2) (am) (intro.) The Subject to par. (bd), the department shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a resident or prospective resident of an entity:

AB606, s. 37 Section 37. 50.065 (2) (am) 5. of the statutes is created to read:

AB606,26,18 50.065 (2) (am) 5. Information maintained by the department under this section regarding any denial to the person of a license, certification or registration or of a continuation of a license, certification or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, certification or registration, continuation of a license, certification or registration, a contract, employment or permission to reside as described in this subdivision, the department, a county department or a school board need not obtain the information specified in subds. 1. to 4.

AB606, s. 38 Section 38. 50.065 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,26,24 50.065 (2) (b) 1. (intro.) Subject to subds. subd. 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:

AB606, s. 39 Section 39. 50.065 (2) (b) 1. e. of the statutes is created to read:

AB606,27,10 50.065 (2) (b) 1. e. Information maintained by the department under this section regarding any denial to the person of a license, certification or registration or of a continuation of a license, certification or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, certification or registration, continuation of a license, certification or registration, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

AB606, s. 40 Section 40. 50.065 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 50.065 (2) (bd) and amended to read:

AB606,27,19 50.065 (2) (bd) Subdivision 1. does Paragraphs (am) and (b) 1. do not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

AB606, s. 41 Section 41. 50.065 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,28,8 50.065 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c and e.

AB606, s. 42 Section 42. 50.065 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,28,17 50.065 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (am) or (b) 1. An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.

AB606, s. 43 Section 43. 50.065 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,28,23 50.065 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity and for all persons specified in par. (ag) (intro.) who are residents of an entity.

AB606, s. 44 Section 44. 50.065 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,29,4 50.065 (3) (b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.

AB606, s. 45 Section 45. 50.065 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,29,16 50.065 (5) (intro.) The department may license, certify or register to operate an entity a person who otherwise may not be licensed certified or registered for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB606, s. 46 Section 46. 50.065 (5) (f) of the statutes is created to read:

AB606,29,19 50.065 (5) (f) An offense that is included in the list established by the department by rule promulgated under sub. (7) (am).

AB606, s. 47 Section 47. 50.065 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,30,3 50.065 (5m) Notwithstanding s. 111.335, the department may refuse to license, certify or register a person to operate an entity, and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department or entity, substantially related to the care of a client.

AB606, s. 48 Section 48. 50.065 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,30,8 50.065 (6) (a) The department shall require any person who applies for issuance or continuation of a license, certification or registration to operate an entity to complete a background information form that is provided by the department.

AB606, s. 49 Section 49. 50.065 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,30,16 50.065 (6) (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, the department, for person specified in par. (am) 2., and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB606, s. 50 Section 50. 50.065 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,31,4 50.065 (7) (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client, shall include those crimes or acts that are included in the list established under par. (am), shall include the offenses specified in sub. (5) (a) to (e) and shall include classes of crimes or acts involving abuse or neglect of a client for which no a person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB606, s. 51 Section 51. 50.065 (7) (am) of the statutes is created to read:

AB606,31,14 50.065 (7) (am) Establish by rule a list of crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), involving the abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The list may also include other crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), that do not involve the abuse or neglect of a client, but that are substantially related to the care of a client, for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) what he or she has been rehabilitated.

AB606, s. 52 Section 52. 59.53 (5) of the statutes, as affected by 1997 Wisconsin Act 3 and 1997 Wisconsin Act 27, section 2165, is amended to read:

AB606,32,7 59.53 (5) Child and spousal support; paternity program; medical support liability program. The board shall contract with the department of workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner and all other county officials shall cooperate with the county and the department of workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development under s. 49.22 for services provided under this subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

AB606, s. 53 Section 53. 66.46 (6) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read: