AB768: Bill Text

AB768, s. 166 Section 166. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,101,4 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 , or 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. (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under par. (am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.

AB768, s. 167 Section 167. 48.685 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,101,12 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency 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 nonclient residents of an entity.

AB768, s. 168 Section 168. 48.685 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,101,18 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.

AB768, s. 169 Section 169. 48.685 (3m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,102,2 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

AB768, s. 170 Section 170. 48.685 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (a) and amended to read:

AB768,102,15 48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with 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, the county department, the child welfare agency or the school board by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No

AB768,102,18 (b) For purposes other than licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB768, s. 171 Section 171. 48.685 (5) (a) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 1.

AB768, s. 172 Section 172. 48.685 (5) (b) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 2.

AB768, s. 173 Section 173. 48.685 (5) (b) 6. of the statutes is created to read:

AB768,102,25 48.685 (5) (b) 6. An offense that is included in the list established by the department by rule promulgated under sub. (7) (am).

AB768, s. 174 Section 174. 48.685 (5) (bm) of the statutes is created to read:

AB768,103,4 48.685 (5) (bm) For purposes of licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB768,103,5 1. An offense under ch. 948 that is a felony.

AB768,103,7 2. A violation of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

AB768,103,10 3. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

AB768,103,13 4. A violation of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB768,103,15 5. An offense that is included in the list established by the department under sub. (7) (am).

AB768, s. 175 Section 175. 48.685 (5) (c) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 3..

AB768, s. 176 Section 176. 48.685 (5) (d) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 4..

AB768, s. 177 Section 177. 48.685 (5) (e) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (5) (b) 5.

AB768, s. 178 Section 178. 48.685 (5c) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,104,4 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department or a child welfare agency that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB768, s. 179 Section 179. 48.685 (5c) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,104,11 48.685 (5c) (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under ch. 68.

AB768, s. 180 Section 180. 48.685 (5c) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,104,18 48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB768, s. 181 Section 181. 48.685 (5g) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,105,3 48.685 (5g) Beginning on the first January 1 after the effective date of this subsection .... [revisor inserts date] 1999, and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate to the department that they have been rehabilitated under sub. (5) (a), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) (a) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.

AB768, s. 182 Section 182. 48.685 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,105,16 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department may refuse to certify a day care provider under s. 48.651, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, a school board may refuse to contract with a person under s. 120.13 (14), 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, county department, child welfare agency, school board or entity, substantially related to the care of a client.

AB768, s. 183 Section 183. 48.685 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,106,2 48.685 (6) (a) The department shall require any person who applies for issuance or, continuation or renewal of a license to operate an entity, a county department shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62 and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.

AB768, s. 184 Section 184. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,107,2 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 nonclient residents or prospective nonclient residents of an entity that is 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 licensed or certified by a county department, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed or 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 licensed by a child welfare agency, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency. For persons specified under par. (a) who are contracted with by a school board, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is 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, county department, child welfare agency or school board, whichever is applicable.

AB768, s. 185 Section 185. 48.685 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,107,16 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) (b) 1. to 5. and (bm) 1. to 4. 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) (a) 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.

AB768, s. 186 Section 186. 48.685 (7) (am) of the statutes is created to read:

AB768,108,2 48.685 (7) (am) Establish by rule a list of crimes or acts, in addition to those offenses specified in sub. (5) (b) 1. to 5. and (bm) 1. to 4., 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) (a) 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) (b) 1. to 5. and (bm) 1. to 4., 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) (a) that he or she has been rehabilitated.

AB768, s. 187 Section 187. 48.685 (8) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,108,10 48.685 (8) The department, a county department, a child welfare agency or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB768, s. 188 Section 188. 48.69 of the statutes is amended to read:

AB768,109,2 48.69 Probationary licenses. If Except as provided under s. 48.715 (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 (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.

AB768, s. 189 Section 189. 48.715 (7) of the statutes is created to read:

AB768,109,9 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 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. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.

AB768, s. 190 Section 190. 48.72 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,109,23 48.72 Appeal procedure. Any Except as provided in s. 48.715 (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.

AB768, s. 191 Section 191. 48.75 (1m) of the statutes is created to read:

AB768,110,3 48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 with information about each person who is denied a license for a reason specified in s. 48.685 (2) (a) 1. to 5.

AB768, s. 192 Section 192. 48.977 (2) (f) of the statutes is amended to read:

AB768,110,13 48.977 (2) (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, except that the court need not find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

AB768, s. 193 Section 193. 49.145 (2) (i) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,110,25 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775. The department may require an individual who receives benefits under s. 49.148 and who has applied for supplemental security income under 42 USC 1381 to 1383c to authorize the federal social security administration to reimburse the department for the benefits paid to the individual under s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.

AB768, s. 194 Section 194. 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,111,11 49.22 (2m) The department may request from any person any information it determines appropriate and necessary for the administration of this section, ss. 49.19, 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. subs. (2p) and (2r) 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. 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB768, s. 195 Section 195. 49.22 (2r) of the statutes is created to read:

AB768,111,18 49.22 (2r) The department or a county child support agency under s. 59.53 (5) may, to the extent permitted under federal law, disclose information obtained under sub. (2m) to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

AB768, s. 196 Section 196. 49.22 (3m) of the statutes is created to read:

AB768,111,24 49.22 (3m) The department, acting as a state location service, shall furnish services under sub. (2) upon request to the department of health and family services, a county department under s. 46.215, 46.22 or 46.23 or a child welfare agency that is administering a program operated under 42 USC 620 to 628b or 42 USC 670 to 679a.

AB768, s. 197 Section 197. 49.45 (2) (a) 11. of the statutes is amended to read:

AB768,112,3 49.45 (2) (a) 11. Establish criteria for the certification of eligible providers of services under Title XIX of the social security act and, except as provided in par. (am), certify such eligible providers.

AB768, s. 198 Section 198. 49.45 (2) (a) 12. of the statutes is amended to read:

AB768,112,11 49.45 (2) (a) 12. Decertify or suspend a provider from the medical assistance program, if after giving reasonable notice and, subject to par. (am) 5., opportunity for hearing, the department finds that the provider has violated federal or state law or administrative rule and such violations are by law, regulation or rule grounds for decertification or suspension. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.

AB768, s. 199 Section 199. 49.45 (2) (a) 21. of the statutes is repealed.

AB768, s. 200 Section 200. 49.45 (2) (am) of the statutes is created to read:

AB768,112,18 49.45 (2) (am) 1. The department shall require each applicant for a certification under par. (a) 11. to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any certification under par. (a) 11.

AB768,112,21 2. The department may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,112,24 3. The department shall deny an application for the issuance or renewal of a certification under par. (a) 11. if the applicant does not provide the information specified in subd. 1.

AB768,113,4 4. The department shall deny an application for the issuance or renewal of a certification under par. (a) 11., or shall revoke a certification issued under par. (a) 11., if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the certification is liable for delinquent taxes.

AB768,113,7 5. The only hearing rights available for a denial, revocation or nonrenewal of any certification issued under par. (a) 11. based on tax delinquency are those set forth in s. 73.0301 (5).

AB768, s. 201 Section 201. 49.45 (6b) (a) of the statutes is amended to read:

AB768,113,10 49.45 (6b) (a) Beginning in fiscal year 1995-96, for relocations from the central Wisconsin center for the developmentally disabled, by $205 $134 per day.

AB768, s. 202 Section 202. 49.45 (6b) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,113,14 49.45 (6b) (b) Beginning in fiscal year 1997-98, for relocations from the northern Wisconsin center for the developmentally disabled, by $174 $134 per day.

AB768, s. 203 Section 203. 49.45 (6b) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,113,18 49.45 (6b) (c) Beginning in fiscal year 1997-98, for relocations from the southern Wisconsin center for the developmentally disabled, by $174 $134 per day.

AB768, s. 204 Section 204. 49.45 (18) (b) 6. of the statutes is amended to read:

AB768,113,22 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.

AB768, s. 205 Section 205. 49.46 (1m) of the statutes is created to read:

AB768,114,8 49.46 (1m) Pilot project for working recipients of supplemental security income or social security disability income. The department shall request that the secretary of the federal department of health and human services and the commissioner of the federal social security administration waive the income and asset requirements for recipients of benefits under federal Title II or XVI to allow the department to conduct a pilot project to allow those recipients to work without losing eligibility for benefits under federal Title II or XVI or for medical assistance or medicare, as defined in s. 49.45 (3) (L) 1. b. If the request is approved, the department may implement the program and may require participants in the program to pay, on a sliding scale, a copayment for the cost of the program.

AB768, s. 206 Section 206. 49.665 (1) (d) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,114,14 49.665 (1) (d) "Family" means a an individual; the individual's spouse, if any, if the spouse resides in the same household as the individual; and all dependent children with respect to whom the individual is a custodial parent and his or her dependent children.

AB768, s. 207 Section 207. 49.81 (2) of the statutes is amended to read:

AB768,114,22 49.81 (2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

AB768, s. 208 Section 208. 49.855 (2p) of the statutes is created to read: