AB768, s. 166 15Section 166. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act
1627
, is amended to read:
AB768,101,417 48.685 (2) (c) If the background information form completed by a person under
18sub. (6) (am) indicates that the person is not ineligible to be employed , or contracted
19with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an
20entity may employ or contract with the person or permit the person to reside at the
21entity
for not more than 60 days pending the receipt of the information sought under
22par. (b) 1. If the background information form completed by a person under sub. (6)
23(am) indicates that the person is not ineligible to be permitted to reside at an entity
24for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to
25believe that the person is ineligible to be permitted to reside at an entity for any of

1those reasons, the entity may permit the person to reside at the entity for not more
2than 60 days pending receipt of the information sought under par. (am).
An entity
3shall provide supervision for a person who is employed, contracted with or permitted
4to reside as permitted under this paragraph.
AB768, s. 167 5Section 167. 48.685 (3) (a) of the statutes, as created by 1997 Wisconsin Act
627
, is amended to read:
AB768,101,127 48.685 (3) (a) Every 4 years or at any time within that period that the
8department, a county department, a child welfare agency or a school board considers
9appropriate, the department, county department, child welfare agency or school
10board shall request the information specified in sub. (2) (am) 1. to 5. for all persons
11who are licensed, certified or contracted to operate an entity and for all persons
12specified in par. (ag) (intro.) who are nonclient residents of an entity
.
AB768, s. 168 13Section 168. 48.685 (3) (b) of the statutes, as created by 1997 Wisconsin Act
1427
, is amended to read:
AB768,101,1815 48.685 (3) (b) Every 4 years or at any time within that period that an entity
16considers appropriate, the entity shall request the information specified in sub. (2)
17(b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) who are employes or
18contractors of the entity
.
AB768, s. 169 19Section 169. 48.685 (3m) of the statutes, as created by 1997 Wisconsin Act 27,
20is amended to read:
AB768,102,221 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
22county department, a child welfare agency or a school board has obtained the
23information required under sub. (2) (am) or (3) (a) with respect to a person specified
24in sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient

1resident of an entity, the entity is not required to obtain the information specified in
2sub. (2) (b) 1. or (3) (b) with respect to that person.
AB768, s. 170 3Section 170. 48.685 (5) (intro.) of the statutes, as created by 1997 Wisconsin
4Act 27
, is renumbered 48.685 (5) (a) and amended to read:
AB768,102,155 48.685 (5) (a) The department may license to operate an entity, a county
6department may certify under s. 48.651, a county department or a child welfare
7agency may license under s. 48.62
and a school board may contract with under s.
8120.13 (14) a person who otherwise may not be licensed, certified or contracted with
9for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with
10or permit to reside at the entity a person who otherwise may not be employed,
11contracted with or permitted to reside at the entity for a reason specified in sub. (2)
12(ag) 1. to 5., if the person demonstrates to the department, the county department,
13the child welfare agency
or the school board by clear and convincing evidence and in
14accordance with procedures established by the department by rule that he or she has
15been rehabilitated. No
AB768,102,18 16(b) For purposes other than licensing a foster home or treatment foster home,
17no
person who has been convicted of any of the following offenses may be permitted
18to demonstrate that he or she has been rehabilitated:
AB768, s. 171 19Section 171. 48.685 (5) (a) of the statutes, as created by 1997 Wisconsin Act
2027
, is renumbered 48.685 (5) (b) 1.
AB768, s. 172 21Section 172. 48.685 (5) (b) of the statutes, as created by 1997 Wisconsin Act
2227
, is renumbered 48.685 (5) (b) 2.
AB768, s. 173 23Section 173. 48.685 (5) (b) 6. of the statutes is created to read:
AB768,102,2524 48.685 (5) (b) 6. An offense that is included in the list established by the
25department by rule promulgated under sub. (7) (am).
AB768, s. 174
1Section 174. 48.685 (5) (bm) of the statutes is created to read:
AB768,103,42 48.685 (5) (bm) For purposes of licensing a foster home or treatment foster
3home, no person who has been convicted of any of the following offenses may be
4permitted to demonstrate that he or she has been rehabilitated:
AB768,103,55 1. An offense under ch. 948 that is a felony.
AB768,103,76 2. A violation of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim
7is the spouse of the person.
AB768,103,108 3. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1),
9(2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g),
10(1m) or (1r) or 943.32 (2).
AB768,103,1311 4. A violation of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or
12940.207 or an offense under ch. 961 that is a felony, if committed not more than 5
13years before the date of the investigation under sub. (2) (am).
AB768,103,1514 5. An offense that is included in the list established by the department under
15sub. (7) (am).
AB768, s. 175 16Section 175. 48.685 (5) (c) of the statutes, as created by 1997 Wisconsin Act
1727
, is renumbered 48.685 (5) (b) 3..
AB768, s. 176 18Section 176. 48.685 (5) (d) of the statutes, as created by 1997 Wisconsin Act
1927
, is renumbered 48.685 (5) (b) 4..
AB768, s. 177 20Section 177. 48.685 (5) (e) of the statutes, as created by 1997 Wisconsin Act
2127
, is renumbered 48.685 (5) (b) 5.
AB768, s. 178 22Section 178. 48.685 (5c) (a) of the statutes, as created by 1997 Wisconsin Act
2327
, is amended to read:
AB768,104,424 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to
25demonstrate to the department or a child welfare agency that he or she has been

1rehabilitated may appeal to the secretary of health and family services or his or her
2designee. Any person who is adversely affected by a decision of the secretary or his
3or her designee under this paragraph has a right to a contested case hearing under
4ch. 227.
AB768, s. 179 5Section 179. 48.685 (5c) (b) of the statutes, as created by 1997 Wisconsin Act
627
, is amended to read:
AB768,104,117 48.685 (5c) (b) Any person who is permitted but fails under sub. (5) (a) to
8demonstrate to the county department that he or she has been rehabilitated may
9appeal to the director of the county department or his or her designee. Any person
10who is adversely affected by a decision of the director or his or her designee under
11this paragraph has a right to appeal the decision under ch. 68.
AB768, s. 180 12Section 180. 48.685 (5c) (c) of the statutes, as created by 1997 Wisconsin Act
1327
, is amended to read:
AB768,104,1814 48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to
15demonstrate to the school board that he or she has been rehabilitated may appeal to
16the secretary of public instruction or his or her designee. Any person who is
17adversely affected by a decision of the secretary or his or her designee under this
18paragraph has a right to a contested case hearing under ch. 227.
AB768, s. 181 19Section 181. 48.685 (5g) of the statutes, as created by 1997 Wisconsin Act 27,
20is amended to read:
AB768,105,321 48.685 (5g) Beginning on the first January 1 after the effective date of this
22subsection .... [revisor inserts date]
1999, and annually thereafter, the department
23shall submit a report to the legislature under s. 13.172 (2) that specifies the number
24of persons in the previous year who have requested to demonstrate to the department
25that they have been rehabilitated under sub. (5) (a), the number of persons who

1successfully demonstrated that they have been rehabilitated under sub. (5) (a) and
2the reasons for the success or failure of a person who has attempted to demonstrate
3that he or she has been rehabilitated.
AB768, s. 182 4Section 182. 48.685 (5m) of the statutes, as created by 1997 Wisconsin Act 27,
5is amended to read:
AB768,105,166 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
7a person to operate an entity, a county department may refuse to certify a day care
8provider under s. 48.651, a county department or a child welfare agency may refuse
9to license a foster home or treatment foster home under s. 48.62,
a school board may
10refuse to contract with a person under s. 120.13 (14), and an entity may refuse to
11employ, contract with or permit to reside at the entity a person specified in sub. (2)
12(ag) (intro.) if the person has been convicted of an offense that the department has
13not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified
14in the list established by rule under sub. (7) (b), but that is, in the estimation of the
15department, county department, child welfare agency, school board or entity,
16substantially related to the care of a client.
AB768, s. 183 17Section 183. 48.685 (6) (a) of the statutes, as created by 1997 Wisconsin Act
1827
, is amended to read:
AB768,106,219 48.685 (6) (a) The department shall require any person who applies for
20issuance or, continuation or renewal of a license to operate an entity, a county
21department shall require any day care provider who applies for initial certification
22under s. 48.651 or for renewal of that certification, a county department or a child
23welfare agency shall require any person who applies for issuance or renewal of a
24license to operate a foster home or treatment foster home under s. 48.62
and a school
25board shall require any person who proposes to contract with the school board under

1s. 120.13 (14) or to renew a contract under that subsection, to complete a background
2information form that is provided by the department.
AB768, s. 184 3Section 184. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act
427
, is amended to read:
AB768,107,25 48.685 (6) (b) For persons specified under par. (a) who are regulated, licensed
6or certified by, or registered with, by the department, for persons specified in par.
7(am) 2. who are nonclient residents or prospective nonclient residents of an entity
8that is licensed by the department
, and for other persons specified by the department
9by rule, the entity shall send the background information form to the department.
10For all other persons specified in par. (a) and for For persons specified under par. (a)
11who are licensed or certified by a county department, for persons specified in par.
12(am) 2. who are nonclient residents or prospective nonclient residents of an entity
13that is licensed or certified by a county department and for other persons specified
14by the department by rule, the entity shall send the background information form
15to the county department. For persons specified under par. (a) who are licensed by
16a child welfare agency, for persons specified in par. (am) 2. who are nonclient
17residents or prospective nonclient residents of an entity that is licensed by a child
18welfare agency and for other persons specified by the department by rule, the entity
19shall send the background information form to the child welfare agency. For persons
20specified under par. (a) who are contracted with by a school board, for persons
21specified in par. (am) 2. who are nonclient residents or prospective nonclient
22residents of an entity that is contracted with by a school board and for other persons
23specified by the department by rule, the entity shall send the background
24information form to the school board. For
persons specified under par. (am) 1., the
25entity shall maintain the background information form on file for inspection by the

1department, county department, child welfare agency or school board, whichever is
2applicable
.
AB768, s. 185 3Section 185. 48.685 (7) (a) of the statutes, as created by 1997 Wisconsin Act
427
, is amended to read:
AB768,107,165 48.685 (7) (a) Establish by rule a definition of "serious crime" for the purpose
6of this section. The definition shall include only crimes or acts that are substantially
7related to the care of a client, shall include those crimes or acts that are included in
8the list established under par. (am), shall include the offenses specified in sub. (5) (b)
91. to 5. and (bm) 1. to 4.
and shall include classes of crimes or acts involving
10misappropriation of the property of a client or abuse or neglect of a client for which
11no a person who has committed any of those crimes or acts may be permitted to
12demonstrate under sub. (5) (a) that he or she has been rehabilitated. The definition
13may also include other crimes or acts that do not involve abuse or neglect of a client
14but that are substantially related to the care of a client for which no person who
15committed any of those crimes or acts may be permitted to demonstrate under sub.
16(5) that he or she has been rehabilitated.
AB768, s. 186 17Section 186. 48.685 (7) (am) of the statutes is created to read:
AB768,108,218 48.685 (7) (am) Establish by rule a list of crimes or acts, in addition to those
19offenses specified in sub. (5) (b) 1. to 5. and (bm) 1. to 4., involving the abuse or neglect
20of a client for which no person who has committed any of those crimes or acts may
21be permitted to demonstrate under sub. (5) (a) that he or she has been rehabilitated.
22The list may also include other crimes or acts, in addition to those offenses specified
23in sub. (5) (b) 1. to 5. and (bm) 1. to 4., that do not involve the abuse or neglect of a
24client, but that are substantially related to the care of a client, for which no person

1who has committed any of those crimes or acts may be permitted to demonstrate
2under sub. (5) (a) that he or she has been rehabilitated.
AB768, s. 187 3Section 187. 48.685 (8) of the statutes, as created by 1997 Wisconsin Act 27,
4is amended to read:
AB768,108,105 48.685 (8) The department, a county department, a child welfare agency or a
6school board may charge a fee for obtaining the information required under sub. (2)
7(am) or (3) (a). The fee may not exceed the reasonable cost of obtaining the
8information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1)
9(d), for obtaining or maintaining information if to do so would be inconsistent with
10federal law.
AB768, s. 188 11Section 188. 48.69 of the statutes is amended to read:
AB768,109,2 1248.69 Probationary licenses. If Except as provided under s. 48.715 (7), if any
13child welfare agency, shelter care facility, group home or day care center that has not
14been previously issued a license under s. 48.66 (1) applies for a license, meets the
15minimum requirements for a license established under s. 48.67 and pays the
16applicable fee referred to in s. 48.68 (1), the department shall issue a probationary
17license to that child welfare agency, shelter care facility, group home or day care
18center. A probationary license is valid for up to 6 months after the date of issuance
19unless renewed under this section or suspended or revoked under s. 48.715. Before
20a probationary license expires, the department shall inspect the child welfare
21agency, shelter care facility, group home or day care center holding the probationary
22license and, except as provided under s. 48.715 (7), if the child welfare agency, shelter
23care facility, group home or day care center meets the minimum requirements for a
24license established under s. 48.67, the department shall issue a license under s. 48.66

1(1). A probationary license issued under this section may be renewed for one
26-month period.
AB768, s. 189 3Section 189. 48.715 (7) of the statutes is created to read:
AB768,109,94 48.715 (7) The department shall deny an application for the issuance or
5continuation of a license under s. 48.66 (1) or a probationary license under s. 48.69
6to operate a day care center, or revoke such a license already issued, if the
7department of revenue certifies under s. 73.0301 that the applicant or licensee is
8liable for delinquent taxes. An action taken under this subsection is subject to review
9only as provided under s. 73.0301 (5) and not as provided in s. 48.72.
AB768, s. 190 10Section 190. 48.72 of the statutes, as affected by 1997 Wisconsin Act 27, is
11amended to read:
AB768,109,23 1248.72 Appeal procedure. Any Except as provided in s. 48.715 (7), any person
13aggrieved by the department's refusal or failure to issue, renew or continue a license
14or by any action taken by the department under s. 48.715 has the right to an
15administrative hearing provided for contested cases in ch. 227. To receive an
16administrative hearing under ch. 227, the aggrieved person shall send to the
17department a written request for a hearing under s. 227.44 within 10 days after the
18date of the department's refusal or failure to issue, renew or continue a license or the
19department's action taken under s. 48.715. The department shall hold an
20administrative hearing under s. 227.44 within 30 days after receipt of the request
21for the administrative hearing unless the aggrieved person consents to an extension
22of that time period. Judicial review of the department's decision may be had as
23provided in ch. 227.
AB768, s. 191 24Section 191. 48.75 (1m) of the statutes is created to read:
AB768,110,3
148.75 (1m) Each child welfare agency and public licensing agency shall provide
2the subunit of the department that administers s. 48.685 with information about
3each person who is denied a license for a reason specified in s. 48.685 (2) (a) 1. to 5.
AB768, s. 192 4Section 192. 48.977 (2) (f) of the statutes is amended to read:
AB768,110,135 48.977 (2) (f) That the agency primarily responsible for providing services to
6the child under a court order has made reasonable efforts to make it possible for the
7child to return to his or her home, while assuring that the child's health and safety
8are the paramount concerns,
but that reunification of the child with the child's
9parent or parents is unlikely or contrary to the best interests of the child and that
10further reunification efforts are unlikely to be made or are contrary to the best
11interests of the child, except that the court need not find that the agency has made
12those reasonable efforts with respect to a parent of the child if any of the
13circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that parent
.
AB768, s. 193 14Section 193. 49.145 (2) (i) of the statutes, as affected by 1997 Wisconsin Act
1527
, is amended to read:
AB768,110,2516 49.145 (2) (i) The individual is not receiving supplemental security income
17under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if
18the individual is a dependent child, the custodial parent of the individual does not
19receive a payment on behalf of the individual under s. 49.775. The department may
20require an individual who receives benefits under s. 49.148 and who has applied for
21supplemental security income under 42 USC 1381 to 1383c to authorize the federal
22social security administration to reimburse the department for the benefits paid to
23the individual under s. 49.148 during the period that the individual was entitled to
24supplemental security income benefits to the extent that retroactive supplemental
25security income benefits are made available to the individual.
AB768, s. 194
1Section 194. 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27,
2is amended to read:
AB768,111,113 49.22 (2m) The department may request from any person any information it
4determines appropriate and necessary for the administration of this section, ss.
549.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011
6to 2029. Any person in this state shall provide this information within 7 days after
7receiving a request under this subsection. Except as provided in sub. subs. (2p) and
8(2r)
and subject to sub. (12), the department or the county child support agency under
9s. 59.53 (5) may disclose information obtained under this subsection only in the
10administration of this section, ss. 49.19, 49.46 and 49.47 and programs carrying out
11the purposes of 7 USC 2011 to 2029.
AB768, s. 195 12Section 195. 49.22 (2r) of the statutes is created to read:
AB768,111,1813 49.22 (2r) The department or a county child support agency under s. 59.53 (5)
14may, to the extent permitted under federal law, disclose information obtained under
15sub. (2m) to the department of revenue for the purposes of locating persons, or the
16assets of persons, who have failed to file tax returns, who have underreported their
17taxable income or who are delinquent taxpayers, identifying fraudulent tax returns
18or providing information for tax-related prosecutions.
AB768, s. 196 19Section 196. 49.22 (3m) of the statutes is created to read:
AB768,111,2420 49.22 (3m) The department, acting as a state location service, shall furnish
21services under sub. (2) upon request to the department of health and family services,
22a county department under s. 46.215, 46.22 or 46.23 or a child welfare agency that
23is administering a program operated under 42 USC 620 to 628b or 42 USC 670 to
24679a.
AB768, s. 197 25Section 197. 49.45 (2) (a) 11. of the statutes is amended to read:
AB768,112,3
149.45 (2) (a) 11. Establish criteria for the certification of eligible providers of
2services under Title XIX of the social security act and, except as provided in par. (am),
3certify such eligible providers.
AB768, s. 198 4Section 198. 49.45 (2) (a) 12. of the statutes is amended to read:
AB768,112,115 49.45 (2) (a) 12. Decertify or suspend a provider from the medical assistance
6program, if after giving reasonable notice and, subject to par. (am) 5., opportunity for
7hearing, the department finds that the provider has violated federal or state law or
8administrative rule and such violations are by law, regulation or rule grounds for
9decertification or suspension. No payment may be made under the medical
10assistance program with respect to any service or item furnished by the provider
11subsequent to decertification or during the period of suspension.
AB768, s. 199 12Section 199. 49.45 (2) (a) 21. of the statutes is repealed.
AB768, s. 200 13Section 200. 49.45 (2) (am) of the statutes is created to read:
AB768,112,1814 49.45 (2) (am) 1. The department shall require each applicant for a certification
15under par. (a) 11. to provide the department with his or her social security number,
16if the applicant is an individual, or the applicant's federal employer identification
17number, if the applicant is not an individual, as a condition of issuing or renewing
18any certification under par. (a) 11.
AB768,112,2119 2. The department may not disclose any information received under subd. 1.
20to any person except to the department of revenue for the sole purpose of requesting
21certifications under s. 73.0301.
AB768,112,2422 3. The department shall deny an application for the issuance or renewal of a
23certification under par. (a) 11. if the applicant does not provide the information
24specified in subd. 1.
AB768,113,4
14. The department shall deny an application for the issuance or renewal of a
2certification under par. (a) 11., or shall revoke a certification issued under par. (a) 11.,
3if the department of revenue certifies under s. 73.0301 that the applicant for or
4holder of the certification is liable for delinquent taxes.
AB768,113,75 5. The only hearing rights available for a denial, revocation or nonrenewal of
6any certification issued under par. (a) 11. based on tax delinquency are those set forth
7in s. 73.0301 (5).
AB768, s. 201 8Section 201. 49.45 (6b) (a) of the statutes is amended to read:
AB768,113,109 49.45 (6b) (a) Beginning in fiscal year 1995-96, for relocations from the central
10Wisconsin center for the developmentally disabled, by $205 $134 per day.
AB768, s. 202 11Section 202. 49.45 (6b) (b) of the statutes, as affected by 1997 Wisconsin Act
1227
, is amended to read:
AB768,113,1413 49.45 (6b) (b) Beginning in fiscal year 1997-98, for relocations from the
14northern Wisconsin center for the developmentally disabled, by $174 $134 per day.
AB768, s. 203 15Section 203. 49.45 (6b) (c) of the statutes, as affected by 1997 Wisconsin Act
1627
, is amended to read:
AB768,113,1817 49.45 (6b) (c) Beginning in fiscal year 1997-98, for relocations from the
18southern Wisconsin center for the developmentally disabled, by $174 $134 per day.
AB768, s. 204 19Section 204. 49.45 (18) (b) 6. of the statutes is amended to read:
AB768,113,2220 49.45 (18) (b) 6. Transportation by common carrier or private motor vehicle, if
21authorized in advance by a county department under s. 46.215 or 46.22 , or by
22specialized medical vehicle
.
AB768, s. 205 23Section 205. 49.46 (1m) of the statutes is created to read:
AB768,114,824 49.46 (1m) Pilot project for working recipients of supplemental security
25income or social security disability income.
The department shall request that the

1secretary of the federal department of health and human services and the
2commissioner of the federal social security administration waive the income and
3asset requirements for recipients of benefits under federal Title II or XVI to allow the
4department to conduct a pilot project to allow those recipients to work without losing
5eligibility for benefits under federal Title II or XVI or for medical assistance or
6medicare, as defined in s. 49.45 (3) (L) 1. b. If the request is approved, the department
7may implement the program and may require participants in the program to pay, on
8a sliding scale, a copayment for the cost of the program.
AB768, s. 206 9Section 206. 49.665 (1) (d) of the statutes, as created by 1997 Wisconsin Act
1027
, is amended to read:
AB768,114,1411 49.665 (1) (d) "Family" means a an individual; the individual's spouse, if any,
12if the spouse resides in the same household as the individual; and all dependent
13children with respect to whom the individual is a
custodial parent and his or her
14dependent children
.
AB768, s. 207 15Section 207. 49.81 (2) of the statutes is amended to read:
AB768,114,2216 49.81 (2) The right to confidentiality of agency records and files on the
17recipient. Nothing in this subsection shall prohibit the use of such records for
18auditing or accounting purposes or, to the extent permitted under federal law, for the
19purposes of locating persons, or the assets of persons, who have failed to file tax
20returns, who have underreported their taxable income or who are delinquent
21taxpayers, identifying fraudulent tax returns or providing information for
22tax-related prosecutions
.
AB768, s. 208 23Section 208. 49.855 (2p) of the statutes is created to read:
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