SB436,94,1413 48.43 (1) (d) A finding that the termination of parental rights is in the best
14interests of the child.
SB436, s. 152 15Section 152. 48.57 (3m) (am) 2. of the statutes, as affected by 1997 Wisconsin
16Act 27
, is amended to read:
SB436,94,2017 48.57 (3m) (am) 2. The county department or department determines that the
18child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child
19would be at substantial risk of meeting one or more of those criteria if the child were
20to remain in his or her home.
SB436, s. 153 21Section 153. 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
22is amended to read:
SB436,95,1423 48.66 (1) The Except as provided in s. 48.715 (7), the department shall license
24and supervise child welfare agencies, as required by s. 48.60, group homes, as
25required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care

1centers, as required by s. 48.65. The department may license foster homes or
2treatment foster homes, as provided by s. 48.62, and may license and supervise
3county departments in accordance with the procedures specified in this section and
4in ss. 48.67 to 48.74. The department of corrections may license a child welfare
5agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for
6holding in secure custody children who have been convicted under s. 938.183 or
7adjudicated delinquent under s. 938.34 (4d), (4h) or (4m) and referred to the child
8welfare agency by the court or the department of corrections and to provide
9supervision, care and maintenance for those children. A license issued under this
10subsection, other than a license to operate a foster home, treatment foster home or
11secured child caring institution, is valid until revoked or suspended. A license issued
12under this subsection to operate a foster home, treatment foster home or secured
13child caring institution may be for any term not to exceed 2 years from the date of
14issuance. No license issued under this subsection is transferable.
SB436, s. 154 15Section 154. 48.66 (2) of the statutes is amended to read:
SB436,95,2116 48.66 (2) The department shall prescribe application forms to be used by all
17applicants for licenses from it. The application forms prescribed by the department
18shall require that the social security numbers of all applicants for a license to operate
19a day care center who are individuals be provided and that the federal employer
20identification numbers of all applicants for a license to operate a day care center who
21are not individuals be provided.
SB436, s. 155 22Section 155. 48.66 (2m) of the statutes is created to read:
SB436,96,323 48.66 (2m) (a) The department shall require each applicant for a license under
24sub. (1) to operate a day care center who is an individual to provide the department
25with his or her social security number, and shall require each applicant for a license

1under sub. (1) to operate a day care center who is not an individual to provide the
2department with the person's federal employer identification number, when initially
3applying for or applying to continue the license.
SB436,96,94 (b) The department may not issue or continue a license under sub. (1) to operate
5a day care center to or for an applicant who is an individual unless the applicant has
6provided his or her social security number to the department, and the department
7may not issue or continue a license under sub. (1) to operate a day care center to or
8for an applicant who is not an individual unless the applicant has provided the
9applicant's federal employer identification number to the department.
SB436,96,1210 (c) The department may not disclose any information obtained under par. (a)
11to any person except to the department of revenue for the sole purpose of requesting
12certifications under s. 73.0301.
SB436, s. 156 13Section 156. 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act
1427
, is amended to read:
SB436,96,1615 48.685 (1) (a) "Client" means a child who receives direct care or treatment
16services from an entity.
SB436, s. 157 17Section 157. 48.685 (1) (b) of the statutes, as created by 1997 Wisconsin Act
1827
, is amended to read:
SB436,96,2519 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
2048.60 to provide care and maintenance for children, to place children for adoption or
21to license foster homes or treatment foster homes; a foster home or treatment foster
22home that is licensed under s. 48.62;
a group home that is licensed under s. 48.625;
23a shelter care facility that is licensed under s. 938.22; a day care center that is
24licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day
25care provider that is certified under s. 48.651.
SB436, s. 158
1Section 158. 48.685 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin
2Act 27
, is amended to read:
SB436,97,113 48.685 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
4par. (ad) and sub. (5), the department may not license , or continue or renew the
5license of,
a person to operate an entity or continue the license of a person to operate
6an entity, and, except as provided in par. (ad) and sub. (5)
, a county department may
7not certify a day care provider under s. 48.651, a county department or a child welfare
8agency may not license, or renew the license of, a foster home or treatment foster
9home under s. 48.62
and a school board may not contract with a person under s.
10120.13 (14), if the department, county department, child welfare agency or school
11board knows or should have known any of the following:
SB436, s. 159 12Section 159. 48.685 (2) (ad) of the statutes, as created by 1997 Wisconsin Act
1327
, is amended to read:
SB436,97,1914 48.685 (2) (ad) A The department, a county department or a child welfare
15agency may license a foster home or treatment foster home under s. 48.62, a
county
16department may certify a day care provider under s. 48.651 and a school board may
17contract with a person under s. 120.13 (14), conditioned on the receipt of the
18information specified in par. (am) indicating that the person is not ineligible to be
19certified or contracted with for a reason specified in par. (a) 1. to 5.
SB436, s. 160 20Section 160. 48.685 (2) (am) (intro.) of the statutes, as created by 1997
21Wisconsin Act 27
, is amended to read:
SB436,98,222 48.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the department, a
23county department, a child welfare agency or a school board shall obtain all of the
24following with respect to a person specified under par. (a) (intro.) and a person

1specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient
2resident of an entity
:
SB436, s. 161 3Section 161. 48.685 (2) (am) 5. of the statutes, as created by 1997 Wisconsin
4Act 27
, is amended to read:
SB436,98,155 48.685 (2) (am) 5. Information maintained by the department under this
6section, and under section ss. 48.651 (2m) and under s., 48.75 (1m) and 120.13 (14)
7regarding any denial to the person of a license, continuation or renewal of a license,
8certification or a contract to operate an entity for a reason specified in par. (a) 1. to
95. and regarding any denial to the person of employment at, a contract with or
10permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the
11information obtained under this subdivision indicates that the person has been
12denied a license, continuation or renewal of a license, certification, a contract,
13employment or permission to reside as described in this subdivision, the department,
14a county department, a child welfare agency or a school board need not obtain the
15information specified in subds. 1. to 4.
SB436, s. 162 16Section 162. 48.685 (2) (b) 1. (intro.) of the statutes, as created by 1997
17Wisconsin Act 27
, is amended to read:
SB436,98,2118 48.685 (2) (b) 1. (intro.) Subject to subds. 1. e. , and 2. and 3. par. (bd), every
19entity shall obtain all of the following with respect to a person specified under par.
20(ag) (intro.) who is an employe, prospective employe, contractor or prospective
21contractor of the entity
:
SB436, s. 163 22Section 163. 48.685 (2) (b) 1. e. of the statutes, as created by 1997 Wisconsin
23Act 27
, is amended to read:
SB436,99,824 48.685 (2) (b) 1. e. Information maintained by the department under this
25section, and under section ss. 48.651 (2m) and under s., 48.75 (1m) and 120.13 (14)

1regarding any denial to the person of a license, continuation or renewal of a license,
2certification or a contract to operate an entity for a reason specified in par. (a) 1. to
35. and regarding any denial to the person of employment at, a contract with or
4permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the
5information obtained under this subd. 1. e. indicates that the person has been denied
6a license, continuation or renewal of a license, certification, a contract, employment
7or permission to reside as described in this subd. 1. e., the entity need not obtain the
8information specified in subd. 1. a. to d.
SB436, s. 164 9Section 164. 48.685 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act
1027
, is renumbered 48.685 (2) (bd) and amended to read:
SB436,99,2411 48.685 (2) (bd) Subdivision 1. does not apply Notwithstanding pars. (am) and
12(b) 1., the department, a county department, a child welfare agency or a school board
13is not required to obtain the information specified in par. (am) 1. to 5., and an entity
14is not required to obtain the information specified in par. (b) 1. a. to e.,
with respect
15to a person under 18 years of age whose background information form under sub. (6)
16(am) indicates that the person is not ineligible to be employed, contracted with or
17permitted to reside at the an entity for a reason specified in par. (ag) 1. to 5. and with
18respect to whom the department, county department, child welfare agency, school
19board or
entity otherwise has no reason to believe that the person is ineligible to be
20employed, contracted with or permitted to reside at the an entity for any of those
21reasons. This paragraph does not preclude the department, a county department,
22a child welfare agency or a school board from obtaining, at its discretion, the
23information specified in par. (am) 1. to 5. with respect to a person described in this
24paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
SB436, s. 165
1Section 165. 48.685 (2) (bg) of the statutes, as created by 1997 Wisconsin Act
227
, is amended to read:
SB436,100,143 48.685 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with
4respect to a person an employe, prospective employe, contractor or prospective
5contractor
for whom, within the last 4 years, the information required under par. (b)
61. a. to c. and e. has already been obtained, either by another entity or by a temporary
7employment agency, the entity may obtain the information required under par. (b)
81. a. to c. and e. from that other entity or temporary employment agency, which shall
9provide the information, if possible, to the entity. If an entity cannot obtain the
10information required under par. (b) 1. a. to c. and e. from another entity or from a
11temporary employment agency or if an entity has reasonable grounds to believe that
12any information obtained from another entity or from a temporary employment
13agency is no longer accurate
, the entity shall obtain that information from the
14sources specified in par. (b) 1. a. to c. and e.
SB436, s. 166 15Section 166. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act
1627
, is amended to read:
SB436,101,417 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.
SB436, s. 167 5Section 167. 48.685 (3) (a) of the statutes, as created by 1997 Wisconsin Act
627
, is amended to read:
SB436,101,127 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
.
SB436, s. 168 13Section 168. 48.685 (3) (b) of the statutes, as created by 1997 Wisconsin Act
1427
, is amended to read:
SB436,101,1815 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
.
SB436, s. 169 19Section 169. 48.685 (3m) of the statutes, as created by 1997 Wisconsin Act 27,
20is amended to read:
SB436,102,221 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.
SB436, 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:
SB436,102,155 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
SB436,102,18 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:
SB436, 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.
SB436, 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.
SB436, s. 173 23Section 173. 48.685 (5) (b) 6. of the statutes is created to read:
SB436,102,2524 48.685 (5) (b) 6. An offense that is included in the list established by the
25department by rule promulgated under sub. (7) (am).
SB436, s. 174
1Section 174. 48.685 (5) (bm) of the statutes is created to read:
SB436,103,42 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:
SB436,103,55 1. An offense under ch. 948 that is a felony.
SB436,103,76 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.
SB436,103,108 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).
SB436,103,1311 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).
SB436,103,1514 5. An offense that is included in the list established by the department under
15sub. (7) (am).
SB436, 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..
SB436, 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..
SB436, 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.
SB436, s. 178 22Section 178. 48.685 (5c) (a) of the statutes, as created by 1997 Wisconsin Act
2327
, is amended to read:
SB436,104,424 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.
SB436, s. 179 5Section 179. 48.685 (5c) (b) of the statutes, as created by 1997 Wisconsin Act
627
, is amended to read:
SB436,104,117 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.
SB436, s. 180 12Section 180. 48.685 (5c) (c) of the statutes, as created by 1997 Wisconsin Act
1327
, is amended to read:
SB436,104,1814 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.
SB436, s. 181 19Section 181. 48.685 (5g) of the statutes, as created by 1997 Wisconsin Act 27,
20is amended to read:
SB436,105,321 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.
SB436, s. 182 4Section 182. 48.685 (5m) of the statutes, as created by 1997 Wisconsin Act 27,
5is amended to read:
SB436,105,166 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.
SB436, s. 183 17Section 183. 48.685 (6) (a) of the statutes, as created by 1997 Wisconsin Act
1827
, is amended to read:
SB436,106,219 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.
SB436, s. 184 3Section 184. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act
427
, is amended to read:
SB436,107,25 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
.
SB436, s. 185 3Section 185. 48.685 (7) (a) of the statutes, as created by 1997 Wisconsin Act
427
, is amended to read:
SB436,107,165 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.
SB436, s. 186 17Section 186. 48.685 (7) (am) of the statutes is created to read:
SB436,108,218 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.
SB436, s. 187 3Section 187. 48.685 (8) of the statutes, as created by 1997 Wisconsin Act 27,
4is amended to read:
SB436,108,105 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.
SB436, s. 188 11Section 188. 48.69 of the statutes is amended to read:
SB436,109,2 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.
SB436, s. 189 3Section 189. 48.715 (7) of the statutes is created to read:
SB436,109,94 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.
SB436, s. 190 10Section 190. 48.72 of the statutes, as affected by 1997 Wisconsin Act 27, is
11amended to read:
SB436,109,23 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.
SB436, s. 191 24Section 191. 48.75 (1m) of the statutes is created to read:
SB436,110,3
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.
SB436, s. 192 4Section 192. 48.977 (2) (f) of the statutes is amended to read:
SB436,110,135 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
.
SB436, s. 193 14Section 193. 49.145 (2) (i) of the statutes, as affected by 1997 Wisconsin Act
1527
, is amended to read:
SB436,110,2516 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.
SB436, s. 194
1Section 194. 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27,
2is amended to read:
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