SB451: Bill Text

SB451,7,24 (c) Notwithstanding that a consent decree does not include the requirement specified in par. (a) 1., the agency supervising the child under the consent decree or a designee of that agency may request the parent, guardian or legal custodian of the child and the child to permit a designee of the agency to inspect the child visually if a visual inspection of the child is necessary to provide appropriate protection or services to the child.

SB451, s. 8 Section 8. 48.345 (7) of the statutes is created to read:

SB451,8,6 48.345 (7) (a) 1. If the court finds that the child is in need of protection or services under s. 48.13 (3) because the child has been the victim of abuse, as defined in s. 48.02 (1) (a) or (b), the court may order that the child's parent, guardian or legal custodian and the child permit a designee of the agency primarily responsible for providing services to the child under the order to inspect the child visually immediately upon the request of the agency or designee.

SB451,8,12 2. If the court finds that the child is in need of protection or services under s. 48.13 (3) because the child has been the victim of abuse, as defined in s. 48.02 (1) (a), and if the child is less than 6 years of age, the court may order that the child's parent, guardian or legal custodian and the child permit a volunteer appointed by or an employe of a court-appointed special advocate program to inspect the child visually immediately upon the request of the volunteer or employe.

SB451,8,20 (b) If a child or the parent, guardian or legal custodian of a child refuses to permit a visual inspection of the child in violation of an order entered under par. (a), the individual who is refused permission to inspect the child visually shall, as soon as possible after the refusal, report the refusal to the agency primarily responsible for providing services to the child under the order. The agency may seek a court order under s. 48.19 (1) (c) for the immediate removal of the child from his or her present custody or may notify a law enforcement officer of the refusal and the law enforcement officer may take the child into custody under s. 48.19 (1) (d) 8.

SB451,9,2 (c) Notwithstanding that an order under this section or under s. 48.363 or 48.365 does not include the requirement specified in par. (a) 1., the agency primarily responsible for providing services to the child under the order or a designee of that agency may request the parent, guardian or legal custodian of the child and the child to permit a designee of the agency to inspect the child visually if a visual inspection of the child is necessary to provide appropriate protection or services to the child.

SB451, s. 9 Section 9. 48.48 (17) (a) 12. of the statutes is created to read:

SB451,9,4 48.48 (17) (a) 12. Recognize court-appointed special advocate programs.

SB451, s. 10 Section 10. 48.57 (1) (k) of the statutes is created to read:

SB451,9,6 48.57 (1) (k) To recognize court-appointed special advocate programs.

SB451, s. 11 Section 11. 48.61 (8) of the statutes is created to read:

SB451,9,9 48.61 (8) To recognize court-appointed special advocate programs in a county having a population of 500,000 or more, if contracted to do so by the department.

SB451, s. 12 Section 12. 48.685 (2) (ag) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,9,20 48.685 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or permit to reside at the entity a person who is not a client and who is expected to have access to a client and a court-appointed special advocate program may not hire or contract with, or appoint as a volunteer, a person who will be under its control, as defined by the department by rule, and who is expected to have access to its clients, if the entity or court-appointed special advocate program knows or should have known any of the following:

SB451, s. 13 Section 13. 48.685 (2) (ag) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1664f, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB451,9,25 48.685 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who has, or is expected to have, access to its clients, or permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client and a court-appointed special advocate program may not employ or contract with, or appoint as a volunteer, a person who will be under its control, as defined by the department by rule, and who has, or is expected to have, access to its clients, if the entity or court-appointed special advocate program knows or should have known any of the following:

SB451, s. 14 Section 14. 48.685 (2) (am) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,10,22 48.685 (2) (am) 5. Information maintained by the department under this section, under section and under ss. 48.651 (2m) and under s. 120.13 (14) regarding any denial to the person of a license, continuation of a license, certification or a contract 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. and regarding any denial to the person of employment at, a contract with or a volunteer appointment with a court-appointed special advocate program 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, continuation of a license, certification, a contract, a volunteer appointment, 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.

SB451, s. 15 Section 15. 48.685 (2) (b) 1. e. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,11,12 48.685 (2) (b) 1. e. Information maintained by the department under this section, under section and under ss. 48.651 (2m) and under s. 120.13 (14) regarding any denial to the person of a license, continuation of a license, certification or a contract 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. and regarding any denial to the person of employment at, a contract with or a volunteer appointment with a court-appointed special advocate program 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, continuation of a license, certification, a contract, a volunteer appointment, 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.

SB451, s. 16 Section 16. 48.685 (2) (b) 1m. of the statutes is created to read:

SB451,11,23 48.685 (2) (b) 1m. Subject to subds. 1m. e., 2. and 3., a county department, county board or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department that has recognized a court-appointed special advocate program under s. 48.48 (17) (a) 12., 48.57 (1) (k), 48.61 (8) or 59.53 (7m) shall obtain, or shall appoint an organization to obtain, all of the following with respect to a prospective employe or contractor of the court-appointed special advocate program and that county department, county board, department, licensed child welfare agency, organization or court-appointed special advocate program shall obtain all of the following with respect to a prospective volunteer of the court-appointed special advocate program:

SB451,11,25 a. A criminal history search from the records maintained by the department of justice.

SB451,12,2 b. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person.

SB451,12,4 c. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.

SB451,12,6 d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.

SB451,12,19 e. Information maintained by the department under this section and under ss. 48.651 (2m) and 120.13 (14) regarding any denial to the person of a license, continuation of a license, certification or a contract to operate an entity for a reason specified in par. (a) 1. to 5., 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. and regarding any denial to the person of employment at, a contract with or a volunteer appointment with a court-appointed special advocate program 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, continuation of a license, certification, a contract, a volunteer appointment, employment or permission to reside as described in this subd. 1. e., the county department, county board, department, child welfare agency, organization or court-appointed special advocate program need not obtain the information specified in subd. 1. a. to d.

SB451, s. 17 Section 17. 48.685 (2) (b) 1p. of the statutes is created to read:

SB451,12,24 48.685 (2) (b) 1p. A person who is required to obtain the information specified in sub. 1m. a. to e. shall provide the department with information about each person who is denied employment, a contract or a volunteer appointment for a reason specified in par. (ag) 1. to 5.

SB451, s. 18 Section 18. 48.685 (2) (b) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,13,7 48.685 (2) (b) 2. Subdivision 1. does Subdivisions 1. and 1m. do not apply with respect to a person with whom the entity or court-appointed special advocate program contracts or whom the entity or court-appointed special advocate program employs to perform infrequent or sporadic services, including maintenance services and other services that are not directly related to the care of a client.

SB451, s. 19 Section 19. 48.685 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,13,19 48.685 (2) (b) 3. Subdivision 1. does Subdivisions 1. and 1m. do not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) or (ap) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity, or to be employed, contracted with or appointed as a volunteer with the court-appointed special advocate program, for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity or court-appointed special advocate program otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity, or to be employed, contracted with or appointed as a volunteer with the court-appointed special advocate program, for any of those reasons.

SB451, s. 20 Section 20. 48.685 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,14,11 48.685 (2) (bg) If an entity or a court-appointed special advocate program takes an action specified in par. (ag) (intro.) with respect to a person for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. or 1m. a. to c. and e. has already been obtained, either by another entity or court-appointed special advocate program or by a temporary employment agency, the entity or court-appointed special advocate program may obtain the information required under par. (b) 1. a. to c. and e. or 1m. a. to c. and e. from that other entity, court-appointed special advocate program or temporary employment agency, which shall provide the information, if possible, to the entity or court-appointed special advocate program. If an entity or a court-appointed special advocate program cannot obtain the information required under par. (b) 1. a. to c. and e. or 1m. a. to c. and e. from another entity or court-appointed special advocate program or from a temporary employment agency, the entity or court-appointed special advocate program shall obtain that information from the sources specified in par. (b) 1. a. to c. and e. or 1m. a. to c. and e.

SB451, s. 21 Section 21. 48.685 (2) (bm) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,14,21 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. or 1m. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, school board or entity person who is required to conduct the search under par. (am) or (b) 1. or 1m. shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a. or 1m. a.

SB451, s. 22 Section 22. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,15,11 48.685 (2) (c) If the background information form completed by a person under sub. (6) (am) or (ap) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity, or to be employed, contracted with or permitted to volunteer with a court-appointed special advocate program, 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, and a court-appointed special advocate program may employ, contract with or permit to volunteer with the court-appointed special advocate program, for not more than 60 days pending the receipt of the information sought under par. (b) 1. or 1m. An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph and a court-appointed special advocate program shall provide supervision for a person who is employed, contracted with or permitted to volunteer as permitted under this paragraph.

SB451, s. 23 Section 23. 48.685 (3) (c) of the statutes is created to read:

SB451,15,16 48.685 (3) (c) Every 4 years or at any time within that period that a person required to obtain the information specified in sub. (2) (b) 1m. a. to e. considers appropriate, that person shall request that information for all persons who are employes, contractors or volunteers of a court-appointed special advocate program.

SB451, s. 24 Section 24. 48.685 (3m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,16,2 48.685 (3m) Notwithstanding subs. (2) (b) 1. and 1m. and (3) (b) and (c), if the department, a county department 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 resident of an entity, or is also an employe, contractor or volunteer of a court-appointed special advocate program, the entity or person who is required to obtain the information under sub. (2) (b) 1m. or (3) (c) is not required to obtain the information specified in sub. (2) (b) 1. or 1m. or (3) (b) or (c) with respect to that person.

SB451, s. 25 Section 25. 48.685 (4) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,16,7 48.685 (4) An entity or a court-appointed special advocate program that violates sub. (2) or (3) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

SB451, s. 26 Section 26. 48.685 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,16,24 48.685 (5) (intro.) The department may license to operate an entity, a county department may certify under s. 48.651 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. and a court-appointed special advocate program may employe, contract with or appoint as a volunteer a person who otherwise may not be employed, contracted with or appointed as a volunteer of the court-appointed special advocate program for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department, the county department or the, licensed child welfare agency, county board or 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 person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

SB451, s. 27 Section 27. 48.685 (5c) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,17,8 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) to demonstrate to the department or to a licensed 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.

SB451, s. 28 Section 28. 48.685 (5c) (bm) of the statutes is created to read:

SB451,17,17 48.685 (5c) (bm) Any person who is permitted but fails under sub. (5) to demonstrate to the county board that he or she has been rehabilitated may appeal to the chairperson of the county board or his or her designee or, in a county that has a county executive or a county administrator, to the county executive or county administrator or his or her designee. Any person who is adversely affected by a decision of the chairperson of the county board, the county executive, the county administrator or his or her designee under this paragraph has a right to appeal the decision under ch. 68.

SB451, s. 29 Section 29. 48.685 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,18,6 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 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.) and a court-appointed special advocate program may refuse to employe, contract with or appoint as a volunteer 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, licensed child welfare agency, county board, school board or entity, substantially related to the care of a client.

SB451, s. 30 Section 30. 48.685 (6) (ap) of the statutes is created to read:

SB451,18,13 48.685 (6) (ap) Every 4 years a court-appointed special advocate program shall require all employes, prospective employes, contractors, prospective contractors, volunteers and prospective volunteers who will be under the control of the court-appointed special advocate program and who have, or are expected to have, access to its clients to complete a background information form that is provided by the department.

SB451, s. 31 Section 31. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB451,18,23 48.685 (6) (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, the department, for persons 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. or (ap), the entity or court-appointed special advocate program shall maintain the background information form on file for inspection by the department, county department, county board, licensed child welfare agency or school board, whichever is applicable.

SB451, s. 32 Section 32. 48.981 (7) (a) 11r. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB451,19,9 48.981 (7) (a) 11r. A volunteer appointed or person employed by or an employe of a court-appointed special advocate program recognized by the county board or the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department, to the extent necessary to perform the advocacy services in proceedings related to a petition under s. 48.13 for which the court-appointed special advocate program is recognized by the county board, county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department.

SB451, s. 33 Section 33. 59.53 (7m) of the statutes is created to read:

SB451,19,13 59.53 (7m) Court-appointed special advocate programs. The board may recognize court-appointed special advocate programs to perform advocacy services for a child who is the subject of a proceeding related to a petition under s. 48.13.

SB451, s. 34 Section 34. 895.56 of the statutes is created to read:

SB451,19,21 895.56 Civil liability exemption; court-appointed special advocates. (1) In this section, "court-appointed special advocate program" means a program that is recognized by a county board, a county department, as defined in s. 48.02 (2g), or, in a county having a population of 500,000 or more, the department of health and family services or a licensed child welfare agency under contract with that department to perform advocacy services for a child who is the subject of a proceeding related to a petition under s. 48.13.

SB451,20,2 (2) Any volunteer appointed by or employe of a court-appointed special advocate program is immune from civil liability for any act or omission of the volunteer or employe done within the scope of his or her duty and authority as a volunteer appointed by or an employe of the court-appointed special advocate program.

SB451,20,10 (3) The immunity under sub. (2) does not apply if the act or omission of the volunteer appointed by or the employe of the court-appointed special advocate program was not done in good faith. The good faith of a volunteer appointed by or an employe of a court-appointed special advocate program acting within the scope of his or her duty and authority as a volunteer appointed by or an employe of the court-appointed special advocate program is presumed in a civil action. Any person who asserts that a volunteer appointed by or an employe of a court-appointed special advocate program did not act in good faith has the burden of proving that assertion.

SB451, s. 35 Section 35. Effective dates. This act takes effect on the day after publication, except as follows:

SB451,20,16 (1) The treatment of sections 48.685 (2) (am) 5., (b) 1. e., 1m., 1p., 2. and 3., (bg), (bm) and (c), (3) (c), (3m), (4), (5) (intro.), (5c) (a) and (bm), (5m) and (6) (ap) and (b) of the statutes and the amendment of section 48.685 (2) (ag) (intro.) of the statutes take effect on October 1, 1998, or on the day after publication, whichever is later.

SB451,20,18 (2) The repeal and recreation of section 48.685 (2) (ag) (intro.) of the statutes takes effect on October 1, 1999, or on the day after publication, whichever is later.

SB451,20,19 (End)