SB451,15,1124 48.685 (2) (c) If the background information form completed by a person under
25sub. (6) (am) or (ap) indicates that the person is not ineligible to be employed,

1contracted with or permitted to reside at an entity, or to be employed, contracted with
2or permitted to volunteer with a court-appointed special advocate program,
for a
3reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person
4or permit the person to reside at the entity, and a court-appointed special advocate
5program may employ, contract with or permit to volunteer with the court-appointed
6special advocate program,
for not more than 60 days pending the receipt of the
7information sought under par. (b) 1. or 1m. An entity shall provide supervision for
8a person who is employed, contracted with or permitted to reside as permitted under
9this paragraph and a court-appointed special advocate program shall provide
10supervision for a person who is employed, contracted with or permitted to volunteer
11as permitted under this paragraph
.
SB451, s. 23 12Section 23. 48.685 (3) (c) of the statutes is created to read:
SB451,15,1613 48.685 (3) (c) Every 4 years or at any time within that period that a person
14required to obtain the information specified in sub. (2) (b) 1m. a. to e. considers
15appropriate, that person shall request that information for all persons who are
16employes, contractors or volunteers of a court-appointed special advocate program.
SB451, s. 24 17Section 24. 48.685 (3m) of the statutes, as created by 1997 Wisconsin Act 27,
18is amended to read:
SB451,16,219 48.685 (3m) Notwithstanding subs. (2) (b) 1. and 1m. and (3) (b) and (c), if the
20department, a county department or a school board has obtained the information
21required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2)
22(a) (intro.) and that person is also an employe, contractor or resident of an entity, or
23is also an employe, contractor or volunteer of a court-appointed special advocate
24program,
the entity or person who is required to obtain the information under sub.

1(2) (b) 1m. or (3) (c)
is not required to obtain the information specified in sub. (2) (b)
21. or 1m. or (3) (b) or (c) with respect to that person.
SB451, s. 25 3Section 25. 48.685 (4) of the statutes, as created by 1997 Wisconsin Act 27, is
4amended to read:
SB451,16,75 48.685 (4) An entity or a court-appointed special advocate program that
6violates sub. (2) or (3) may be required to forfeit not more than $1,000 and may be
7subject to other sanctions specified by the department by rule.
SB451, s. 26 8Section 26. 48.685 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act
927
, is amended to read:
SB451,16,2410 48.685 (5) (intro.) The department may license to operate an entity, a county
11department may certify under s. 48.651 and a school board may contract with under
12s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted
13with for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract
14with or permit to reside at the entity a person who otherwise may not be employed,
15contracted with or permitted to reside at the entity for a reason specified in sub. (2)
16(ag) 1. to 5. and a court-appointed special advocate program may employe, contract
17with or appoint as a volunteer a person who otherwise may not be employed,
18contracted with or appointed as a volunteer of the court-appointed special advocate
19program for a reason specified in sub. (2) (ag) 1. to 5.
, if the person demonstrates to
20the department, the county department or the, licensed child welfare agency, county
21board or
school board by clear and convincing evidence and in accordance with
22procedures established by the department by rule that he or she has been
23rehabilitated. No person who has been convicted of any of the following offenses may
24be permitted to demonstrate that he or she has been rehabilitated:
SB451, s. 27
1Section 27. 48.685 (5c) (a) of the statutes, as created by 1997 Wisconsin Act
227
, is amended to read:
SB451,17,83 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) to
4demonstrate to the department or to a licensed child welfare agency that he or she
5has been rehabilitated may appeal to the secretary of health and family services or
6his or her designee. Any person who is adversely affected by a decision of the
7secretary or his or her designee under this paragraph has a right to a contested case
8hearing under ch. 227.
SB451, s. 28 9Section 28. 48.685 (5c) (bm) of the statutes is created to read:
SB451,17,1710 48.685 (5c) (bm) Any person who is permitted but fails under sub. (5) to
11demonstrate to the county board that he or she has been rehabilitated may appeal
12to the chairperson of the county board or his or her designee or, in a county that has
13a county executive or a county administrator, to the county executive or county
14administrator or his or her designee. Any person who is adversely affected by a
15decision of the chairperson of the county board, the county executive, the county
16administrator or his or her designee under this paragraph has a right to appeal the
17decision under ch. 68.
SB451, s. 29 18Section 29. 48.685 (5m) of the statutes, as created by 1997 Wisconsin Act 27,
19is amended to read:
SB451,18,620 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
21a person to operate an entity, a county department may refuse to certify a day care
22provider under s. 48.651, a school board may refuse to contract with a person under
23s. 120.13 (14), and an entity may refuse to employ, contract with or permit to reside
24at the entity a person specified in sub. (2) (ag) (intro.) and a court-appointed special
25advocate program may refuse to employe, contract with or appoint as a volunteer a

1person specified in sub. (2) (ag) (intro.)
if the person has been convicted of an offense
2that the department has not defined as a "serious crime" by rule promulgated under
3sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is,
4in the estimation of the department, county department, licensed child welfare
5agency, county board,
school board or entity, substantially related to the care of a
6client.
SB451, s. 30 7Section 30. 48.685 (6) (ap) of the statutes is created to read:
SB451,18,138 48.685 (6) (ap) Every 4 years a court-appointed special advocate program shall
9require all employes, prospective employes, contractors, prospective contractors,
10volunteers and prospective volunteers who will be under the control of the
11court-appointed special advocate program and who have, or are expected to have,
12access to its clients to complete a background information form that is provided by
13the department.
SB451, s. 31 14Section 31. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27,
15is amended to read:
SB451,18,2316 48.685 (6) (b) For persons specified under par. (a) who are regulated, licensed
17or certified by, or registered with, the department, for persons specified in par. (am)
182., and for other persons specified by the department by rule, the entity shall send
19the background information form to the department. For all other persons specified
20in par. (a) and for persons specified under par. (am) 1. or (ap), the entity or
21court-appointed special advocate program
shall maintain the background
22information form on file for inspection by the department, county department,
23county board, licensed child welfare agency or school board, whichever is applicable
.
SB451, s. 32 24Section 32. 48.981 (7) (a) 11r. of the statutes, as affected by 1997 Wisconsin
25Act 27
, is amended to read:
SB451,19,9
148.981 (7) (a) 11r. A volunteer appointed or person employed by or an employe
2of
a court-appointed special advocate program recognized by the county board or the
3county department or, in a county having a population of 500,000 or more, the
4department or a licensed child welfare agency under contract with the department
,
5to the extent necessary to perform the advocacy services in proceedings related to a
6petition under s. 48.13 for which the court-appointed special advocate program is
7recognized by the county board, county department or, in a county having a
8population of 500,000 or more, the department or a licensed child welfare agency
9under contract with the
department.
SB451, s. 33 10Section 33. 59.53 (7m) of the statutes is created to read:
SB451,19,1311 59.53 (7m) Court-appointed special advocate programs. The board may
12recognize court-appointed special advocate programs to perform advocacy services
13for a child who is the subject of a proceeding related to a petition under s. 48.13.
SB451, s. 34 14Section 34. 895.56 of the statutes is created to read:
SB451,19,21 15895.56 Civil liability exemption; court-appointed special advocates.
16(1) In this section, "court-appointed special advocate program" means a program
17that is recognized by a county board, a county department, as defined in s. 48.02 (2g),
18or, in a county having a population of 500,000 or more, the department of health and
19family services or a licensed child welfare agency under contract with that
20department to perform advocacy services for a child who is the subject of a proceeding
21related to a petition under s. 48.13.
SB451,20,2 22(2) Any volunteer appointed by or employe of a court-appointed special
23advocate program is immune from civil liability for any act or omission of the
24volunteer or employe done within the scope of his or her duty and authority as a

1volunteer appointed by or an employe of the court-appointed special advocate
2program.
SB451,20,10 3(3) The immunity under sub. (2) does not apply if the act or omission of the
4volunteer appointed by or the employe of the court-appointed special advocate
5program was not done in good faith. The good faith of a volunteer appointed by or
6an employe of a court-appointed special advocate program acting within the scope
7of his or her duty and authority as a volunteer appointed by or an employe of the
8court-appointed special advocate program is presumed in a civil action. Any person
9who asserts that a volunteer appointed by or an employe of a court-appointed special
10advocate program did not act in good faith has the burden of proving that assertion.
SB451, s. 35 11Section 35. Effective dates. This act takes effect on the day after publication,
12except as follows:
SB451,20,1613 (1) The treatment of sections 48.685 (2) (am) 5., (b) 1. e., 1m., 1p., 2. and 3., (bg),
14(bm) and (c), (3) (c), (3m), (4), (5) (intro.), (5c) (a) and (bm), (5m) and (6) (ap) and (b)
15of the statutes and the amendment of section 48.685 (2) (ag) (intro.) of the statutes
16take effect on October 1, 1998, or on the day after publication, whichever is later.
SB451,20,1817 (2) The repeal and recreation of section 48.685 (2) (ag) (intro.) of the statutes
18takes effect on October 1, 1999, or on the day after publication, whichever is later.
SB451,20,1919 (End)
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