AB823: Bill Text

AB823, s. 6 Section 6. 48.685 (5c) (c) of the statutes is amended to read:

AB823,5,22 48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary superintendent of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary superintendent of public instruction or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB823, s. 7 Section 7. 48.685 (5d) (c) of the statutes is created to read:

AB823,6,3 48.685 (5d) (c) A tribe may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to some, but not all, entities within the boundaries of the tribe's reservation. The department shall grant that authority if the criteria established by rule under sub. (7) (bm) are satisfied.

AB823, s. 8 Section 8. 48.685 (5d) (d) of the statutes is created to read:

AB823,6,14 48.685 (5d) (d) A tribe may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to an entity located outside the boundaries of the tribe's reservation that is owned or operated by the tribe or a tribal corporation. The department shall evaluate the tribe's request, considering factors such as the proximity of the off-reservation tribal entity to the reservation and the population to be served by the off-reservation tribal entity, and, if the department determines that the conduct of rehabilitation reviews by the tribe with respect to the off-reservation tribal entity is rationally related to the protection of clients, the department may authorize the tribe to conduct rehabilitation reviews with respect to the off-reservation tribal entity.

AB823, s. 9 Section 9. 48.685 (6) (b) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB823,6,23 48.685 (6) (b) 1. For caregivers who are licensed by the department, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) (14) or of a day care provider that is certified under s. 48.651, for persons who are nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.

AB823, s. 10 Section 10. 48.685 (7) (bm) of the statutes is created to read:

AB823,7,4 48.685 (7) (bm) Establish by rule criteria for the department to use in determining whether a tribe whose plan is approved under sub. (5d) (b) may be authorized to conduct rehabilitation reviews under sub. (5) for some, but not all, entities within the boundaries of the tribe's reservation.

AB823, s. 11 Section 11. 50.065 (1) (cn) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB823,7,9 50.065 (1) (cn) "Nonclient resident" means a person 10 years of age or older who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.

AB823, s. 12 Section 12. 50.065 (5) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB823,7,24 50.065 (5) The department may license, certify, issue a certificate of approval to or register to operate an entity a person who otherwise may not be licensed, certified, issued a certificate of approval or registered for a reason specified in sub. (4m) (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. (4m) (b) 1. to 5., if the person demonstrates to the department, or, in the case of an entity located outside the boundaries of a reservation that is owned or operated by a tribe or tribal corporation and that is subject to rehabilitation reviews by the tribe under sub. (5d) (d) or an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule, or by the tribe, that he or she has been rehabilitated.

AB823, s. 13 Section 13. 50.065 (5d) (c) of the statutes is created to read:

AB823,8,5 50.065 (5d) (c) A tribe may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to some, but not all, entities within the boundaries of the tribe's reservation. The department shall grant that authority if the criteria established by rule under sub. (7) (bm) are satisfied.

AB823, s. 14 Section 14. 50.065 (5d) (d) of the statutes is created to read:

AB823,8,16 50.065 (5d) (d) A tribe may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to an entity located outside the boundaries of the tribe's reservation that is owned or operated by the tribe or a tribal corporation. The department shall evaluate the tribe's request, considering factors such as proximity of the off-reservation tribal entity to the reservation and the population to be served by the off-reservation tribal entity, and, if the department determines that the conduct of rehabilitation reviews by the tribe with respect to the off-reservation tribal entity is rationally related to the protection of clients, the department may authorize the tribe to conduct rehabilitation reviews with respect to the off-reservation tribal entity.

AB823, s. 15 Section 15. 50.065 (7) (bm) of the statutes is created to read:

AB823,8,21 50.065 (7) (bm) Establish by rule criteria for the department to use in determining whether a tribe whose plan is approved under sub. (5d) (b) may be authorized to conduct rehabilitation reviews under sub. (5) for some, but not all, entities within the boundaries of the tribe's reservation.

AB823, s. 16 Section 16. 146.40 (1) (cn) of the statutes is created to read:

AB823,8,23 146.40 (1) (cn) "Nonclient resident" has the meaning given in s. 50.065 (1) (cn).

AB823, s. 17 Section 17. 146.40 (4g) (a) 4. of the statutes is amended to read:

AB823,9,4 146.40 (4g) (a) 4. A brief statement, if any, of an individual about whom the department is notified lists on the registry under sub. (4) subd. 2. and who disputes the department's findings under sub. (4r) (b) or the hearing officer's findings under sub. (4r) (d).

AB823, s. 18 Section 18. 146.40 (4r) (a) of the statutes is amended to read:

AB823,9,9 146.40 (4r) (a) Any individual may report to the department that he or she believes that any person who is employed by or under contract with an entity or who is a nonclient resident at an entity has neglected or abused a client or misappropriated the client's property.

AB823, s. 19 Section 19. 146.40 (4r) (am) 1. of the statutes is amended to read:

AB823,9,15 146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person who is employed by or under contract with the entity or who is a nonclient resident at the entity if the person is under the control of the entity.

AB823, s. 20 Section 20. 146.40 (4r) (c) of the statutes is amended to read:

AB823,9,23 146.40 (4r) (c) If the nurse's assistant or home health aide under par. (b) a person whom the department proposes under par. (b) to list on the registry notifies the department that he or she waives a hearing to contest the listings in the registry under par. (b), or fails to notify the department within 30 days after receipt of a the notice under specified in par. (b), the department shall enter the name of the individual under sub. (4g) (a) 2. and the department's findings about the individual under sub. (4g) (a) 3.

AB823, s. 21 Section 21. 146.40 (4r) (d) of the statutes is amended to read:

AB823,10,15 146.40 (4r) (d) If the a person specified in the report received under par. (a) or (am) whom the department proposes under par. (b) to list on the registry timely notifies the division of hearings and appeals created under s. 15.103 (1) that he or she contests the listings in the registry under par. (b), the division of hearings and appeals shall hold a hearing under the requirements of ch. 227. If after presentation of evidence a hearing officer finds that there is no reasonable cause to believe that the person specified in the report received under par. (a) or (am) performed an action alleged under par. (a) or (am), the hearing officer shall dismiss the proceeding. If after presentation of evidence a hearing officer finds that there is reasonable cause to believe that the person specified in the report received under par. (a) or (am) performed an action alleged under par. (a) or (am), the hearing officer shall so find and shall cause the name of the person specified in the report received under par. (a) or (am) to be entered under sub. (4g) (a) 2. and the hearing officer's findings about the person specified in the report received under par. (a) or (am) to be entered under sub. (4g) (a) 3.

AB823, s. 22 Section 22. 146.40 (4r) (e) of the statutes is amended to read:

AB823,10,21 146.40 (4r) (e) The nurse's assistant or home health aide A person whom the department lists on the registry under sub. (4g) may provide the department with a brief statement disputing the department's findings under par. (b) or the hearing officer's findings under par. (d) and, if so provided, the department shall enter the statement under sub. (4g) (a) 4.

AB823,10,22 (End)