AB100: Bill Text

AB100, s. 1005 Section 1005. 48.685 (5c) (am) of the statutes is created to read:

AB100,516,13 48.685 (5c) (am) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department of workforce development that he or she has been rehabilitated may appeal to the secretary of workforce development 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.

AB100, s. 1006 Section 1006. 48.685 (5m) of the statutes is amended to read:

AB100,517,8 48.685 (5m) Notwithstanding s. 111.335, the department of health and family services may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department of health and family services, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department of workforce development may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651 49.156, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 49.156 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department of workforce development, county department, school board, day care center, or day care provider, substantially related to the care of a client.

AB100, s. 1007 Section 1007. 48.685 (6) (a) of the statutes is amended to read:

AB100,517,20 48.685 (6) (a) The department of health and family services shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department of workforce development shall require any person who applies for issuance or continuation of a license to operate a day care center, a county department shall require any day care provider who applies for initial certification under s. 48.651 49.156 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.

AB100, s. 1008 Section 1008. 48.685 (6) (b) 1. of the statutes is amended to read:

AB100,518,4 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 (14) or of a day care provider that is certified under s. 48.651 of health and family services, for persons who are nonclient residents of an entity that is licensed by the department of health and family services, and for other persons specified by the department of health and family services by rule, the entity shall send the background information form to the department of health and family services.

AB100, s. 1009 Section 1009. 48.685 (6) (b) 1m. of the statutes is created to read:

AB100,518,13 48.685 (6) (b) 1m. For caregivers who are licensed by the department of workforce development, 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. 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 49.156, for persons who are nonclient residents of an entity that is licensed by the department of workforce development, and for other persons specified by the department of workforce development by rule, the entity shall send the background information form to the department of workforce development.

AB100, s. 1010 Section 1010. 48.685 (8) of the statutes is amended to read:

AB100,518,22 48.685 (8) The department of health and family services, the department of workforce development, a county department, a child welfare agency , or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB100, s. 1011 Section 1011. 48.69 of the statutes is amended to read:

AB100,519,13 48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, or group home or day care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67, and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, or group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, or group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, or group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.

AB100, s. 1012 Section 1012. 48.715 (1) of the statutes is amended to read:

AB100,519,17 48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, or group home or day care center.

AB100, s. 1013 Section 1013. 48.715 (2) (a) of the statutes is amended to read:

AB100,519,22 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, or group home or day care center if the child welfare agency, shelter care facility, or group home or day care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.

AB100, s. 1014 Section 1014. 48.715 (4) (c) of the statutes is amended to read:

AB100,520,3 48.715 (4) (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, or group home or day care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.

AB100, s. 1015 Section 1015. 48.715 (6) of the statutes is amended to read:

AB100,520,19 48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB100, s. 1016 Section 1016. 48.715 (7) of the statutes is amended to read:

AB100,521,2 48.715 (7) The department of health and family services shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.

AB100, s. 1017 Section 1017. 48.73 of the statutes is amended to read:

AB100,521,7 48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, and group home and day care center licensed by it the department, and for such purpose shall be given unrestricted access to the premises described in the license.

AB100, s. 1018 Section 1018. 48.735 of the statutes is renumbered 49.998 (1) and amended to read:

AB100,521,17 49.998 (1) Immunization requirements; day care centers. The If the department of health and family services finds that there has been a substantial failure by a day care center to comply with the requirements of s. 252.04, that department shall notify the department of workforce development, and the department of workforce development, after notice to a the day care center licensee, may suspend, revoke, or refuse to continue a the licensee's day care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.

AB100, s. 1019 Section 1019. 48.737 of the statutes is renumbered 49.998 (2) and amended to read:

AB100,522,7 49.998 (2) Lead screening, inspection and reduction requirements; day care centers. The If the department of health and family services finds that there has been a substantial failure by a day care center that holds a license under s. 49.98 or a probationary license under s. 49.99 or by a day care provider certified under s. 49.156 to comply with any rule promulgated under s. 254.162, 254.168, or 254.172, that department shall notify the department of workforce development, and the department of workforce development, after notice to a day care provider certified under s. 48.651, or a the day care center that holds a license under s. 48.65 or a probationary license under s. 48.69 or day care provider, may suspend, revoke, or refuse to renew or continue a the license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168 or 254.172 of the day care center or day care provider.

AB100, s. 1020 Section 1020. 48.74 of the statutes is amended to read:

AB100,522,16 48.74 Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of ss. s. 48.60, 48.62, or 48.625 or 48.65, it , the department shall make an investigation to determine the facts. For the purposes of this investigation, it the department shall have authority to inspect the premises where the violation is alleged to occur. If it the department finds that the person is violating any of the specified those sections, it the department may either issue a license if the person is qualified or may institute a prosecution under s. 48.76.

AB100, s. 1021 Section 1021. 48.76 of the statutes is amended to read:

AB100,522,20 48.76 Penalties. In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, or 48.63 or 48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.

AB100, s. 1022 Section 1022. 48.77 of the statutes is amended to read:

AB100,523,2 48.77 Injunction against violations. In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 48.60, 48.62, 48.625, or 48.63 or 48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813.

AB100, s. 1023 Section 1023. 48.78 (2) (h) of the statutes is created to read:

AB100,523,23 48.78 (2) (h) Paragraph (a) does not prohibit the department, a county department, or a licensed child welfare agency from entering the content of any record kept or information received about an individual in its care or legal custody into the statewide automated child welfare information system established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services from having access to information concerning a client of that county department, department, or organization under this chapter or ch. 51 or 938 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 51 or 938 or to coordinate the delivery of services under this chapter or ch. 51 or 938 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the department, county department, or licensed child welfare agency entering the information shall notify the individual that the information entered may be disclosed as provided in this paragraph.

AB100, s. 1024 Section 1024. 48.975 (3) (a) 1. of the statutes is amended to read:

AB100,524,7 48.975 (3) (a) 1. Except as provided in subd. 3., for support of a child who was in foster care or, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or, treatment foster care, or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB100, s. 1025 Section 1025. 48.975 (3) (a) 2. of the statutes is amended to read:

AB100,524,14 48.975 (3) (a) 2. Except as provided in subd. 3., for support of a child not in foster care or, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the uniform foster care rate in effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB100, s. 1026 Section 1026. 48.975 (4) (a) of the statutes is amended to read:

AB100,524,22 48.975 (4) (a) Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is in the guardianship of the department or other agency authorized to place children for adoption or, in the guardianship of an American Indian tribal agency in this state, or in a subsidized guardianship under s. 48.62 (5).

AB100, s. 1027 Section 1027. 48.975 (4m) of the statutes is created to read:

AB100,525,4 48.975 (4m) Recovery of incorrect payments. The department may recover an overpayment of adoption assistance from an adoptive parent who continues to receive adoption assistance for maintenance by reducing the amount of the adoptive parent's monthly payment of adoption assistance for maintenance. The department may by rule specify other methods for recovering overpayments of adoption assistance.

AB100, s. 1028 Section 1028. 48.977 (title) of the statutes is amended to read:

AB100,525,7 48.977 (title) Appointment of relatives as guardians for certain children in need of protection or services.

AB100, s. 1029 Section 1029. 48.977 (1) of the statutes is repealed.

AB100, s. 1030 Section 1030. 48.977 (2) (intro.) of the statutes is amended to read:

AB100,525,12 48.977 (2) Type of guardianship. (intro.) This section may be used for the appointment of a relative of a child as a guardian of the person for the a child if the court finds all of the following:

AB100, s. 1031 Section 1031. 48.977 (2) (a) of the statutes is amended to read:

AB100,525,21 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 for a cumulative total period of one year or longer or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1).

AB100, s. 1032 Section 1032. 48.977 (2) (b) of the statutes is amended to read:

AB100,526,2 48.977 (2) (b) That the person nominated as the guardian of the child is a relative of the child person with whom the child has been placed or in whose home placement of the child is recommended under par. (a) and that it is likely that the child will continue to be placed with that relative person for an extended period of time or until the child attains the age of 18 years.

AB100, s. 1033 Section 1033. 48.977 (2) (c) of the statutes is amended to read:

AB100,526,6 48.977 (2) (c) That, if appointed, it is likely that the relative person would be willing and able to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

AB100, s. 1034 Section 1034. 48.977 (2) (f) of the statutes is amended to read:

AB100,527,2 48.977 (2) (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child or that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring the child's health and safety, but that continued placement of the child in the home would be contrary to the welfare of the child, except that the court is not required to find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph.

AB100, s. 1035 Section 1035. 48.977 (3r) of the statutes is created to read:

AB100,527,14 48.977 (3r) Subsidized guardianship. Subject to s. 48.62 (5) (d), if a county department or, in a county having a population of 500,000 or more, the department has determined under s. 48.62 (5) (a) 2. that appointing a guardian under sub. (2) for a child who does not meet the conditions specified under s. 48.62 (5) (a) 1. and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of that determination and a request for the court to include in the court's findings under sub. (4) (d) a finding confirming that determination. If the court confirms that determination and appoints a guardian for the child under sub. (2), the county department or department shall provide monthly subsidized guardianship payments to the guardian under s. 48.62 (5).

AB100, s. 1036 Section 1036. 48.977 (4) (a) 4. of the statutes is amended to read:

AB100,527,18 48.977 (4) (a) 4. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.

AB100, s. 1037 Section 1037. 48.977 (4) (a) 6. of the statutes is amended to read:

AB100,527,23 48.977 (4) (a) 6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938 or the child's placement with the guardian is recommended under ch. 938, a county department under s. 46.215, 46.22, or 46.23.

AB100, s. 1038 Section 1038. 48.977 (4) (b) 3. of the statutes is amended to read:

AB100,528,7 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and the dates that on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.

AB100, s. 1039 Section 1039. 48.977 (4) (c) 1. g. of the statutes is amended to read:

AB100,528,11 48.977 (4) (c) 1. g. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.

AB100, s. 1040 Section 1040. 48.977 (4) (e) of the statutes is amended to read:

AB100,528,25 48.977 (4) (e) Court report. The For a child who has been placed, or continued in a placement, outside of his or her home for 6 months or longer, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. For a child who has been placed, or continued in a placement, outside of his or her home for less than 6 months, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court the report submitted under s. 48.33 (1) or 938.33 (1), the permanency plan prepared under s. 48.38 or 938.38, if one has been prepared, and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (fm).

AB100, s. 1041 Section 1041. 48.977 (4) (g) 1. of the statutes is amended to read:

AB100,529,3 48.977 (4) (g) 1. Whether the relative person would be a suitable guardian of the child.

AB100, s. 1042 Section 1042. 48.977 (4) (g) 2. of the statutes is amended to read:

AB100,529,7 48.977 (4) (g) 2. The willingness and ability of the relative person to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

AB100, s. 1043 Section 1043. 48.977 (4) (h) 1. of the statutes is amended to read:

AB100,529,11 48.977 (4) (h) 1. A disposition dismissing the petition if the court determines that appointment of the relative person as the child's guardian is not in the best interests of the child.

AB100, s. 1044 Section 1044. 48.977 (4) (h) 2. of the statutes is amended to read:

AB100,529,17 48.977 (4) (h) 2. A disposition ordering that the relative person with whom the child has been placed or in whose home placement of the child is recommended as described in sub. (2) (a) be appointed as the child's guardian under sub. (5) (a) or limited guardian under sub. (5) (b), if the court determines that such an appointment is in the best interests of the child.

AB100, s. 1045 Section 1045. 48.982 (4) (a) of the statutes is amended to read:

AB100,529,22 48.982 (4) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (m), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $30,000.

AB100, s. 1046 Section 1046. 48.982 (6) (a) of the statutes is amended to read:

AB100,530,3 48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (ma), and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.

AB100, s. 1047 Section 1047. 48.982 (7) (a) of the statutes is amended to read:

AB100,530,7 48.982 (7) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

AB100, s. 1048 Section 1048. 49.001 (1) of the statutes is amended to read:

AB100,530,11 49.001 (1) "Child care provider" means a child care provider that is licensed under s. 48.65 49.98 (1), certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).

AB100, s. 1049 Section 1049. 49.134 (2) (a) of the statutes is amended to read:

AB100,530,16 49.134 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.