SB40: Bill Text

SB40, s. 1346 Section 1346. 48.685 (1) (bg) of the statutes is repealed.

SB40, s. 1347 Section 1347. 48.685 (1) (d) of the statutes is repealed.

SB40, s. 1348 Section 1348. 48.685 (2) (am) 5. of the statutes is amended to read:

SB40,636,19 48.685 (2) (am) 5. Information maintained by the department of health and family services under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (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 sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department, a county department, a child welfare agency or a school board need not obtain the information specified in subds. 1. to 4.

SB40, s. 1349 Section 1349. 48.685 (2) (b) 1. (intro.) of the statutes is amended to read:

SB40,636,22 48.685 (2) (b) 1. (intro.) Every entity shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. a. of the entity:

SB40, s. 1350 Section 1350. 48.685 (2) (b) 1. e. of the statutes is amended to read:

SB40,637,8 48.685 (2) (b) 1. e. Information maintained by the department of health and family services under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (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 sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, 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.

SB40, s. 1351 Section 1351. 48.685 (2) (c) of the statutes is created to read:

SB40,637,17 48.685 (2) (c) 1. If the person who is the subject of the search under par. (am) is seeking an initial license to operate a foster home or treatment foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under 42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A). The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 (e).

SB40,638,3 2. If the person who is the subject of the search under par. (am) is seeking a license to operate a foster home or treatment foster home or is an adult nonclient resident of the foster home or treatment foster home and if the person is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department, county department, or child welfare agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the person is a resident or was a resident within those 5 years for information that is equivalent to the information specified in par. (am) 4. The department, county department, or child welfare agency may not use any information obtained under this subdivision for any purpose other than a search of the person's background under par. (am).

SB40, s. 1352 Section 1352. 48.685 (3) (a) of the statutes is amended to read:

SB40,638,14 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, or a school board considers appropriate, the department, county department, child welfare agency , or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of an entity such a caregiver, and for all 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) or of a day care provider that is certified under s. 48.651.

SB40, s. 1353 Section 1353. 48.685 (3) (b) of the statutes is amended to read:

SB40,638,22 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the entity other than 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.

SB40, s. 1354 Section 1354. 48.685 (4m) (b) (intro.) of the statutes is amended to read:

SB40,639,2 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1) (ag) 1. a. or permit a nonclient resident to reside at the entity if the entity knows or should have known any of the following:

SB40, s. 1355 Section 1355. 48.685 (5) (a) of the statutes is amended to read:

SB40,639,16 48.685 (5) (a) The Subject to par. (bm), the department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 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. (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, the county department, the child welfare agency, or the school board or, in the case of 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.

SB40, s. 1356 Section 1356. 48.685 (5) (bm) (intro.) of the statutes is amended to read:

SB40,639,22 48.685 (5) (bm) (intro.) For purposes of licensing a foster home or treatment foster home for the placement of a child on whose behalf foster care maintenance payments under s. 48.62 (4) will be provided, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

SB40, s. 1357 Section 1357. 48.685 (5c) (a) of the statutes is amended to read:

SB40,640,4 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department or a 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.

SB40, s. 1358 Section 1358. 48.685 (8) of the statutes is amended to read:

SB40,640,12 48.685 (8) The department, the department of health and family services, 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.

SB40, s. 1359 Section 1359. 48.715 (6) of the statutes is amended to read:

SB40,641,3 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, 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 residential care center for children and youth, 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.

SB40, s. 1360 Section 1360. 48.743 of the statutes is created to read:

SB40,641,7 48.743 Community living arrangements for children. (1) In this section, "community living arrangement for children" means a residential care center for children and youth or a group home.

SB40,641,10 (2) Community living arrangements for children shall be subject to the same building and housing ordinances, codes, and regulations of the municipality or county as similar residences located in the area in which the facility is located.

SB40,641,17 (3) The department shall designate a subunit to keep records and supply information on community living arrangements for children under ss. 59.69 (15) (f), 60.63 (7), and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements for children and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements for children.

SB40,641,25 (4) A community living arrangement for children with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement for children with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements for children are void as against public policy.

SB40,642,8 (5) If a community living arrangement for children is required to obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.

SB40, s. 1361 Section 1361. 48.745 (5) of the statutes is amended to read:

SB40,642,13 48.745 (5) If the county department designates the department to receive formal complaints, the subunit under s. 46.03 (22) (c) 48.743 (3) shall receive the complaints and the department shall have all the powers and duties granted to the county department in this section.

SB40, s. 1362 Section 1362. 48.75 (1g) (c) 1. of the statutes is amended to read:

SB40,642,18 48.75 (1g) (c) 1. A statement that the public licensing agency issuing the license is responsible has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child who is placed in the foster home, as specified in the agreement.

SB40, s. 1363 Section 1363. 48.75 (1m) of the statutes is amended to read:

SB40,642,23 48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 of health and family services with information about each person who is denied a license for a reason specified in s. 48.685 (4m) (a) 1. to 5.

SB40, s. 1364 Section 1364. 48.78 (2) (h) of the statutes is amended to read:

SB40,643,5 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 by the department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40, s. 1365 Section 1365. 48.839 (1) (d) of the statutes is amended to read:

SB40,643,13 48.839 (1) (d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety.

SB40, s. 1366 Section 1366. 48.839 (1) (e) of the statutes is amended to read:

SB40,643,19 48.839 (1) (e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance for the child until he or she reaches age 18 or is adopted.

SB40, s. 1367 Section 1367. 48.88 (2) (am) of the statutes is created to read:

SB40,644,6 48.88 (2) (am) 1. If the petitioner was required to obtain an initial license to operate a foster home or treatment foster home before placement of the child for adoption or relicensure after a break in licensure, the agency making the investigation shall obtain a criminal history search from the records maintained by the department of justice and request under 42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A), with respect to the petitioner. The agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 (e). In the case of a child on whose behalf adoption assistance payments will be provided under s. 48.975, if the petitioner has been convicted of any of the offenses specified in s. 48.685 (5) (bm) 1. to 4., the agency may not report that the petitioner's home is suitable for the child.

SB40,644,19 2. If the petitioner was required to obtain a license to operate a foster home or treatment foster home before placement of the child for adoption, the agency making the investigation shall obtain information maintained by the department regarding any substantiated reports of child abuse or neglect against the petitioner and any other adult residing in the petitioner's home. If the petitioner or other adult residing in the petitioner's home is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the petitioner or other adult is a resident or was a resident within those 5 years for information that is equivalent to the information maintained by the department regarding substantiated reports of child abuse or neglect. The agency may not use any information obtained under this subdivision for any purpose other than a background search under this subdivision.

SB40, s. 1368 Section 1368. 48.93 (1d) of the statutes is amended to read:

SB40,644,24 48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or (1r), s. 46.03 (29), 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.

SB40, s. 1369 Section 1369. 48.98 (2) (d) of the statutes is amended to read:

SB40,645,5 48.98 (2) (d) The department shall periodically bill the person who filed the bond and the surety under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.

SB40, s. 1370 Section 1370. 48.981 (3) (c) 8. of the statutes is amended to read:

SB40,645,21 48.981 (3) (c) 8. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency conducts. This information shall be used by the The department shall use the information to monitor services provided by county departments or licensed child welfare agencies under contract with county departments or the department. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

SB40, s. 1371 Section 1371. 48.981 (7) (dm) of the statutes is amended to read:

SB40,645,25 48.981 (7) (dm) Notwithstanding par. (a), an agency may enter the content of any report or record maintained by the agency into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40, s. 1372 Section 1372. 48.981 (8) (a) of the statutes is amended to read:

SB40,646,21 48.981 (8) (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 49.165 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

SB40, s. 1373 Section 1373. 48.981 (8) (d) 1. of the statutes is amended to read:

SB40,647,5 48.981 (8) (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 49.165 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB40, s. 1374 Section 1374. 48.982 (2) (g) (intro.) of the statutes is amended to read:

SB40,647,8 48.982 (2) (g) (intro.) In coordination with the departments of health and family services and department and the department of public instruction:

SB40, s. 1375 Section 1375. 48.982 (2e) (c) of the statutes is repealed.

SB40, s. 1376 Section 1376. 48.983 (1) (i) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1377 Section 1377. 48.983 (1) (j) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1378 Section 1378 . 48.983 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,648,7 48.983 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (2) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

SB40, s. 1379 Section 1379. 48.983 (3) (title) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1380 Section 1380. 48.983 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1381 Section 1381. 48.983 (3) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 48.983 (3) and amended to read:

SB40,648,18 48.983 (3) Joint application permitted. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

SB40, s. 1382 Section 1382. 48.984 of the statutes is created to read:

SB40,648,21 48.984 Universal home visitation services. (1) Definitions. In this section:

SB40,648,23 (a) "County department" means a county department of human services or social services under s. 46.215, 46.22, or 46.23.

SB40,648,25 (b) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

SB40,649,1 (c) "Local health department" has the meaning given in s. 250.01 (4).

SB40,649,5 (d) "Local partnership" means any combination of 2 or more county departments, local health departments, Indian tribes, and private nonprofit agencies that have agreed to implement jointly a program of universal home visitation services under this section.

SB40,649,7 (e) "Organization" means a county department, local health department, Indian tribe, private nonprofit agency, or local partnership.

SB40,649,9 (f) "Private nonprofit agency" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

SB40,649,21 (2) Awarding of grants. From the appropriation account under s. 20.437 (2) (ab), the department shall award grants to applying organizations for the provision of the home visitation services specified in sub. (3) (a). The department shall determine the amount of a grant awarded to an organization based on the number of first-time births in the community served by the organization. The department shall provide competitive application procedures for selecting organizations to receive grants under this subsection and shall establish a method for ranking applicants based on the quality of their applications. The department shall require a grant recipient to provide matching funds or in-kind contributions as determined by the department and shall ensure that a grant recipient does not use any grant moneys awarded to supplant any other moneys used by the grant recipient at the time of the awarding of the grant to provide home visitation services.

SB40,650,10 (3) Purposes of grants. (a) Universal home visitation services. An organization that receives a grant under sub. (2) shall use the grant moneys awarded to provide a one-time visit to all first-time parents in the community served by the organization for the purposes of providing those parents with basic information regarding infant health and nutrition, the care, safety, and development of infants, and emergency services for infants and with the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6); identifying the needs of those parents; and providing those parents with referrals to programs, services, and other resources that may meet those needs. An organization may visit a first-time parent only if the parent or, if the parent is a child, his or her parent, guardian, or legal custodian consents to the visit. No person who is required or permitted to report suspected or threatened abuse or neglect under s. 48.981 (2) may make or threaten to make such a report based on a refusal of a person to receive a home visit under this paragraph.

SB40,650,16 (b) Start-up costs and capacity building. In the first year in which a grant under sub. (2) is awarded to an organization, the organization may use a portion of the grant to pay for start-up costs and capacity building related to the provision of home visitation services by the organization. The department shall determine the maximum amount of a grant that an organization may use to pay for those start-up costs and that capacity building.

SB40,650,25 (4) Confidentiality. (a) Nondisclosure of information; exceptions. No person may use or disclose any information concerning an individual who is offered home visitation services under sub. (3) (a), including an individual who declines to receive those services, or concerning an individual who is provided with a referral under sub. (3) (a), including an individual who declines the referral, unless disclosure of the information is required or permitted under s. 48.981 (2), the use or disclosure of the information is connected to the administration of the program under this section, or the individual has given his or her written informed consent to the use or disclosure of the information.

SB40,651,4 (b) Explanation of confidentiality requirements. An organization that receives a grant under sub. (2) shall provide or designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered home visitation services under sub. (3) (a) by the organization.