Effective date note
NOTE: Par. (e) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 289 to read:
Effective date text
(e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.
48.57(3p)(a)(a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under
sub. (3m) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under
sub. (3m).
48.57(3p)(b)1.1. After receipt of an application for payments under
sub. (3m), the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.
48.57(3p)(b)2.
2. The county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under
sub. (3m) at the time of review under
sub. (3m) (d) or at any other time that the county department considers to be appropriate.
48.57(3p)(c)1.1. After receipt of an application for payments under
sub. (3m), the county department, with the assistance of the department of justice, shall, in addition to the investigation under
par. (b), conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.
48.57(3p)(c)2.
2. The county department, with the assistance of the department of justice, may conduct a background investigation of any of the employes or prospective employes of any person who is receiving payments under
sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under
sub. (3m) (d) or at any other time that the county department considers to be appropriate.
48.57(3p)(c)3.
3. Before a person that is receiving payments under
sub. (3m) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under
subd. 1. or
2.
48.57(3p)(d)
(d) If the person being investigated under
par. (b) or
(c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
48.57(3p)(e)
(e) Upon request, a person being investigated under
par. (b) or
(c) shall provide the county department with all of the following information:
48.57(3p)(e)3.
3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.
48.57(3p)(e)4.
4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule.
48.57(3p)(fm)1.1. The county department may provisionally approve the making of payments under
sub. (3m) based on the applicant's statement under
sub. (3m) (am) 4m. The county department may not finally approve the making of payments under
sub. (3m) unless that county department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. The department of industry, labor and job development may make payments under
sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3.
48.57(3p)(fm)2.
2. A person receiving payments under
sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under
sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. and the county department so advises the department and the person receiving payments under
sub. (3m). A person receiving payments under
sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3.
48.57(3p)(g)
(g) The department may not make payments to a person applying for payments under
sub. (3m) and a person receiving payments under
sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
Effective date note
NOTE: Par. (g) (intro.) is amended eff. 7-1-97 by
1995 Wis. Act 289, s.
71f, to read as shown below. The bracketed language was deleted from the creation of this provision by the governor's partial veto of
1995 Wis. Act 289, s.
71d. Section 71f shows the bracketed language as if it had been enacted by s. 71d.
Effective date text
(g) [Subject to par. (h),] the county department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
48.57(3p)(g)1.
1. The person has been convicted of a violation of
ch. 161 [ch.
961] that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of
ch. 161 [ch.
961] that is punishable as a felony if committed in this state.
48.57 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.57(3p)(g)2.
2. The person has had imposed on him or her a penalty specified in
s. 939.62,
939.621,
939.63,
939.64,
939.641 or
939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.
48.57(3p)(g)3.
3. The person has been convicted of a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, or of a violation of the law of any other state or federal law that would be a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, if committed in this state, except that the department may make payments to a person applying for payments under
sub. (3m) and a person receiving payments under
sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of
s. 944.30,
944.31 or
944.33 or of a violation of the law of any other state or federal law that would be a violation of
s. 944.30,
944.31 or
944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.
48.57(3p)(i)
(i) The county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under
s. 19.35.
48.57(3p)(j)
(j) The county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.57(3t)
(3t) Notwithstanding
subs. (3m) and
(3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe to allow that governing body to administer the program under
subs. (3m) and
(3p) within the boundaries of that reservation.
48.57 History
History: 1977 c. 29;
1977 c. 83 s.
26;
1977 c. 271,
354,
418,
447,
449;
1979 c. 34,
221;
1981 c. 329;
1983 a. 189 s.
329 (17);
1983 a. 447;
1985 a. 176;
1987 a. 339;
1993 a. 385,
395,
446,
491;
1995 a. 27 ss.
2575 to
2579m,
9126 (19);
1995 a. 77,
289,
443.
48.57 Annotation
This section does not authorize the department to place children in a detention home temporarily while permanent placement is sought. State ex rel. Harris v. Larson, 64 W (2d) 521, 219 NW (2d) 335.
48.57 Annotation
County agencies providing child welfare services do not have authority under (1) or 48.52 to lease real property for foster home use. 65 Atty. Gen. 93.
48.58
48.58
County children's home in populous counties. 48.58(1)(1) Any existing county children's home in counties with a population of 500,000 or more may do any of the following:
48.58(1)(b)
(b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department, if the delinquent juveniles are placed in separate facilities;
48.58(1)(c)
(c) Provide temporary shelter care for children in need of protection or services and delinquent juveniles; provided that the delinquent juveniles are placed in separate facilities.
48.59
48.59
Examination and records. 48.59(1)
(1) The county department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under
s. 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department.
48.59(2)
(2) At the department's request, the county department shall report to the department regarding children in the legal custody or under the supervision of the county department.
48.59 Annotation
See note to 19.21, citing 70 Atty. Gen. 196.
CHILD WELFARE AGENCIES
48.599
48.599
Definitions. In this subchapter:
48.599(1)
(1) "Physical restraint" includes all of the following:
48.599(1)(b)
(b) A device or garment that interferes with a child's freedom of movement and that the child is unable to remove easily.
48.599(1)(c)
(c) Restraint by a child welfare agency staff member of a child by use of physical force.
48.599(2)
(2) "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
48.599 History
History: 1989 a. 336.
48.60
48.60
Child welfare agencies licensed. 48.60(1)
(1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under
s. 48.67 and pay the applicable license fee under
s. 48.615 (1) (a) or
(b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
48.60(2)
(2) This section does not include:
48.60(2)(a)
(a) A relative or guardian who provides care and maintenance for such children;
48.60(2)(b)
(b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation;
48.60(2)(d)
(d) A hospital, maternity hospital, maternity home, nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;
48.60(2)(e)
(e) A licensed foster home or a licensed treatment foster home.
48.60(2)(f)
(f) Institutions for mentally deficient children, which institutions have a full-time child population of not less than 150 children and which are subject to examination as provided in
s. 46.03 (5).
48.60(3)
(3) Before issuing any license to a child welfare agency under this section, the department of health and family services shall review the need for the additional placement resources that would be made available by the licensing or relicensing of any child welfare agency after August 5, 1973, providing care authorized under
s. 48.61 (3). Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.
48.60(4)(a)(a) In this subsection, "child with exceptional educational needs" has the meaning given in
s. 115.76 (3).
48.60(4)(b)
(b) Notwithstanding
ss. 115.85 (2),
121.78 (3) (a) and
121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing education and related services to a child with exceptional educational needs who is a resident of the child welfare agency, if the child was placed in the child welfare agency pursuant to the interstate compact on the placement of children under
s. 48.988.
48.60(5)(a)(a) No later than 24 hours after the death of a child who resided in a building operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:
48.60(5)(a)1.
1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication for the child.
48.60(5)(a)3.
3. There is reasonable cause to believe that the death was a suicide.
48.60(5)(c)
(c) No later than 14 days after the date of the death reported under
par. (a), the department shall investigate the death.
48.61
48.61
Powers and duties of child welfare agencies. A child welfare agency shall have authority:
48.61(1)
(1) To accept legal or physical custody of children transferred to it by the court under
s. 48.355;
48.61(2)
(2) To contract with any parent or guardian or other person for the supervision or care and maintenance of any child;
48.61(3)
(3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes and licensed group homes;
48.61(4)
(4) To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents;
48.61(5)
(5) If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption;
48.61(7)
(7) To license foster homes or treatment foster homes in accordance with
s. 48.75 if licensed to do so.
48.615
48.615
Child welfare agency licensing fees. 48.615(1)(a)(a) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $100, plus a biennial fee of $15 per child, based on the number of children that the child welfare agency is licensed to serve.
48.615(1)(b)
(b) Before the department may issue a license under
s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $210.
48.615(1)(c)
(c) A child welfare agency that wishes to renew a license issued under
s. 48.60 (1) shall pay the applicable fee under
par. (a) or
(b) by the renewal date of the license.
48.615(1)(d)
(d) A new child welfare agency shall pay the applicable fee under
par. (a) or
(b) no later than 30 days before the opening of the child welfare agency.
