48.651(1)(b)
(b) Level II certified family day care providers, as established by the department under
s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers. The department may establish by rule requirements for certification under this paragraph.
48.651(2)(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 is a day care provider certified under this section 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 is a day care provider certified under this section.
48.651(2)(b)1.1. Before initially certifying a Level I certified family day care provider under
sub. (1) (a) or a Level II certified family day care provider under
sub. (1) (b), the county department, with the assistance of the department of justice, shall conduct a background investigation of the certification applicant.
48.651(2)(b)2.
2. The county department, with the assistance of the department of justice, shall conduct a background investigation of any person who, on May 10, 1996, is a day care provider certified under this section or who, on May 10, 1996, has an application for certification pending, within 6 months after May 10, 1996, or on the person's application for renewal, whichever is earlier.
48.651(2)(b)3.
3. Subject to
subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section, or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.
48.651(2)(c)1.1. Before initially certifying a Level I certified family day care provider under
sub. (1) (a) or a Level II certified family day care provider under
sub. (1) (b), 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 of the employes and prospective employes of the certification applicant who have or would have regular contact with a child receiving care from the day care provider and of each adult resident.
48.651(2)(c)2.
2. The county department, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on May 10, 1996, is certified under this section or who, on May 10, 1996, has an application for certification pending, within 6 months after that date or on the person's application for renewal, whichever is earlier, and shall conduct a background investigation of all of the employes and prospective employes of that person who have or would have regular contact with any child receiving care from the day care provider.
48.651(2)(c)3.
3. Subject to
subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving care from the day care provider or of any adult resident of the day care provider.
48.651(2)(c)4.
4. Before a day care provider that is certified under this section may employ any person in a position in which that person would have regular contact with a child receiving care from the day care provider 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.,
2. or
3.
48.651(2)(d)
(d) If the person being investigated under
par. (b) or
(c) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the county department determines that the person's employment, certification 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.
48.651(2)(e)
(e) Upon request, a person being investigated under
par. (b) or
(c) shall provide the county department with all of the following information:
48.651(2)(e)3.
3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.
48.651(2)(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 promulgated under
s. 48.67.
48.651(2)(f)1.1. A county department may not certify a person as a day care provider under this section 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. A county department may certify a person as a day care provider under this section 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. A county department may grant provisional certification pending the receipt of the information required under this subdivision.
48.651(2)(f)2.
2. A day care provider that is certified under this section may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or 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 day care provider. A day care provider that is certified under this section may employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident 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.
48.651(2)(g)
(g) A county department may not certify a person to be a day care provider under this section and a day care provider certified under this section may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident if any of the following applies:
48.651(2)(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.
48.651 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.651(2)(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 person would be subject to a penalty specified in any of those sections if convicted in this state.
48.651(2)(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 county department may certify a person to be a day care provider under this section and a day care provider certified under this section may employ 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.
48.651(2)(i)
(i) A county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the county department may disclose any information obtained under this subsection to any other county department conducting an investigation under this subsection. Such information is not subject to inspection or copying under
s. 19.35.
48.651(2)(j)
(j) A 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.
48.653
48.653
Information for day care providers. The department shall provide each day care center licensed under
s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day care providers. Each county agency shall provide each day care provider that it certifies with a copy of the brochure.
48.653 History
History: 1983 a. 193.
48.655
48.655
Parental access. A day care provider that holds a license under
s. 48.65, that is certified under
s. 48.651, that holds a probationary license under
s. 48.69 or that is established or contracted for under
s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider's hours of operation, unless the visit or observation is contrary to an existing court order.
48.655 History
History: 1991 a. 275;
1993 a. 16.
48.656
48.656
Parent's right to know. Every parent, guardian or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 and that provides care and supervision for 9 or more children has the right to know certain information about the day care center that would aid the parent, guardian or legal custodian in assessing the quality of care and supervision provided by the day care center.
48.656 History
History: 1991 a. 275;
1993 a. 213,
375.
48.657
48.657
Day care center reports. 48.657(1)
(1) The department shall provide each day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 and that provides care and supervision for 9 or more children with an annual report that includes the following information:
48.657(1)(a)
(a) Violations of statutes, rules promulgated by the department under
s. 48.67 or provisions of licensure under
s. 48.70 (1) by the day care center. In providing information under this paragraph, the department may not disclose the identity of any employe of the day care center.
48.657(1)(b)
(b) A telephone number at the department that a person may call to complain of any alleged violation of a statute, rule promulgated by the department under
s. 48.67 or provision of licensure under
s. 48.70 (1) by the day care center.
48.657(1)(c)
(c) The results of the most recent inspection of the day care center under
s. 48.73.
48.657(2)
(2) A day care center shall post the report under
sub. (1) next to the day care center's license or probationary license in a place where the report and the inspection results can be seen by parents, guardians or legal custodians during the day care center's hours of operation.
48.657(2g)
(2g) If the report under
sub. (1) indicates that the day care center is in violation of a statute, a rule promulgated by the department under
s. 48.67 or a provision of licensure under
s. 48.70 (1), the day care center shall post with the report any notices received from the department relating to that violation.
48.657(2r)
(2r) Each day care center that receives a report under
sub. (1) shall make available to a parent, guardian or legal custodian of a child who is receiving, or who is a prospective recipient of, care and supervision from the day care center the reports under
sub. (1) from the previous 2 years and any notices received from the department relating to any violations identified in those reports. In providing information under this subsection, a day care center may withhold any information that would disclose the identity of an employe of the day care center.
48.657(3)
(3) The department may require a day care center to provide to the department any information that is necessary for the department to prepare the report under
sub. (1).
48.657 History
History: 1991 a. 275;
1993 a. 16,
375.
LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP HOMES, DAY CARE CENTERS AND COUNTY DEPARTMENTS
48.66
48.66
Licensing duties of the department. 48.66(1)
(1) The department shall license and supervise child welfare agencies, as required by
s. 48.60, group homes, as required by
s. 48.625, shelter care facilities, as required by
s. 48.48 and day care centers, as required by
s. 48.65. The department may license foster homes or treatment foster homes, as provided by
s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in
ss. 48.67 to
48.74. The department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in
s. 938.02 (15g), for holding in secure custody children who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.34 (4d),
(4h) or
(4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children.
48.66(2)
(2) The department shall prescribe application forms to be used by all applicants for licenses from it.
48.66(3)
(3) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
48.66(4)
(4) Child welfare agencies and group homes shall report upon application for renewal of licensure all formal complaints regarding their operation filed under
s. 48.745 (2) and the disposition of each.
48.66(5)
(5) Licenses issued by the department under
sub. (1) may be for any term not to exceed 2 years from the date of issuance. No license is transferable.
48.67
48.67
Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of education before promulgating these rules.
48.675
48.675
Foster care education program. 48.675(1)
(1)
Development of program. The department shall develop a foster care education program to provide specialized training for persons operating family foster homes or treatment foster homes. Participation in the program shall be voluntary and shall be limited to persons operating foster homes or treatment foster homes licensed under
s. 48.62 and caring for children with special treatment needs.
48.675(2)
(2) Approval of programs. The department shall promulgate rules for approval of programs to meet the requirements of this section. Such programs may include, but need not be limited to: in-service training; workshops and seminars developed by the department or by county departments; seminars and courses offered through public or private education agencies; and workshops, seminars and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents and treatment foster parents. The department may approve programs under this subsection only after consideration of relevant factors including level of education, useful or necessary skills, location and other criteria as determined by the department.
48.675(3)
(3) Support services. The department shall provide funds from the appropriations under
s. 20.435 [(3) (ho) and] (6) (a) to enable foster parents and treatment foster parents to attend education programs approved under
sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:
48.675 Note
NOTE: The bracketed language indicates a cross-reference to a provision which was repealed by
1995 Wis. Act 27. Corrective legislation is pending.
48.675(3)(a)
(a) Care of residents of the foster home or treatment foster home during the time of participation in an education program.
48.675(3)(b)
(b) Transportation to and from an education program.
48.675(3)(d)
(d) Specialized workshops, seminars, and courses pertaining to behavioral and developmental disabilities.
48.68
48.68
Investigation of applicant; issuing of license. 48.68(1)(1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under
s. 48.67. In determining whether to issue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under
s. 48.615 (1) (a) or
(b),
48.625 (2) (a),
48.65 (3) (a) or
938.22 (7) (b), the department shall issue a license under
s. 48.66 (1) or, if applicable, a probationary license under
s. 48.69. At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in
s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.
48.68(2)
(2) Before renewing the license of any child welfare agency or group home, the department shall consider all formal complaints filed under
s. 48.745 (2) and the disposition of each during the current license period.
48.68(3)
(3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency or group home, the department shall notify the city, town or village planning commission, or other appropriate city, town or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards which may affect the health and safety of the residents of the child welfare agency or group home. No license may be issued to a child welfare agency or group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency.
48.68(4)
(4) Prior to initial licensure of a residential facility operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential facility or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential facility or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential facility or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.
48.69
48.69
Probationary licenses. If any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under
s. 48.66 (1) 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, 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, group home or day care center holding the probationary license and, if the child welfare agency, shelter care facility, 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 probationary license issued under this section may be renewed for one 6-month period.
48.70
48.70
Provisions of licenses. 48.70(1)
(1)
General. Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their age and sex and such additional information and special conditions as the department may prescribe.
48.70(2)
(2) Special provisions for child welfare agency licenses. A license to a child welfare agency shall also specify the kind of child welfare work the agency is authorized to undertake, whether the agency may accept guardianship of children, whether the agency may place children in foster homes or treatment foster homes, and if so, the area the agency is equipped to serve.
48.70(4)
(4) Special provisions for county departments. Licenses to county departments shall specify whether the county department may accept guardianship of children and place children for adoption.
48.715
48.715
Sanctions and penalties. 48.715(1)
(1) In this section, "licensee" means a person who holds a license under
s. 48.66 (1) or a probationary license under
s. 48.69 to operate a child welfare agency, shelter care facility, group home or day care center.
48.715(2)
(2) If the department provides written notice of the grounds for a sanction, an explanation of the types of sanctions that may be imposed under this subsection and an explanation of the process for appealing a sanction imposed under this subsection, the department may order any of the following sanctions:
48.715(2)(a)
(a) That a person stop operating a child welfare agency, shelter care facility, group home or day care center if the child welfare agency, shelter care facility, group home or day care center is without a license in violation of
s. 48.66 (1) or a probationary license in violation of
s. 48.69.
48.715(2)(b)
(b) That a person who employs a person who has had a license under
s. 48.66 (1) or a probationary license under
s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.
48.715(2)(c)
(c) That a licensee stop violating any provision of licensure under
s. 48.70 (1) or rules promulgated by the department under
s. 48.67.
48.715(2)(d)
(d) That a licensee submit a plan of correction for violation of any provision of licensure under
s. 48.70 (1) or rule promulgated by the department under
s. 48.67.
48.715(2)(e)
(e) That a licensee implement and comply with a plan of correction provided by the department or previously submitted by the licensee and approved by the department.
48.715(2)(f)
(f) That a licensee close the intake of any new children until all violations of the provisions of licensure under
s. 48.70 (1) and the rules promulgated by the department under
s. 48.67 are corrected.
48.715(2)(g)
(g) That a licensee provide training for the licensee's staff members as specified by the department.
