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 and meets the requirements specified in
s. 48.685, if applicable. In determining whether to issue or continue 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 or, if applicable, shall continue a license under
s. 48.66 (5). 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 continuing 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 previous 2-year 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.
48.685
48.685
Criminal history and child abuse record search. 48.685(1)(a)
(a) "Client" means a child who receives direct care or treatment services from an entity.
48.685(1)(b)
(b) "Entity" means a child welfare agency that is licensed under
s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under
s. 48.62; a group home that is licensed under
s. 48.625; a shelter care facility that is licensed under
s. 938.22; a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14); or a day care provider that is certified under
s. 48.651.
48.685(1)(bg)
(bg) "Foster home" includes a placement for adoption under
s. 48.833 of a child for whom adoption assistance will be provided under
s. 48.975 after the adoption is finalized.
48.685(1)(c)
(c) "Serious crime" has the meaning specified by the department by rule promulgated under
sub. (7) (a).
48.685(1)(d)
(d) "Treatment foster home" includes a placement for adoption under
s. 48.833 of a child for whom adoption assistance will be provided under
s. 48.975 after the adoption is finalized.
48.685(2)(a)(a) Notwithstanding
s. 111.335, and except as provided in
par. (ad) and
sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department may not certify a day care provider under
s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under
s. 48.62 and a school board may not contract with a person under
s. 120.13 (14), if the department, county department, child welfare agency or school board knows or should have known any of the following:
48.685(2)(a)1.
1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a day care center or for initial certification under
s. 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under
s. 120.13 (14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
48.685(2)(a)2.
2. That the person has pending against him or her a charge for a serious crime.
48.685(2)(a)3.
3. That a unit of government or a state agency, as defined in
s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
48.685(2)(a)5.
5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.
48.685(2)(ad)
(ad) The department, a county department or a child welfare agency may license a foster home or treatment foster home under
s. 48.62, a county department may certify a day care provider under
s. 48.651 and a school board may contract with a person under
s. 120.13 (14), conditioned on the receipt of the information specified in
par. (am) indicating that the person is not ineligible to be certified or contracted with for a reason specified in
par. (a) 1. to
5.
48.685(2)(ag)
(ag) Notwithstanding
s. 111.335, and except as provided in
sub. (5), an entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:
Effective date note
NOTE: Par. (ag)(intro.) is amended eff. 10-1-99 by
1997 Wis. Act 27 to read:
Effective date text
(ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who has, or is expected to have, access to its clients, or permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client, if the entity knows or should have known any of the following:
48.685(2)(ag)1.
1. That the person has been convicted of a serious crime or, if the person is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident 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, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
48.685(2)(ag)2.
2. That the person has pending against him or her a charge for a serious crime.
48.685(2)(ag)3.
3. That a unit of government or a state agency, as defined in
s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
48.685(2)(ag)5.
5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.
48.685(2)(am)
(am) Subject to
subd. 5. and
par. (bd), the department, a county department, a child welfare agency or a school board shall obtain all of the following with respect to a person specified under
par. (a) (intro.) and a person specified under
par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity and shall obtain the information specified in
subds. 1. to
5. with respect to a person specified in
par. (ag) (intro.) who is under 18 years of age, but not under 12 years of age, and who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident 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:
48.685 Note
NOTE: Par. (am) (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(2)(am)1.
1. A criminal history search from the records maintained by the department of justice.
48.685(2)(am)3.
3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
48.685(2)(am)4.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
48.685(2)(am)5.
5. Information maintained by the department 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
par. (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
par. (ag) 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.
48.685(2)(b)1.1. Subject to
subds. 1. e. and
2., and
4. [and]
par. (bd), every entity shall obtain all of the following with respect to a person specified under
par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:
48.685 Note
NOTE: Subd. 1. (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed "and" must be added as the result of the treatment by
1997 Wis. Act 281. Corrective legislation is pending.
48.685(2)(b)1.a.
a. A criminal history search from the records maintained by the department of justice.
48.685(2)(b)1.c.
c. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
48.685(2)(b)1.d.
d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
48.685(2)(b)1.e.
e. Information maintained by the department 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
par. (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
par. (ag) 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.
48.685(2)(b)2.
2. Subdivision 1. does not apply with respect to a person with whom the entity contracts or whom the entity employs to perform infrequent or sporadic services, including maintenance services and other services that are not directly related to the care of a client.
48.685(2)(b)4.
4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident 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 and with respect to whom the department, a county department or a school board is required under
par. (am) (intro.) to obtain the information specified in
par. (am) 1. to
5.
48.685(2)(bd)
(bd) Notwithstanding
pars. (am) and
(b) 1., the department, a county department, a child welfare agency or a school board is not required to obtain the information specified in
par. (am) 1. to
5., and an entity is not required to obtain the information specified in
par. (b) 1. a. to
e., with respect to a person under 18 years of age whose background information form under
sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in
par. (ag) 1. to
5. and with respect to whom the department, county department, child welfare agency, school board or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency or a school board from obtaining, at its discretion, the information specified in
par. (am) 1. to
5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
48.685(2)(bg)
(bg) If an entity takes an action specified in
par. (ag) (intro.) with respect to an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under
par. (b) 1. a. to
c. and
e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under
par. (b) 1. a. to
c. and
e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under
par. (b) 1. a. to
c. and
e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in
par. (b) 1. a. to
c. and
e.
48.685(2)(bm)
(bm) If the person who is the subject of the search under
par. (am) or
(b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, school board or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in
par. (am) 1. or
(b) 1. a.
48.685(2)(c)
(c) If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in
par. (ag) 1. to
5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under
par. (am) 1. to
5. or
(b) 1. If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in
par. (ag) 1. to
5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under
par. (am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.
48.685 Note
NOTE: Par. (c) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(3)(a)(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 who are licensed, certified or contracted to operate an entity and for all persons specified in
par. (ag) (intro.) [
sub. (2) (ag) (intro.)] who are nonclient residents of an entity and shall request the information specified in
sub. (2) (am) 1. to
5. for all persons under 18 years of age, but not under 12 years of age, who are employes, contractors or nonclient residents 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.
48.685 Note
NOTE: Par. (a) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language reflects the correct cross-reference. Corrective legislation is pending.
48.685(3)(b)
(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 specified in
sub. (2) (ag) (intro.) who are employes or contractors of the entity other than persons who are under 18 years of age, but not under 12 years of age and who are employes, contractors or nonclient residents 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..
48.685 Note
NOTE: Par. (b) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(3m)
(3m) Notwithstanding
subs. (2) (b) 1. and
(3) (b), if the department, a county department, a child welfare agency or a school board has obtained the information required under
sub. (2) (am) or
(3) (a) with respect to a person specified in
sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in
sub. (2) (b) 1. or
(3) (b) with respect to that person.
48.685(4)
(4) An entity that violates
sub. (2) or
(3) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
48.685(5)(a)(a) 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. (2) (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. (2) (ag) 1. to
5., if the person demonstrates to the department, the county department, the child welfare agency or the school board by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated.
48.685(5)(b)
(b) For purposes other than licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses, and no person who is an applicant for issuance or continuation of a license to operate a day care center or for initial certification under
s. 48.651 or for renewal of that certification, who is proposing to contract with a school board under
s. 120.13 (14) or to renew a contract under that subsection or who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident 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, and who has been convicted of any of the following offenses or adjudicated delinquent on or after his or her 12th birthday for committing any of the following offenses, may be permitted to demonstrate that he or she has been rehabilitated:
48.685(5)(b)4.
4. Second degree sexual assault of a child under
s. 948.02 (2) if the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.
48.685(5)(b)5.
5. Repeated acts of sexual assault of the same child under
s. 948.025 if the child had not attained the age of 13, or if the child had attained the age of 13 and had not attained the age of 16 and the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.
48.685 Note
NOTE: Par. (b) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(5)(bm)
(bm) For purposes of licensing a foster home or treatment foster home, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
48.685(5)(bm)3.
3. A violation of
s. 940.01,
940.02,
940.03,
940.05,
940.06,
940.21,
940.225 (1),
(2) or
(3),
940.23,
940.305,
940.31,
941.20 (2) or
(3),
941.21,
943.10 (2),
943.23 (1g),
(1m) or
(1r) or
943.32 (2).
48.685(5c)(a)(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.
48.685(5c)(b)
(b) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under
ch. 68.
48.685(5c)(c)
(c) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary of public instruction 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.
48.685(5g)
(5g) Beginning on January 1 1999, and annually thereafter, the department shall submit a report to the legislature under
s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate that they have been rehabilitated under
sub. (5) (a), the number of persons who successfully demonstrated that they have been rehabilitated under
sub. (5) (a) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.
48.685(5m)
(5m) Notwithstanding
s. 111.335, the department 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, contract with or permit to reside at the entity a person specified in
sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under
sub. (7) (a), or specified in the list established by rule under
sub. (7) (b), but that is, in the estimation of the department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding
s. 111.335, the department 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, 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 or established or contracted for under
s. 120.13 (14) and a day care provider that is certified under
s. 48.651 may refuse to employ, contract with or permit to reside at the day care center or day care provider a person specified in
sub. (2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that the department has not defined as a "serious crime" by rule promulgated under
sub. (7) (a), or specified in the list established by rule under
sub. (7) (b), but that is, in the estimation of the department, county department, school board, day care center or day care provider substantially related to the care of a client.
48.685 Note
NOTE: Sub. (5m) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.685(6)(a)(a) The department shall require any person who applies for issuance, continuation or renewal of a license to operate an entity, a county department shall require any day care provider who applies for initial certification under
s. 48.651 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.
48.685(6)(am)
(am) Every 4 years an entity shall require all of the following persons to complete a background information form that is provided to the entity by the department:
48.685(6)(am)1.
1. A person who is an employe, prospective employe, contractor or prospective contractor of the entity, who will be under the entity's control and who has, or is expected to have, access to its clients, other than a person specified in
sub. (2) (b) 2.
48.685(6)(am)2.
2. A person who is a resident or prospective resident at the entity and who is not a client or prospective client of the entity, if the person has, or is expected to have, access to any client of the entity.
