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.
48.685(6)(b)
(b) For persons specified under
par. (a) who are licensed by the department, for persons specified in
par. (am) 1. who are under 18 years of age, but not under 12 years of age, and who are employes, prospective employes, contractors or prospective contractors 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, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department. For persons specified under
par. (a) who are licensed or certified by a county department, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed or certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department. For persons specified under
par. (a) who are licensed by a child welfare agency, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency. For persons specified under
par. (a) who are contracted with by a school board, for persons specified in
par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For all other persons specified under
par. (am) 1., the entity shall maintain the background information form on file for inspection by the department, county department, child welfare agency or school board, whichever is applicable.
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(6)(c)
(c) A person who provides false information on a background information form required under this subsection 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(7)
(7) The department shall do all of the following:
48.685(7)(a)
(a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client. The definition shall also include those offenses specified in
sub. (5) (b) 1. to
5. and
(bm) 1. to
4. and classes of crimes or acts involving misappropriation of the property of a client or abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under
sub. (5) (a) that he or she has been rehabilitated.
48.685(7)(b)
(b) Establish by rule a list of crimes or acts that are not included in the definition established under
par. (a), that are substantially related to the care of clients and the commission of which warrants a less stringent measure than a bar on employment, residence or similar type of association with an entity. The rule shall be consistent with federal law and regulations and shall include a description of the measures to be taken for the crimes or acts that the department lists under this paragraph.
48.685(7)(c)
(c) Conduct throughout the state periodic training sessions that cover criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.
48.685(7)(d)
(d) Provide a background information form that requires the person completing the form to include his or her date of birth on the form.
48.685(8)
(8) The department, 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). 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.
48.685 History
History: 1997 a. 27,
237,
281; s. 13.93 (2) (c).
48.69
48.69
Probationary licenses. Except as provided under
s. 48.715 (6) and
(7), 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, except as provided under
s. 48.715 (6) and
(7), 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.
48.715(3)
(3) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under
s. 48.70 (1) or rule promulgated by the department under
s. 48.67 or who fails to comply with an order issued under
sub. (2) by the time specified in the order:
48.715(3)(a)
(a) A daily forfeiture amount per violation of not less than $10 nor more than $1,000. All of the following apply to a forfeiture under this paragraph:
48.715(3)(a)1.
1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under
sub. (2).
48.715(3)(a)2.
2. The department may directly assess a forfeiture imposed under this paragraph by specifying the amount of that forfeiture in the notice provided under this subsection.
48.715(3)(a)3.
3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under
s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under
ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer for deposit in the school fund.
48.715(3)(a)4.
4. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph that has not been paid as provided in
subd. 3. The only contestable issue in an action under this subdivision is whether or not the forfeiture has been paid.
48.715(3)(b)
(b) Suspension of the licensee's license for not more than 2 weeks.
48.715(3)(c)
(c) Refusal to continue a license or a probationary license.
48.715(3)(d)
(d) Revocation of a license or a probationary license as provided in
sub. (4).
48.715(4)
(4) If the department provides written notice of revocation and the grounds for revocation as provided in
sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under
s. 48.66 (1) or a probationary license issued under
s. 48.69 for any of the following reasons:
48.715(4)(a)
(a) The department has imposed a penalty on the licensee under
sub. (3) and the licensee or a person under the supervision of the licensee either continues to violate or resumes violation of a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section forming any part of the basis for the penalty.
48.715(4)(b)
(b) The licensee or a person under the supervision of the licensee has committed a substantial violation, as determined by the department, of a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section.
48.715(4)(c)
(c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, group home or day care center that directly threatens the health, safety or welfare of any child under the care of the licensee.
48.715(4)(d)
(d) The licensee or a person under the supervision of the licensee has violated, as determined by the department, a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section that is the same as or similar to a rule promulgated under
s. 48.67, a provision of licensure under
s. 48.70 (1) or an order under this section that the licensee or a person under the supervision of the licensee has violated previously.
48.715(4)(e)
(e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under
s. 48.66 (5).
48.715(4m)(a)(a) For a revocation under
sub. (4) (a) or
(d), the department shall provide to the licensee written notice of the revocation and the grounds for revocation not less than 30 days before the date of the revocation. The revocation will take effect only if the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period.
48.715(4m)(b)
(b) For revocations under
sub. (4) (b),
(c) or
(e), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation.
48.715(5)
(5) The department may deny a license under
s. 48.66 (1) or a probationary license under
s. 48.69 to any 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.
48.715(6)
(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) 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) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857. Notwithstanding
s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under
s. 49.857 and not as provided in
s. 48.72.
48.715(7)
(7) The department shall deny an application for the issuance or continuation of a license under
s. 48.66 (1) or a probationary license under
s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under
s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under
s. 73.0301 (5) and not as provided in
s. 48.72.
48.72
48.72
Appeal procedure. Except as provided in
s. 48.715 (6) and
(7), any person aggrieved by the department's refusal or failure to issue, renew or continue a license or by any action taken by the department under
s. 48.715 has the right to an administrative hearing provided for contested cases in
ch. 227. To receive an administrative hearing under
ch. 227, the aggrieved person shall send to the department a written request for a hearing under
s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew or continue a license or the department's action taken under
s. 48.715. The department shall hold an administrative hearing under
s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in
ch. 227.
48.73
48.73
Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, group home and day care center licensed by it, and for such purpose shall be given unrestricted access to the premises described in the license.
48.73 History
History: 1979 c. 300;
1993 a. 446.
48.735
48.735
Immunization requirements; day care centers. The department, after notice to a day care center licensee, may suspend, revoke or refuse to continue a day care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of
s. 252.04.
48.737
48.737
Lead screening, inspection and reduction requirements; day care centers. The department, after notice to a day care provider certified under
s. 48.651, or a day care center that holds a license under
s. 48.65 or a probationary license under
s. 48.69, may suspend, revoke or refuse to renew or continue a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under
s. 254.162,
254.168 or
254.172.
48.737 History
History: 1993 a. 450,
491;
1997 a. 27.
48.74
48.74
Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of
ss. 48.60,
48.62,
48.625 or
48.65, it shall make an investigation to determine the facts. For the purposes of this investigation, it shall have authority to inspect the premises where the violation is alleged to occur. If it finds that the person is violating any of the specified sections, it may either issue a license if the person is qualified or may institute a prosecution under
s. 48.76.
48.74 History
History: 1979 c. 300.
48.745
48.745
Formal complaints regarding child welfare agencies and group homes. 48.745(1)
(1) If a complaint is received by a child welfare agency or group home, the licensee shall attempt to resolve the complaint informally. Failing such resolution, the licensee shall inform the complaining party of the procedure for filing a formal complaint under this section.
48.745(2)
(2) Any individual may file a formal complaint under this section regarding the general operation of a child welfare agency or group home and shall not be subject to reprisals for doing so. All formal complaints regarding child welfare agencies and group homes shall be filed with the county department on forms supplied by the county department unless the county department designates the department to receive formal complaints. The county department shall investigate or cause to be investigated each formal complaint. Records of the results of each investigation and the disposition of each formal complaint shall be kept by the county department and filed with the subunit of the department which licenses child welfare agencies and group homes.
48.745(3)
(3) Upon receipt of a formal complaint, the county department may investigate the premises and records and question the licensee, staff and residents of the child welfare agency or group home involved. The county department shall attempt to resolve the situation through negotiation and other appropriate means.
48.745(4)
(4) If no resolution is reached, the county department shall forward the formal complaint, results of the investigation and any other pertinent information to the unit within the department which is empowered to take further action under this chapter against the facility. The unit shall review the complaint and may conduct further investigation, take enforcement action under this chapter or dismiss the complaint. The department shall notify the complainant in writing of the final disposition of the complaint and the reasons therefor. If the complaint is dismissed, the complainant is entitled to an administrative hearing conducted by the department to determine the reasonableness of the dismissal.
48.745(5)
(5) If the county department designates the department to receive formal complaints, the subunit under
s. 46.03 (22) (c) shall receive the complaints and the department shall have all the powers and duties granted to the county department in this section.
48.75
48.75
Foster homes and treatment foster homes licensed by public licensing agencies and by child welfare agencies.
48.75(1b)
(1b) In this section, "public licensing agency" means a county department or, in a county having a population of 500,000 or more, the department.
48.75(1d)
(1d) Child welfare agencies, if licensed to do so by the department, and public licensing agencies may license foster homes and treatment foster homes under the rules promulgated by the department under
s. 48.67 governing the licensing of foster homes and treatment foster homes. A foster home or treatment foster home license shall be issued for a term not to exceed 2 years from the date of issuance, is not transferable and may be revoked by the child welfare agency or by the public licensing agency because the licensee has substantially and intentionally violated any provision of this chapter or of the rules of the department promulgated pursuant to
s. 48.67 or because the licensee fails to meet the minimum requirements for a license. The licensee shall be given written notice of any revocation and the grounds therefor.
48.75(1g)(a)(a) A public licensing agency may license a foster home only if the foster home is located in the county of the public licensing agency, except that a public licensing agency may license a foster home located in another county if any of the following applies:
48.75(1g)(a)1.
1. The person who will be licensed to operate the foster home is a relative, as defined in
s. 48.02 (15) or as specified in
s. 49.19 (1) (a) 2. a., or a guardian of the child who will be placed in the foster home.
