48.685(2)(bb)
(bb) If information obtained under
par. (am) or
(b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under
sub. (6) (a) or
(am) indicates a charge or a conviction of a serious crime, but information obtained under
par. (am) or
(b) 1. does not indicate such a charge or conviction, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under
par. (am) or
(b) 1., a background information form under
sub. (6) (a) or
(am) or any other information indicates a conviction of a violation of
s. 940.19 (1),
940.195,
940.20,
941.30,
942.08,
947.01 or
947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
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
sub. (4m) (b) 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 employs or contracts with a caregiver for whom, within the last 4 years, the information required under
par. (b) 1. a. to
c. and
e. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under
par. (b) 1. a. to
c. and
e. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity 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, or if the department, county department, child welfare agency, school board or entity determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, school board or entity shall make a good faith effort to obtain from any state or other United States jurisdiction 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. The department, county department, child welfare agency, school board or entity may require the person to be 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 arrests and convictions.
48.685(2)(d)
(d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver under
par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.
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, for all persons who are nonclient residents of an entity and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (4) or of a day care provider that is certified under
s. 48.651.
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 who are caregivers of the entity other than persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a day care provider that is certified under
s. 48.651.
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 who is a caregiver specified in
sub. (1) (ag) 1. b. and that person is also an employee, 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),
(3) or
(4m) (b) 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(4m)(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(4m)(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(4m)(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(4m)(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(4m)(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
sub. (2) (am) indicating that the person is not ineligible to be licensed, certified or contracted with for a reason specified in
par. (a) 1. to
5.
48.685(4m)(b)
(b) Notwithstanding
s. 111.335, and except as provided in
sub. (5), an entity may not employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the entity knows or should have known any of the following:
48.685(4m)(b)1.
1. That the person has been convicted of a serious crime or, if the person is t a caregiver or 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(4m)(b)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(4m)(b)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(4m)(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. (b) 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
sub. (2) (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. (b) 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
sub. (2) (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(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. (4m) (a) 1. to
5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in
sub. (4m) (b) 1. to
5., if the person demonstrates to the department, the county department, the child welfare agency or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under
sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.
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 state superintendent of public instruction or his or her designee. Any person who is adversely affected by a decision of the state superintendent or his or her designee under this paragraph has a right to a contested case hearing under
ch. 227.
48.685(5d)(a)(a) Any tribe that chooses to conduct rehabilitation reviews under
sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following:
48.685(5d)(a)1.
1. The criteria to be used to determine if a person has been rehabilitated.
48.685(5d)(a)2.
2. The title of the person or body designated by the tribe to whom a request for review must be made.
48.685(5d)(a)3.
3. The title of the person or body designated by the tribe to determine whether a person has been rehabilitated.
48.685(5d)(a)3m.
3m. The title of the person or body, designated by the tribe, to whom a person may appeal an adverse decision made by the person specified under
subd. 3. and whether the tribe provides any further rights to appeal.
48.685(5d)(a)4.
4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under
sub. (5g).
48.685(5d)(a)5.
5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation.
48.685(5d)(b)
(b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision. A final decision under this paragraph is not subject to further review 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 or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county 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 or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, 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(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 its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department.
48.685(6)(b)1.1. For caregivers who are licensed by the department, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a day care provider that is certified under
s. 48.651, for persons who are 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.
48.685(6)(b)2.
2. For caregivers who are licensed or certified by a county department, for persons who are 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.
48.685(6)(b)3.
3. For caregivers who are licensed by a child welfare agency, for persons who are 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.
48.685(6)(b)4.
4. For caregivers who are contracted with by a school board, for persons who are 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.
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)(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) or for providing information to an entity to enable the entity to comply with
sub. (2) (b) 1. or
(3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in
s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.
48.685 History
History: 1997 a. 27,
237,
281;
1999 a. 9,
32,
56,
185,
186.
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) (a) 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). 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) (a) 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) (a) 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) (a) 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 employee.
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) (a) 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.
