48.57(3p)(c)1.1. After receipt of an application for payments under
sub. (3m) or
(3n) or
s. 48.62 (5) (a) or
(b), the county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, shall, in addition to the investigation under
par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.
48.57(3p)(c)2.
2. The county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under
sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under
sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.
48.57(3p)(c)2m.
2m. The county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under
sub. (3n) or
s. 48.62 (5) (a) or
(b) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department considers to be appropriate.
48.57(3p)(c)3.
3. Before a person who is receiving payments under
sub. (3m) or
(3n) or
s. 48.62 (5) (a) or
(b) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under
subd. 1.,
2. or
2m.
48.57(3p)(d)
(d) If the person being investigated under
par. (b) or
(c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department shall 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 arrest and conviction.
48.57(3p)(e)
(e) Upon request, a person being investigated under
par. (b) or
(c) shall provide the county department or, in a county having a population of 500,000 or more, the department with all of the following information:
48.57(3p)(e)3.
3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.
48.57(3p)(e)4.
4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule.
48.57(3p)(fm)1.1. The county department or, in a county having a population of 500,000 or more, the department may provisionally approve the making of payments under
sub. (3m) based on the applicant's statement under
sub. (3m) (am) 4m. The county department or department may not finally approve the making of payments under
sub. (3m) unless the county department or department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. or payment is approved under
par. (h) 4. The county department or department may make payments under
sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3.
48.57(3p)(fm)1m.
1m. The county department or, in a county having a population of 500,000 or more, the department may not enter into the agreement under
sub. (3n) (am) 6. or make payments under
s. 48.62 (5) (a) or
(b) unless the county department or department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the applicant's ability to care for the child. The county department or, in a county having a population of 500,000 or more, the department may make payments under
sub. (3n) or
s. 48.62 (5) (a) or
(b) 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 because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the applicant's ability to care for the child.
48.57(3p)(fm)2.
2. A person receiving payments under
sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under
sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the 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 or, in a county having a population of 500,000 or more, the department so advises the person receiving payments under
sub. (3m) or until a decision is made under
par. (h) 4. to permit a person who is receiving payments under
sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 500,000 or more, the department so advises the person receiving payments under
sub. (3m). A person receiving payments under
sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3.
48.57(3p)(fm)2m.
2m. A person receiving payments under
sub. (3n) or
s. 48.62 (5) (a) or
(b) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under
sub. (3n) or
s. 48.62 (5) (a) or
(b) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department receives information from the department of justice relating to the person's conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the ability of the person receiving payments to care for the child and the county department or department so advises the person receiving payments under
sub. (3n) or
s. 48.62 (5) (a) or
(b). A person receiving payments under
sub. (3n) or
s. 48.62 (5) (a) or
(b) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child.
48.57(3p)(g)
(g) Except as provided in
par. (h), the county department or, in a county having a population of 500,000 or more, the department may not make payments to a person applying for payments under
sub. (3m) and a person receiving payments under
sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:
48.57(3p)(g)1.
1. The person has been convicted of a violation of
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. 961 that is punishable as a felony if committed in this state.
48.57(3p)(g)2.
2. The person has had imposed on him or her a penalty specified in s.
939.64, 1999 stats., or s.
939.641, 1999 stats., or
s. 939.62,
939.621,
939.63 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.
48.57(3p)(g)3.
3. The person has been convicted of a violation of
ch. 940,
944, or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63, or
948.70, or of a violation of the law of any other state or federal law that would be a violation of
ch. 940,
944, or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63, or
948.70, if committed in this state, except that a county department or, in a county having a population of 500,000 or more, the department may make payments to a person applying for payments under
sub. (3m) and a person receiving payments under
sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of
s. 944.30,
944.31, or
944.33 or of a violation of the law of any other state or federal law that would be a violation of
s. 944.30,
944.31, or
944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.
48.57(3p)(h)1.1. A person who is denied payments under
sub. (3m) for a reason specified in
par. (g) 1.,
2. or
3. or a person who is prohibited from employing a person in a position in which that person would have regular contact with the child for whom payments under
sub. (3m) are being made from permitting a person to be an adult resident for a reason specified in
par. (g) 1.,
2. or
3. may request that the denial of payments or the prohibition on employment or being an adult resident be reviewed.
48.57(3p)(h)2.
2. The request for review shall be filed with the director of the county department or, in a county having a population of 500,000 or more, with the person designated by the secretary to receive requests for review filed under this subdivision. If the governing body of an Indian tribe has entered into an agreement under
sub. (3t) to administer the program under this subsection and
sub. (3m), the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision.
48.57(3p)(h)3.
3. The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 500,000 or more, the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:
48.57(3p)(h)3.a.
a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.
48.57(3p)(h)3.b.
b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative to care for the child.
48.57(3p)(h)3.c.
c. Whether making an exception to the denial or prohibition would be in the best interests of the child.
48.57(3p)(h)4.
4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 500,000 or more, the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under
sub. (3m) or may permit a person receiving payments under
sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.
48.57(3p)(h)5.
5. A decision under this paragraph is not subject to review under
ch. 227.
48.57(3p)(hm)
(hm) A county department or, in a county having a population of 500,000 or more, the department may not make payments to a person under
sub. (3n) or
s. 48.62 (5) (a) or
(b) and a person receiving payments under
sub. (3n) or
s. 48.62 (5) (a) or
(b) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person's ability to care for the child.
48.57(3p)(i)
(i) A county department and, in a county having a population of 500,000 or more, the department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under
s. 19.35.
48.57(3p)(j)
(j) A county department or, in a county having a population of 500,000 or more, the department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.57(3t)
(3t) Notwithstanding
subs. (3m),
(3n), and
(3p), the department may enter into an agreement with the governing body of an Indian tribe to allow that governing body to administer the program under
subs. (3m),
(3n), and
(3p) within the boundaries of the reservation of the Indian tribe. Any agreement under this subsection relating to the administration of the program under
sub. (3m) shall specify the person with whom a request for review under
sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under
sub. (3p) (h) 3. and make the determination under
sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under
sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.
48.57 History
History: 1977 c. 29;
1977 c. 83 s.
26;
1977 c. 271,
354,
418,
447,
449;
1979 c. 34,
221;
1981 c. 329;
1983 a. 189 s.
329 (17);
1983 a. 447;
1985 a. 176;
1987 a. 339;
1993 a. 385,
395,
446,
491;
1995 a. 27 ss.
2575 to
2579m,
9126 (19);
1995 a. 77,
289,
443;
1997 a. 3,
27,
35,
36,
41,
105,
237,
252,
292;
1999 a. 9,
103,
133,
162;
2001 a. 16 ss.
1629,
4036-
4038,
4040,
4042,
4043;
2001 a. 38,
59,
69,
109;
2005 a. 25,
232,
293;
2007 a. 20;
2009 a. 28,
71,
94,
180; s. 13.92 (2) (i).
48.57 Annotation
This section does not authorize the department to place children in a detention home temporarily while permanent placement is sought. State ex rel. Harris v. Larson,
64 Wis. 2d 521,
219 N.W.2d 335 (1974).
48.57 Annotation
County agencies providing child welfare services do not have authority under sub. (1) or s. 48.52 to lease real property for foster home use. 65 Atty. Gen. 93.
48.576
48.576
Shelter care facilities; general supervision and inspection by department. 48.576(1)
(1)
Generally. The department shall investigate and supervise all shelter care facilities and familiarize itself with all the circumstances affecting their management and usefulness.
48.576(2)
(2) Inspections. The department shall inquire into the methods of treatment, instruction, government, and management of children placed in shelter care facilities; the conduct of the trustees, managers, directors, superintendents, and other officers and employees of those facilities; the condition of the buildings, grounds, and all other property pertaining to those facilities; and all other matters pertaining to the usefulness and management of those facilities; and recommend to the officers in charge such changes and additional provisions as the department considers proper.
48.576(3)
(3) Frequency of inspections. The department shall inspect and investigate each shelter care facility at least annually and, when directed by the governor, the department shall conduct a special investigation into a shelter care facility's management, or anything connected with its management, and report to the governor the testimony taken, the facts found, and conclusions drawn.
48.576(4)
(4) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney of the proper county shall aid in any investigation, inspection, hearing, or trial had under the provisions of this chapter relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after the receipt of the request.
48.576(5)
(5) Opportunity to inspect. All trustees, managers, directors, superintendents, and other officers or employees of a shelter care facility shall at all times afford to every member of the department and its agents unrestrained facility for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the shelter care facility, and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100.
48.576(6)
(6) Testimonial power; expenses. The department or any person delegated by the department may administer oaths, take testimony, and cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be charged to the appropriation for the department.
48.576(7)
(7) Statistics to be furnished. Whenever the department is required to collect statistics, the person or agency shall furnish the required statistics on request.
48.576 History
History: 2007 a. 20.
48.578
48.578
Shelter care facilities; establishment, approval, inspection. 48.578(1)
(1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of shelter care facilities, with respect to their adequacy and fitness for the needs that they are to serve.
48.578(2)
(2) The selection and purchase of the site, and the plans, specifications, and erection of buildings for shelter care facilities shall be subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the shelter care facility.
48.578(3)
(3) Before any shelter care facility is occupied, and at least annually thereafter, the department shall inspect the shelter care facility, with respect to safety, sanitation, adequacy, and fitness, and report to the authorities managing the shelter care facility any deficiency found, and order the necessary work to correct that deficiency. If within 6 months after the inspection the work is not commenced, or not completed within a reasonable period after commencement of the work, to the satisfaction of the department, the department shall suspend the allowance of state aid for, and prohibit the use of the shelter care facility, until the order is complied with.
48.578 History
History: 2007 a. 20.
48.58
48.58
County children's home in populous counties. 48.58(1)(1) Any existing county children's home in counties with a population of 500,000 or more may do any of the following:
48.58(1)(b)
(b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under
s. 46.215
, if the delinquent juveniles are placed in separate facilities;
48.58(1)(c)
(c) Provide temporary shelter care for children in need of protection or services and delinquent juveniles; provided that the delinquent juveniles are placed in separate facilities.
48.59
48.59
Examination and records. 48.59(1)
(1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under
s. 48.345 and of every expectant mother of an unborn child placed under its supervision under
s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department, department or agency shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency or of the expectant mother while under the supervision of the county department, department or agency.
48.59(2)
(2) At the department's request, the county department shall report to the department regarding children who are in the legal custody or under the supervision of the county department and expectant mothers of unborn children who are under the supervision of the county department.
48.59 Annotation
A county with a population under 500,000 may, by ordinance under s. 19.21 (6), [now s. 19.21 (5)] provide for the destruction of obsolete case records maintained by county social services agencies. 70 Atty. Gen. 196.
CHILD WELFARE AGENCIES
48.599
48.599
Definitions. In this subchapter:
48.599(1)
(1) "Physical restraint" includes all of the following:
48.599(1)(b)
(b) A device or garment that interferes with a child's freedom of movement and that the child is unable to remove easily.
48.599(1)(c)
(c) Restraint by a child welfare agency staff member of a child by use of physical force.
48.599(2)
(2) "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
48.599 History
History: 1989 a. 336.
48.60
48.60
Child welfare agencies licensed. 48.60(1)
(1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under
s. 48.67, meet the requirements specified in
s. 48.685 and pay the applicable license fee under
s. 48.615 (1) (a) or
(b). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in
s. 48.66 (5).
48.60(2)
(2) This section does not include:
48.60(2)(a)
(a) A relative or guardian who provides care and maintenance for such children.
48.60(2)(b)
(b) A bona fide educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than 2 months of summer vacation.
48.60(2)(d)
(d) A hospital or nursing home licensed, approved or supervised by the department.
48.60(2)(e)
(e) A licensed foster home or a licensed treatment foster home.
Effective date note
NOTE: Par. (e) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(e) A licensed foster home.
48.60(2)(f)
(f) Institutions for mentally deficient children, which institutions have a full-time child population of not less than 150 children and which are subject to examination as provided in
s. 46.03 (5).
48.60(3)
(3) Before issuing or continuing any license to a child welfare agency under this section, the department shall review the need for the additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care authorized under
s. 48.61 (3). Neither the department nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.
48.60(4)(b)
(b) Notwithstanding
ss. 121.78 (3) (a) and
121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who has been placed with the child welfare agency under the Interstate Compact on the Placement of Children under
s. 48.988 or the Interstate Compact for the Placement of Children under
s. 48.99.
48.60(5)(a)(a) No later than 24 hours after the death of a child who resided in a residential care center for children and youth operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:
48.60(5)(a)1.
1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication for the child.
48.60(5)(a)3.
3. There is reasonable cause to believe that the death was a suicide.
