AB56-ASA1,308,1513
48.345
(3) (d) A residential
treatment care center
for children and youth 14operated by a child welfare agency licensed under s. 48.60
, or a similar facility
15regulated in another state.
AB56-ASA1,498
16Section 498
. 48.345 (3) (e) of the statutes is created to read:
AB56-ASA1,308,2017
48.345
(3) (e) With a parent in a qualifying residential family-based treatment
18facility, or a similar facility regulated in another state, if the child's permanency plan
19includes a recommendation for such a placement under s. 48.38 (4) (em) before the
20placement is made.
AB56-ASA1,499
21Section 499
. 48.38 (2) (intro.) of the statutes is amended to read:
AB56-ASA1,309,622
48.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
23for each child living in a foster home, group home, residential care center for children
24and youth, juvenile detention facility, shelter care facility,
qualifying residential
25family-based treatment facility with a parent, or supervised independent living
1arrangement, the agency that placed the child or arranged the placement or the
2agency assigned primary responsibility for providing services to the child under s.
348.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following
4conditions exists, and, for each child living in the home of a guardian or a relative
5other than a parent, that agency shall prepare a written permanency plan, if any of
6the conditions specified in pars. (a) to (e) exists:
AB56-ASA1,500
7Section 500
. 48.38 (2) (d) of the statutes is amended to read:
AB56-ASA1,309,108
48.38
(2) (d) The child was placed under a voluntary agreement between the
9agency and the child's parent under s. 48.63 (1) (a)
or (bm) or (5) (b) or under a
10voluntary transition-to-independent-living agreement under s. 48.366 (3).
AB56-ASA1,501
11Section 501
. 48.38 (4) (em) of the statutes is created to read:
AB56-ASA1,309,1312
48.38
(4) (em) A recommendation regarding placement with a parent in a
13qualifying residential family-based treatment facility.
AB56-ASA1,507
14Section 507
. 48.48 (17) (a) 3. of the statutes is amended to read:
AB56-ASA1,310,415
48.48
(17) (a) 3. Provide appropriate protection and services for children and
16the expectant mothers of unborn children in its care, including providing services for
17those children and their families and for those expectant mothers in their own
18homes, placing
the those children in licensed foster homes or group homes in this
19state or
similar facilities regulated in another state within a reasonable proximity
20to the agency with legal custody, placing
the
those children in the homes of guardians
21under s. 48.977 (2),
placing those children in a qualifying residential family-based
22treatment facility with a parent or in similar facilities regulated in another state, or
23contracting for services for those children by licensed child welfare agencies
in this
24state or a similar child welfare agency regulated in another state, except that the
25department may not purchase the educational component of private day treatment
1programs unless the department, the school board, as defined in s. 115.001 (7), and
2the state superintendent of public instruction all determine that an appropriate
3public education program is not available. Disputes between the department and the
4school district shall be resolved by the state superintendent of public instruction.
AB56-ASA1,508
5Section 508
. 48.48 (17) (c) 4. of the statutes is amended to read:
AB56-ASA1,310,96
48.48
(17) (c) 4. Is living in a foster home, group home,
or residential care center
7for children and youth
, qualifying residential family-based treatment facility, or a
8similar facility regulated in another state or in a supervised independent living
9arrangement.
AB56-ASA1,509
10Section 509
. 48.481 (3) of the statutes is repealed.
AB56-ASA1,511
11Section 511
. 48.487 (1m) of the statutes is amended to read:
AB56-ASA1,310,1712
48.487
(1m) Tribal family services grants. From the appropriation account
13under s. 20.437 (1)
(bd) (js), the department may distribute tribal family services
14grants to the elected governing bodies of the Indian tribes in this state. An elected
15governing body that receives a grant under this subsection may expend the grant
16moneys received for any of the purposes specified in subs. (2), (3) (b), (4m) (b), (5) (b),
17(6), and (7) as determined by that body.
AB56-ASA1,512
18Section 512
. 48.526 (7) (intro.) of the statutes is amended to read:
AB56-ASA1,310,2319
48.526
(7) Allocations of funds. (intro.) Within the limits of the availability
20of the appropriations under s. 20.437 (1) (cj) and (o), the department shall allocate
21funds for community youth and family aids for the period beginning on July 1,
2015 222019, and ending on June 30,
2017 2021, as provided in this subsection to county
23departments under ss. 46.215, 46.22, and 46.23 as follows:
AB56-ASA1,513m
24Section 513m. 48.526 (7) (a) of the statutes is amended to read:
AB56-ASA1,311,4
148.526
(7) (a) For community youth and family aids under this section,
2amounts not to exceed
$45,572,100 $45,383,600 for the last 6 months of
2015,
3$91,150,200 2019, $90,767,200 for
2016 2020, and
$45,578,100
$45,383,600 for the
4first 6 months of
2017 2021.
AB56-ASA1,514
5Section 514
. 48.526 (7) (b) (intro.) of the statutes is amended to read:
AB56-ASA1,311,96
48.526
(7) (b) (intro.) Of the amounts specified in par. (a), the department shall
7allocate $2,000,000 for the last 6 months of
2015
2019, $4,000,000 for
2016 2020, and
8$2,000,000 for the first 6 months of
2017 2021 to counties based on each of the
9following factors weighted equally:
AB56-ASA1,515
10Section 515
. 48.526 (7) (bm) of the statutes is amended to read:
AB56-ASA1,311,1611
48.526
(7) (bm) Of the amounts specified in par. (a), the department shall
12allocate $6,250,000 for the last 6 months of
2015
2019, $12,500,000 for
2016 2020,
13and $6,250,000 for the first 6 months of
2017
2021 to counties based on each county's
14proportion of the number of juveniles statewide who are placed in a juvenile
15correctional facility or a secured residential care center for children and youth during
16the most recent 3-year period for which that information is available.
AB56-ASA1,516
17Section 516
. 48.526 (7) (c) of the statutes is amended to read:
AB56-ASA1,311,2518
48.526
(7) (c) Of the amounts specified in par. (a), the department shall allocate
19$1,053,200 for the last 6 months of
2015 2019, $2,106,500 for
2016 2020, and
20$1,053,300 for the first 6 months of
2017 2021 to counties based on each of the factors
21specified in par. (b) 1. to 3. weighted equally, except that no county may receive an
22allocation under this paragraph that is less than 93 percent nor more than 115
23percent of the amount that the county would have received under this paragraph if
24the allocation had been distributed only on the basis of the factor specified in par. (b)
253.
AB56-ASA1,517
1Section
517. 48.526 (7) (e) of the statutes is amended to read:
AB56-ASA1,312,62
48.526
(7) (e) For emergencies related to community youth and family aids
3under this section, amounts not to exceed $125,000 for the last 6 months of
2015 42019, $250,000 for
2016 2020, and $125,000 for the first 6 months of
2017
2021. A
5county is eligible for payments under this paragraph only if it has a population of not
6more than 45,000.
AB56-ASA1,518
7Section 518
. 48.526 (7) (h) of the statutes is amended to read:
AB56-ASA1,312,188
48.526
(7) (h) For counties that are purchasing community supervision
9services under s. 938.533 (2), $1,062,400 in the last 6 months of
2017 2019,
10$2,124,800 in
2018 2020, and $1,062,400 in the first 6 months of
2019 2021 for the
11provision of community supervision services for juveniles from that county. In
12distributing funds to counties under this paragraph, the department shall distribute
13to each county the full amount of the charges for the services purchased by that
14county, except that if the amounts available under this paragraph are insufficient to
15distribute that full amount, the department shall distribute those available amounts
16to each county that purchases community supervision services based on the ratio
17that the charges to that county for those services bear to the total charges to all
18counties that purchase those services.
AB56-ASA1,519
19Section 519
. 48.526 (8) of the statutes is amended to read:
AB56-ASA1,312,2320
48.526
(8) Alcohol and other drug abuse treatment. From the amount of the
21allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last
226 months of
2015 2019, $1,333,400 in
2016 2020, and $666,700 in the first 6 months
23of
2017 2021 for alcohol and other drug abuse treatment programs.
AB56-ASA1,522m
25Section 522m. 48.561 (3) (a) of the statutes is amended to read:
AB56-ASA1,313,4
148.561
(3) (a) A county having a population of 750,000 or more shall contribute
2the greater of $58,893,500
or the amount in the schedule for the appropriation under
3s. 20.437 (1) (cx) in each
state fiscal year for the provision of child welfare services
4in that county by the department. That contribution shall be made as follows:
AB56-ASA1,313,65
1. Through a reduction of $37,209,200 from the amounts distributed to that
6county under ss. 46.40 (2) and 48.563 (2) in each
state fiscal year.
AB56-ASA1,313,87
2. Through a reduction of $1,583,000 from the amount distributed to that
8county under s. 46.40 (2m) (a) in each
state fiscal year.
AB56-ASA1,313,119
3. Through a deduction of
$20,101,300 the remainder of the payment after the
10county's contribution under subds. 1. and 2. from any state payment due that county
11under s. 79.035, 79.04, or 79.08 as provided in par. (b).
AB56-ASA1,523
12Section 523
. 48.563 (2) of the statutes is amended to read:
AB56-ASA1,313,1613
48.563
(2) County allocation. For children and family services under s. 48.569
14(1) (d), the department shall distribute not more than
$70,211,100 $80,125,200 in
15fiscal year
2017-18 2019-20 and
$74,308,000 $101,145,500 in fiscal year
2018-19 162020-21.
AB56-ASA1,524
17Section 524
. 48.57 (1) (c) of the statutes is amended to read:
AB56-ASA1,314,718
48.57
(1) (c) To provide appropriate protection and services for children and the
19expectant mothers of unborn children in its care, including providing services for
20those children and their families and for those expectant mothers in their own
21homes, placing those children in licensed foster homes or group homes in this state
22or
similar facilities regulated in another state within a reasonable proximity to the
23agency with legal custody, placing those children in the homes of guardians under
24s. 48.977 (2),
placing those children in a qualifying residential family-based
25treatment facility, or in a similar facility regulated in another state, or contracting
1for services for those children by licensed child welfare agencies
in this state or a
2child welfare agency regulated in another state, except that the county department
3may not purchase the educational component of private day treatment programs
4unless the county department, the school board, as defined in s. 115.001 (7), and the
5state superintendent of public instruction all determine that an appropriate public
6education program is not available. Disputes between the county department and
7the school district shall be resolved by the state superintendent of public instruction.
AB56-ASA1,525
8Section 525
. 48.57 (3) (a) 4. of the statutes is amended to read:
AB56-ASA1,314,129
48.57
(3) (a) 4. Is living in a foster home, group home, residential care center
10for children and youth,
or subsidized guardianship home
, qualifying residential
11family-based treatment facility, or a similar facility regulated in another state or in
12a supervised independent living arrangement.
AB56-ASA1,526m
13Section 526m. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
AB56-ASA1,314,2214
48.57
(3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
15(me), and (s), the department shall reimburse counties having populations of less
16than 750,000 for payments made under this subsection and shall make payments
17under this subsection in a county having a population of 750,000 or more. Subject
18to par. (ap), a county department and, in a county having a population of 750,000 or
19more, the department shall make payments in the amount of
$238 $254 per month
20beginning on January 1,
2018, and $244 per month beginning on January 1, 2019 212020, to a kinship care relative who is providing care and maintenance for a child if
22all of the following conditions are met:
AB56-ASA1,527m
23Section 527m. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
AB56-ASA1,315,724
48.57
(3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
25(me), and (s), the department shall reimburse counties having populations of less
1than 750,000 for payments made under this subsection and shall make payments
2under this subsection in a county having a population of 750,000 or more. Subject
3to par. (ap), a county department and, in a county having a population of 750,000 or
4more, the department shall make monthly payments for each child in the amount of
5$238 $254 per month beginning on January 1,
2018, and $244 per month beginning
6on January 1, 2019 2020, to a long-term kinship care relative who is providing care
7and maintenance for that child if all of the following conditions are met:
AB56-ASA1,528m
8Section 528m. 48.62 (4) of the statutes is amended to read:
AB56-ASA1,316,39
48.62
(4) Monthly payments in foster care shall be provided according to the
10rates specified in this subsection. Beginning on January 1,
2018 2020, the rates are
11$238 $254 for care and maintenance provided for a child of any age by a foster home
12that is certified to provide level one care, as defined in the rules promulgated under
13sub. (8) (a) and, for care and maintenance provided by a foster home that is certified
14to provide care at a level of care that is higher than level one care,
$394 $420 for a
15child under 5 years of age;
$431 $460 for a child 5 to 11 years of age;
$490 $522 for
16a child 12 to 14 years of age; and
$511 $545 for a child 15 years of age or over.
17Beginning on January 1, 2019, the rates are $244 for care and maintenance provided
18for a child of any age by a foster home that is certified to provide level one care, as
19defined in the rules promulgated under sub. (8) (a) and, for care and maintenance
20provided by a foster home that is certified to provide care at a level of care that is
21higher than level one care, $404 for a child under 5 years of age; $442 for a child 5
22to 11 years of age; $502 for a child 12 to 14 years of age; and $524 for a child 15 years
23of age or over. In addition to these grants for basic maintenance, the department,
24county department, or licensed child welfare agency shall make supplemental
25payments for foster care to a foster home that is receiving an age-related rate under
1this subsection that are commensurate with the level of care that the foster home is
2certified to provide and the needs of the child who is placed in the foster home
3according to the rules promulgated by the department under sub. (8) (c).
AB56-ASA1,529
4Section 529
. 48.623 (3) (a) of the statutes is amended to read:
AB56-ASA1,316,115
48.623
(3) (a) Except as provided in this paragraph, the county department
6shall provide the monthly payments under sub. (1) or (6). The county department
7shall provide those payments from moneys received under s. 48.48 (8p) or 48.569 (1)
8(d). In a county having a population of 750,000 or more or in the circumstances
9specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly
10payments under sub. (1) or (6). The department shall provide those payments from
11the appropriations under s. 20.437 (1)
(dd) (cx) and
(pd) (mx).
AB56-ASA1,530
12Section 530
. 48.63 (1) (bm) of the statutes is created to read:
AB56-ASA1,316,1813
48.63
(1) (bm) Acting under a voluntary agreement, a child's parent, the
14department, or a county department may place the child in a qualifying residential
15family-based treatment facility with a parent, if such a placement is recommended
16in the child's permanency plan under s. 48.38 (4) (em) before the placement is made.
17A placement under this paragraph may not exceed 180 days from the date on which
18the child was removed from the home under the voluntary agreement.
AB56-ASA1,531
19Section 531
. 48.63 (1) (c) of the statutes is amended to read:
AB56-ASA1,317,320
48.63
(1) (c) Voluntary agreements may be made only under par. (a)
or, (b)
, or
21(bm) or sub. (5) (b), shall be in writing, shall state whether the child has been adopted,
22and shall specifically state that the agreement may be terminated at any time by the
23parent, guardian, or Indian custodian or by the child if the child's consent to the
24agreement is required. In the case of an Indian child who is placed under par. (a)
or, 25(b)
, or (bm) by the voluntary agreement of the Indian child's parent or Indian
1custodian, the voluntary consent of the parent or Indian custodian to the placement
2shall be given as provided in s. 48.028 (5) (a). The child's consent to an agreement
3under par. (a)
or, (b)
, or (bm) is required whenever the child is 12 years of age or older.
AB56-ASA1,532
4Section 532
. 48.645 (1) (a) of the statutes is amended to read:
AB56-ASA1,317,145
48.645
(1) (a) The child is living in a foster home licensed under s. 48.62 if a
6license is required under that section, in a foster home located within the boundaries
7of a reservation in this state and licensed by the tribal governing body of the
8reservation, in a group home licensed under s. 48.625, in a subsidized guardianship
9home under s. 48.623, in a residential care center for children and youth licensed
10under s. 48.60,
with a parent in a qualifying residential family-based treatment
11facility, or in a supervised independent living arrangement and has been placed in
12that home, center, or arrangement by a county department under s. 46.215, 46.22,
13or 46.23, by the department, or by a governing body of an Indian tribe in this state
14under an agreement with a county department under s. 46.215, 46.22, or 46.23.
AB56-ASA1,532c
15Section 532c. 48.645 (2) (a) 2. of the statutes is amended to read:
AB56-ASA1,317,2416
48.645
(2) (a) 2. A county or, in a county having a population of 750,000 or more,
17the department, on behalf of a child in the legal custody of a county department under
18s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child
19who was removed from the home of a relative as a result of a judicial determination
20that continuance in the home of a relative would be contrary to the child's welfare
21for any reason when the child is placed in a licensed residential care center for
22children and youth
or a qualifying residential family-based treatment center by the
23county department or the department. Reimbursement shall be made by the state
24as provided in subd. 1.
AB56-ASA1,532d
25Section 532d. 48.645 (2) (a) 3. of the statutes is amended to read:
AB56-ASA1,318,11
148.645
(2) (a) 3. A county or, in a county having a population of 750,000 or more,
2the department, when the child is placed in a licensed foster home, group home,
or 3residential care center for children and youth,
or a qualifying residential
4family-based treatment facility, in a subsidized guardianship home, or in a
5supervised independent living arrangement by a licensed child welfare agency or by
6a governing body of an Indian tribe in this state or by its designee, if the child is in
7the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the
8department under s. 48.48 (17) or if the child was removed from the home of a relative
9as a result of a judicial determination that continuance in the home of the relative
10would be contrary to the child's welfare for any reason and the placement is made
11under an agreement with the county department or the department.
AB56-ASA1,532e
12Section 532e. 48.645 (2) (a) 4. of the statutes is amended to read:
AB56-ASA1,318,2113
48.645
(2) (a) 4. A licensed foster home, group home,
or residential care center
14for children and youth
, or a qualifying residential family-based treatment facility 15or a subsidized guardianship home when the child is in the custody or guardianship
16of the state, when the child is a ward of a tribal court in this state and the placement
17is made under an agreement between the department and the governing body of the
18Indian tribe of the tribal court, or when the child was part of the state's direct service
19case load and was removed from the home of a relative as a result of a judicial
20determination that continuance in the home of a relative would be contrary to the
21child's welfare for any reason and the child is placed by the department.
AB56-ASA1,534
22Section 534
. 48.651 (3) (a) of the statutes is amended to read:
AB56-ASA1,319,1123
48.651
(3) (a) If a
child care provider certified under sub. (1) is convicted of a
24serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1)
25(ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the person subject
1to a background check under s. 48.686 (2) who operates, works at, or resides at a child
2care provider
certified under sub. (1) is convicted or adjudicated delinquent for
3committing a serious crime, as defined in s. 48.686 (1) (c),
on or after his or her 10th
4birthday, or if the department provides written notice of a decision under s. 48.686
5(4p) that the
child care provider, caregiver, or nonclient resident person is ineligible
6for certification, employment, or residence to operate, work at, or reside at the child
7care provider, the department in a county having a population of 750,000 or more,
8a county department, or an agency contracted with under sub. (2) shall revoke the
9certification of the child care provider immediately upon providing written notice of
10revocation and the grounds for revocation and an explanation of the process for
11appealing the revocation.
AB56-ASA1,535
12Section 535
. 48.651 (3) (b) of the statutes is amended to read:
AB56-ASA1,320,213
48.651
(3) (b) If a
child care provider certified under sub. (1) is the subject of
14a pending criminal charge alleging that the person has committed a serious crime,
15as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a
16nonclient resident, as defined in s. 48.686 (1) (bm), of the
person subject to a
17background check under s. 48.686 (2) who operates, works at, or resides at a child
18care provider
certified under sub. (1) is the subject of a pending criminal charge or
19delinquency petition alleging that the person has committed a serious crime
on or
20after his or her 10th birthday, the department in a county having a population of
21750,000 or more, a county department, or an agency contracted with under sub. (2)
22shall immediately suspend the certification of the child care provider until the
23department, county department, or agency obtains information regarding the final
24disposition of the charge or delinquency petition indicating that the person is not
1ineligible to
be certified under sub. (1)
operate, work at, or reside at the child care
2provider.
AB56-ASA1,536
3Section 536
. 48.685 (1) (ao) of the statutes is created to read:
AB56-ASA1,320,54
48.685
(1) (ao) “Congregate care facility” means a group home, shelter care
5facility, or residential care center for children and youth.
AB56-ASA1,537
6Section 537
. 48.685 (1) (ap) of the statutes is created to read:
AB56-ASA1,320,107
48.685
(1) (ap) “Congregate care worker” means an adult who works in a
8congregate care facility. “Congregate care worker” includes a person who has or is
9seeking a license to operate a congregate care facility and does not include an unpaid
10volunteer.
AB56-ASA1,538
11Section 538
. 48.685 (1) (c) 2. of the statutes is amended to read:
AB56-ASA1,320,1612
48.685
(1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
13(2), (4), (5)
, or (6), 940.22 (2) or (3), 940.225 (1), (2)
, or (3), 940.285 (2), 940.29, 940.295,
14942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05,
15948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am),
16948.12, 948.13, 948.21
(2), 948.215, 948.30, or 948.53.
AB56-ASA1,539
17Section 539
. 48.685 (2) (am) 5. of the statutes is amended to read:
AB56-ASA1,321,518
48.685
(2) (am) 5. Information maintained by the department of health services
19under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979
20(1) (b) regarding any denial to the person of a license, or continuation or renewal of
21a license to operate an entity, or of payments under s. 48.623 (6) for operating an
22entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the
23person of employment at, a contract with, or permission to reside at an entity or of
24permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason
25specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision
1indicates that the person has been denied a license, or continuation or renewal of a
2license, payments, employment, a contract, or permission to reside as described in
3this subdivision, the department, a county department, or a child welfare agency
4need not obtain the information specified in subds. 1. to 4.
, and the department need
5not obtain a fingerprint-based background check under par. (ba).
AB56-ASA1,540
6Section 540
. 48.685 (2) (b) (intro.) of the statutes is amended to read:
AB56-ASA1,321,117
48.685
(2) (b) (intro.) Every entity shall obtain all of the following with respect
8to a caregiver specified in sub. (1) (ag) 1. a. or am. of the entity
and, with respect to
9a nonclient resident of a caregiver specified in sub. (1) (ag) 1. am.
, and with respect
10to a congregate care worker, except a caregiver specified in sub. (1) (ag) 1. b., of the
11entity:
AB56-ASA1,541
12Section 541
. 48.685 (2) (ba) of the statutes is created to read:
AB56-ASA1,321,1913
48.685
(2) (ba) If the person who is the subject of the search under par. (am)
14or (b) is a congregate care worker, the department shall obtain a fingerprint-based
15check of the national crime information databases, as defined in
28 USC 534 (f) (3)
16(A), unless the search has been terminated under par. (am) 5. or (b) 5m. The
17department, county department, or child welfare agency may release any
18information obtained under this paragraph only as permitted under
32 USC 20962 19(e).
AB56-ASA1,542
20Section 542
. 48.685 (2) (bb) of the statutes is amended to read:
AB56-ASA1,322,1221
48.685
(2) (bb) If information obtained under par. (am)
or, (b)
, or (ba) indicates
22a charge of a serious crime, but does not completely and clearly indicate the final
23disposition of the charge, the department, county department, child welfare agency,
24or entity shall make every reasonable effort to contact the clerk of courts to determine
25the final disposition of the charge. If a background information form under sub. (6)
1(a) or (am) indicates a charge or a conviction of a serious crime, but information
2obtained under par. (am)
or, (b)
, or (ba) does not indicate such a charge or conviction,
3the department, county department, child welfare agency, or entity shall make every
4reasonable effort to contact the clerk of courts to obtain a copy of the criminal
5complaint and the final disposition of the complaint. If information obtained under
6par. (am)
or, (b)
, or (ba), a background information form under sub. (6) (a) or (am),
7or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
8940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
9the date on which that information was obtained, the department, county
10department, child welfare agency, or entity shall make every reasonable effort to
11contact the clerk of courts to obtain a copy of the criminal complaint and judgment
12of conviction relating to that violation.
AB56-ASA1,543
13Section 543
. 48.685 (2) (bg) of the statutes is amended to read:
AB56-ASA1,322,2214
48.685
(2) (bg) If an entity employs or contracts with a caregiver
or congregate
15care worker for whom, within the last year, the information required under par. (b)
161m. to 3m. and 5m. has already been obtained by another entity, the entity may
17obtain that information from that other entity, which shall provide the information,
18if possible, to the requesting entity. If an entity cannot obtain the information
19required under par. (b) 1m. to 3m. and 5m. from another entity or if an entity has
20reasonable grounds to believe that any information obtained from another entity is
21no longer accurate, the entity shall obtain that information from the sources
22specified in par. (b) 1m. to 3m. and 5m.
AB56-ASA1,544
23Section 544
. 48.685 (2) (bm) of the statutes is amended to read:
AB56-ASA1,323,1724
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
25or (b) is not a resident of this state, or if at any time within the 5 years preceding the
1date of the search that person has not been a resident of this state, or if the
2department, county department, child welfare agency, or entity determines that the
3person's employment, licensing, or state court records provide a reasonable basis for
4further investigation, the department, county department, child welfare agency, or
5entity shall make a good faith effort to obtain from any state or other United States
6jurisdiction in which the person is a resident or was a resident within the 5 years
7preceding the date of the search information that is equivalent to the information
8specified in par. (am) 1. or (b) 1m. The department, county department, child welfare
9agency, or entity may require the person to be fingerprinted on 2 fingerprint cards,
10each bearing a complete set of the person's fingerprints, or by other technologies
11approved by law enforcement agencies. The department of justice may provide for
12the submission of the fingerprint cards or fingerprints by other technologies to the
13federal bureau of investigation for the purposes of verifying the identity of the person
14fingerprinted and obtaining records of his or her criminal arrests and convictions.
15The department, county department, or child welfare agency may not use any
16information obtained under this paragraph for any purpose other than a search of
17the person's background under par. (am) or (b).
AB56-ASA1,545
18Section 545
. 48.685 (2) (c) 1. of the statutes is amended to read:
AB56-ASA1,324,319
48.685
(2) (c) 1. If the person who is the subject of the search under par. (am)
20is seeking an initial license to operate a foster home or is seeking relicensure after
21a break in licensure, the department, county department, or child welfare agency
22shall request under
42 USC 16962 34 USC 20962 (b) a fingerprint-based check of the
23national crime information databases, as defined in
28 USC 534 (f) (3) (A). If that
24person is seeking subsidized guardianship payments under s. 48.623 (6), the
25department in a county having a population of 750,000 or more or county department
1shall request that fingerprint-based check. The department, county department, or
2child welfare agency may release any information obtained under this subdivision
3only as permitted under
42 USC 16962 34 USC 20962 (e).
AB56-ASA1,546
4Section 546
. 48.685 (2) (d) of the statutes is amended to read: