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:
AB56-ASA1,324,85
48.685
(2) (d) Every entity shall maintain, or shall contract with another
6person to maintain, the most recent background information obtained on a caregiver
7or congregate care worker under par. (b). The information shall be made available
8for inspection by authorized persons, as defined by the department by rule.
AB56-ASA1,547
9Section 547
. 48.685 (3) (b) of the statutes is amended to read:
AB56-ASA1,324,1410
48.685
(3) (b) Every 4 years or at any time within that period that an entity
11considers appropriate, the entity shall request the information specified in sub. (2)
12(b) 1m. to 5m. for all persons who are
caregivers specified in sub. (1) (ag) 1. a. or am.
13of the entity and for all nonclient residents of a caregiver specified in sub. (1) (ag) 1.
14am. of the entity subject to sub. (2) (b).
AB56-ASA1,548
15Section 548
. 48.685 (3) (c) of the statutes is created to read:
AB56-ASA1,324,1816
48.685
(3) (c) Every 4 years or at any time within that period that the
17department considers appropriate, the department shall obtain the information
18specified in sub. (2) (ba) for all persons who are congregate care workers.
AB56-ASA1,549
19Section 549
. 48.685 (4m) (a) 1. of the statutes is amended to read:
AB56-ASA1,324,2420
48.685
(4m) (a) 1. That the person has been convicted of a serious crime or
21adjudicated delinquent
on or after his or her 10th birthday for committing a serious
22crime or that the person is the subject of a pending criminal charge or delinquency
23petition alleging that the person has committed a serious crime
on or after his or her
2410th birthday.
AB56-ASA1,550
25Section 550
. 48.685 (4m) (b) (intro.) of the statutes is amended to read:
AB56-ASA1,325,5
148.685
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
2sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1)
3(ag) 1. a. or am.
or a congregate care worker or permit a nonclient resident to reside
4at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of the entity if the
5entity knows or should have known any of the following:
AB56-ASA1,551
6Section 551
. 48.685 (4m) (b) 1. of the statutes is amended to read:
AB56-ASA1,325,117
48.685
(4m) (b) 1. That the person has been convicted of a serious crime or
8adjudicated delinquent
on or after his or her 10th birthday for committing a serious
9crime or that the person is the subject of a pending criminal charge or delinquency
10petition alleging that the person has committed a serious crime
on or after his or her
1110th birthday.
AB56-ASA1,552
12Section 552
. 48.685 (4m) (c) of the statutes is amended to read:
AB56-ASA1,326,213
48.685
(4m) (c) If the background information form completed by a person
14under sub. (6) (am) indicates that the person is not ineligible to be employed or
15contracted with for a reason specified in par. (b) 1. to 5., an entity may employ or
16contract with the person for not more than 45 days pending the receipt of the
17information sought under sub. (2) (am) or (b)
and (ba). If the background information
18form completed by a person under sub. (6) (am) indicates that the person is not
19ineligible to be permitted to reside at an entity or with a caregiver specified in sub.
20(1) (ag) 1. am. for a reason specified in par. (b) 1. to 5. and if an entity otherwise has
21no reason to believe that the person is ineligible to be permitted to reside at an entity
22or with that caregiver for any of those reasons, the entity may permit the person to
23reside at the entity or with the caregiver for not more than 45 days pending receipt
24of the information sought under sub. (2) (am) or (b)
and (ba). An entity shall provide
1supervision for a person who is employed, contracted with, or permitted to reside as
2permitted under this paragraph.
AB56-ASA1,553
3Section 553
. 48.685 (4m) (d) of the statutes is amended to read:
AB56-ASA1,326,84
48.685
(4m) (d) If the department learns that a caregiver
, congregate care
5worker, or nonclient resident is the subject of a pending investigation for a crime or
6offense that, under this subsection or sub. (5), could result in a bar to
employment 7as a caregiver or residence being a caregiver, working, or residing at an entity, the
8department may notify the entity of the pending investigation.
AB56-ASA1,554
9Section 554
. 48.685 (5m) of the statutes is amended to read:
AB56-ASA1,326,1910
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
11a person to operate an entity, a county department or a child welfare agency may
12refuse to license a foster home under s. 48.62, the department in a county having a
13population of 750,000 or more or a county department may refuse to provide
14subsidized guardianship payments to a person under s. 48.623 (6), and an entity may
15refuse to employ or contract with a caregiver
or congregate care worker or permit a
16nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag)
171. am. of the entity if the person has been convicted of an offense that is not a serious
18crime, but that is, in the estimation of the department, county department, child
19welfare agency, or entity, substantially related to the care of a client.
AB56-ASA1,555
20Section 555
. 48.685 (6) (am) of the statutes is amended to read:
AB56-ASA1,326,2521
48.685
(6) (am) Every 4 years an entity shall require all of its caregivers
and
22all, nonclient residents
of the entity or of a caregiver specified in sub. (1) (ag) 1. am.
23of the entity, congregate care workers, and nonclient residents of a caregiver
24specified in sub. (1) (ag) 1. am. to complete a background information form that is
25provided to the entity by the department.
AB56-ASA1,556
1Section
556. 48.685 (8) of the statutes is amended to read:
AB56-ASA1,327,102
48.685
(8) The department, the department of health services, a county
3department, or a child welfare agency may charge a fee for obtaining the information
4required under sub. (2) (am) or (3) (a), for providing information to an entity to enable
5the entity to comply with sub. (2) (b) or (3) (b), or for obtaining and submitting
6fingerprints under sub. (2)
(ba) or (bm)
or (3) (c). The fee may not exceed the
7reasonable cost of obtaining the information or of obtaining and submitting
8fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d),
9for obtaining or maintaining information or for obtaining and submitting
10fingerprints if to do so would be inconsistent with federal law.
AB56-ASA1,557
11Section 557
. 48.686 (1) (ac) of the statutes is created to read:
AB56-ASA1,327,1412
48.686
(1) (ac) “Approval” means a child care center license under s. 48.65, a
13child care provider certification under s. 48.651, or a contract with a child care
14provider under s. 120.13 (14).
AB56-ASA1,558
15Section 558
. 48.686 (1) (ag) 1. (intro.) of the statutes is repealed.
AB56-ASA1,559
16Section 559
. 48.686 (1) (ag) 1. a. of the statutes is renumbered 48.686 (1) (ag)
171. and amended to read:
AB56-ASA1,327,1918
48.686
(1) (ag) 1. An employee or
independent contractor of a child care
19program
who is involved in the care or supervision of clients.
AB56-ASA1,560
20Section 560
. 48.686 (1) (ag) 1. b. of the statutes is renumbered 48.686 (1) (ag)
211m. and amended to read: