AB150,971,42 48.625 (1m) (a) Before applying for initial licensure or license renewal, the
3applicant, with the assistance of the department of justice, shall conduct a
4background investigation of each employe or prospective employe of the applicant.

AB150,971,135 (b) If the person being investigated under par. (a) is a nonresident, or if at any
6time within the 5 years preceding the date of the investigation that person has been
7a nonresident, or if the applicant determines that the person's employment, licensing
8or state court records provide a reasonable basis for further investigation, the
9applicant shall require the person to be photographed and fingerprinted on 2
10fingerprint cards, each bearing a complete set of the person's fingerprints. The
11department of justice may provide for the submission of the fingerprint cards to the
12federal bureau of investigation for the purposes of verifying the identity of the person
13fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,971,1514 (c) Upon request, a person being investigated under par. (a) shall provide the
15applicant with all of the following information:

AB150,971,1616 1. The person's name.

AB150,971,1717 2. The person's social security number.

AB150,971,1918 3. Other identifying information, including the person's birthdate, sex, race
19and any identifying physical characteristics.

AB150,972,320 (d) An applicant may employ a person conditioned on the receipt of a
21satisfactory background investigation. An applicant may not employ any person who
22has been convicted of a violation of ch. 161 that is punishable as a felony, who has had
23imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632,
24939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944
25or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70,

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1except that an applicant may employ a person who has been convicted of a violation
2of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the
3date of the investigation.

AB150,972,54 (e) An applicant shall keep confidential all information received under this
5subsection from the department of justice or the federal bureau of investigation.

AB150,972,137 48.625 (2) (a) Before the department may issue a license under sub. (1) to a
8group home, the group home must pay to the department a biennial fee of $75 $180,
9plus a biennial fee of $10 $24 per child, based on the number of children that the
10group home is licensed to serve. A group home that wishes to renew a license issued
11under sub. (1) shall pay the fee under this paragraph by the renewal date of the
12license. A new group home shall pay the fee under this paragraph no later than 30
13days before the opening of the group home.

AB150,972,2015 48.627 (2) (c) The department shall conduct a study to determine the
16cost-effectiveness of purchasing insurance to provide standard homeowner's or
17renter's liability insurance coverage for applicants who are granted a waiver under
18par. (b). If the department determines that it would be cost-effective to purchase
19such insurance, it may purchase the insurance from the appropriations under s.
2020.435 (6) (3) (cf) and (7) (pd).

AB150,973,722 48.627 (2c) The department shall determine the cost-effectiveness of
23purchasing private insurance that would provide coverage to foster, treatment foster

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1and family-operated group home parents for acts or omissions by or affecting a child
2who is placed in a foster home, a treatment foster home or a family-operated group
3home. If this private insurance is cost-effective and available, the department shall
4purchase the insurance from the appropriations under s. 20.435 (6) (3) (cf) and (7)
5(pd). If the insurance is unavailable, payment of claims for acts or omissions by or
6affecting a child who is placed in a foster home, a treatment foster home or a
7family-operated group home shall be in accordance with subs. (2m) to (3).

AB150,973,159 48.627 (2m) Within the limits of the appropriations under s. 20.435 (6) (3) (cf)
10and (7) (pd), the department shall pay claims to the extent not covered by any other
11insurance and subject to the limitations specified in sub. (3), for bodily injury or
12property damage sustained by a licensed foster, treatment foster or family-operated
13group home parent or a member of the foster, treatment foster or family-operated
14group home parent's family as a result of the act of a child in the foster, treatment
15foster or family-operated group home parent's care.

AB150,973,2017 48.627 (2s) (intro.)  Within the limits of the appropriations under s. 20.435 (6)
18(3) (cf) and (7) (pd), the department may pay claims to the extent not covered by any
19other insurance and subject to the limitations specified in sub. (3), for all of the
20following:

AB150,974,722 48.627 (3) (f) If the total amount of the claims approved during any calendar
23quarter exceeds 25% of the total funds available during the fiscal year for purposes
24of this subsection plus any unencumbered funds remaining from the previous
25quarter, the department shall prorate the available funds among the claimants with

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1approved claims. The department shall also prorate any unencumbered funds
2remaining in the appropriation under s. 20.435 (6) (3) (cf) at the end of each fiscal
3year among the claimants whose claims were prorated during the fiscal year.
4Payment of a prorated amount from unencumbered funds remaining at the end of
5the fiscal year constitutes a complete payment of the claim for purposes of this
6program, but does not prohibit a foster parent or treatment foster parent from
7submitting a claim under s. 16.007 for the unpaid portion.

AB150,974,149 48.627 (4) Except as provided in s. 895.485, the department is not liable for any
10act or omission by or affecting a child who is placed in a foster home, treatment foster
11home or family-operated group home, but shall, as provided in this section, pay
12claims described under sub. (2m) and may pay claims described under sub. (2s) or
13may purchase insurance to cover such claims as provided for under sub. (2c), within
14the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd).

AB150,975,516 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's
17parent or guardian or the department of health and social services, the department
18of corrections, a county department or a child welfare agency licensed to place
19children in foster homes or treatment foster homes may place a child or negotiate or
20act as intermediary for the placement of a child in a foster home, treatment foster
21home or group home. Voluntary agreements under this subsection may not be used
22for placements in facilities other than foster, treatment foster or group homes and
23may not be extended. A foster home or treatment foster home placement under a
24voluntary agreement may not exceed 6 months. A group home placement under a
25voluntary agreement may not exceed 15 days. These time limitations do not apply

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1to placements made under ss. 48.34 and 48.345. Voluntary agreements may be made
2only under this subsection and shall be in writing and shall specifically state that the
3agreement may be terminated at any time by the parent or by the child if the child's
4consent to the agreement is required. The child's consent to the agreement is
5required whenever the child is 12 years of age or older.

AB150,975,107 48.64 (1) Definition. In this section, "agency" means the department of health
8and social services, the department of corrections, a county department or a licensed
9child welfare agency authorized to place children in foster homes or treatment foster
10homes.

AB150,975,1912 48.65 (1) No person may for compensation provide care and supervision for 4
13or more children under the age of 7 for less than 24 hours a day unless that person
14obtains a license to operate a day care center from the department. To obtain a
15license under this subsection to operate a day care center, a person must meet the
16minimum requirements for a license established by the department under s. 48.67,
17conduct the background investigations specified in sub. (1m), if applicable, and pay
18the license fee under sub. (3). A license issued under this subsection is valid for 2
19years after the date of issuance, unless sooner revoked or suspended.

AB150,975,2421 48.65 (1m) (a) Before applying for initial licensure or license renewal, an
22applicant for a license to provide care and supervision for 9 or more children, with
23the assistance of the department of justice, shall conduct a background investigation
24of each employe or prospective employe of the applicant.

AB150,976,9

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1(b) If the person being investigated under par. (a) is a nonresident, or if at any
2time within the 5 years preceding the date of the investigation that person has been
3a nonresident, or if the applicant determines that the person's employment, licensing
4or state court records provide a reasonable basis for further investigation, the
5applicant shall require the person to be photographed and fingerprinted on 2
6fingerprint cards, each bearing a complete set of the person's fingerprints. The
7department of justice may provide for the submission of the fingerprint cards to the
8federal bureau of investigation for the purposes of verifying the identity of the person
9fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,976,1110 (c) Upon request, a person being investigated under par. (a) shall provide the
11applicant with all of the following information:

AB150,976,1212 1. The person's name.

AB150,976,1313 2. The person's social security number.

AB150,976,1514 3. Other identifying information, including the person's birthdate, sex, race
15and any identifying physical characteristics.

AB150,976,2416 (d) An applicant may employ a person conditioned on the receipt of a
17satisfactory background investigation. An applicant may not employ any person who
18has been convicted of a violation of ch. 161 that is punishable as a felony, who has had
19imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632,
20939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944
21or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70,
22except that an applicant may employ a person who has been convicted of a violation
23of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the
24date of the investigation.

AB150,977,2

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1(e) An applicant shall keep confidential all information received under this
2subsection from the department of justice or the federal bureau of investigation.

AB150,977,134 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day
5care center that provides care and supervision for 4 to 8 children, the day care center
6must pay to the department a biennial fee of $50. Before the department may issue
7a license under sub. (1) to a day care center that provides care and supervision for
89 or more children, the day care center must pay to the department a biennial fee of
9$25, plus a biennial fee of $5 $10 per child, based on the number of children that the
10day care center is licensed to serve. A day care center that wishes to renew a license
11issued under sub. (1) shall pay the applicable fee under this paragraph by the
12renewal date of the license. A new day care center shall pay the applicable fee under
13this paragraph no later than 30 days before the opening of the day care center.

AB150,978,2 1548.67 Rules governing child welfare agencies, day care centers, foster
16homes, treatment foster homes, group homes, shelter care facilities and
17county departments. The department shall promulgate rules establishing
18minimum requirements for the issuance of licenses to, and establishing standards
19for the operation of, child welfare agencies, day care centers, foster homes, treatment
20foster homes, group homes, shelter care facilities and county departments. These
21rules shall be designed to protect and promote the health, safety and welfare of the
22children in the care of all licensees. The department shall consult with the

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1department of industry, labor and human relations development and the department
2of public instruction before promulgating these rules.

AB150,978,186 46.48 (16) (a) A private, nonprofit organization may apply to the department
7for a grant from the appropriations under s. 20.435 (7) (de) and (pm) The department
8shall distribute not more than $37,500 in each fiscal year as grants to private,
9nonprofit organizations to recruit African American foster parents, including
10African American prospective adoptive parents, in communities that have a high
11percentage of African American children and a high percentage of children in
12out-of-home placements. The department shall review the applications submitted
13under this section paragraph and determine the number of grants that will be
14awarded, which of the applicants will receive grants and the amount of each grant.
15A private, nonprofit organization receiving a grant under this section paragraph
16shall cooperate and coordinate its activities under the grant with the county
17department under s. 46.215, 46.22 or 46.23 serving the area from which the private,
18nonprofit organization recruits African American foster parents.

AB150,979,920 48.68 (1) After receipt of an application for a license, the department shall
21investigate to determine if the applicant meets the minimum requirements for a
22license adopted by the department under s. 48.67. The investigation shall include
23a background investigation as provided in sub. (1m). In determining whether to
24issue a license, the department may consider any action by the applicant, or by an
25employe of the applicant, that constitutes a substantial failure by the applicant or

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1employe to protect and promote the health, safety and welfare of a child. Upon
2satisfactory completion of this investigation and payment of the fee required under
3s. 48.22 (7) (b), 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall
4issue a license under s. 48.66 (1) or, if applicable, a probationary license under s.
548.69. At the time of initial licensure and license renewal, the department shall
6provide a foster home licensee with written information relating to the age-related
7monthly foster care rates and supplemental payments specified in s. 49.19 (12) 48.62
8(4), including payment amounts, eligibility requirements for supplemental
9payments and the procedures for applying for supplemental payments.

AB150,979,1811 48.68 (1m) (a) After receipt of an application for a license, the department, with
12the assistance of the department of justice, shall conduct a background investigation
13of the applicant. If the applicant is applying for a license to operate a day care center
14that provides care and supervision for 4 to 8 children, the department shall also
15conduct a background investigation of each employe and prospective employe of the
16applicant. If the applicant is applying for a license to operate a foster home or a
17treatment foster home, the department shall also conduct a background
18investigation of each adult who resides with the applicant.

AB150,980,419 (b) If the person being investigated under par. (a) is a nonresident, or if at any
20time within the 5 years preceding the date of the investigation that person has been
21a nonresident, or if the department determines that the person's employment,
22licensing or state court records provide a reasonable basis for further investigation,
23the department shall require the person to be photographed and fingerprinted on 2

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1fingerprint cards, each bearing a complete set of the person's fingerprints. The
2department of justice may provide for the submission of the fingerprint cards to the
3federal bureau of investigation for the purposes of verifying the identity of the person
4fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,980,65 (c) Upon request, a person being investigated under par. (a) shall provide the
6department with all of the following information:

AB150,980,77 1. The person's name.

AB150,980,88 2. The person's social security number.

AB150,980,109 3. Other identifying information, including the person's birthdate, sex, race
10and any identifying physical characteristics.

AB150,980,2011 (d) The department may issue or renew a license conditioned on the receipt of
12a satisfactory background investigation. The department may not issue a license to
13or renew the license of any person who has been convicted of a violation of ch. 161
14that is punishable as a felony, who has had imposed on him or her a penalty specified
15in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been
16convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291,
17940.34, 944.36, 948.45, 948.63 or 948.70, except that the department may issue a
18license to or renew the license of a person who has been convicted of a violation of s.
19944.30, 944.31 or 944.33 if the violation occurred 20 years or more before the date of
20the investigation.

AB150,981,221 (e) The department shall keep confidential all information received under this
22subsection from the department of justice or the federal bureau of investigation,
23except that the department may disclose any information obtained under this
24subsection to a person who is conducting a background investigation under s. 48.22

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1(7m), 48.60 (1m), 48.625 (1m), 48.65 (1m), 48.75 (1m) or 118.19 (10). Such
2information is not subject to inspection or copying under s. 19.35.

AB150,981,53 (f) The department may charge a fee for conducting a background investigation
4under this subsection. The fee may not exceed the reasonable cost of conducting the
5investigation.

AB150,981,137 48.715 (2) (bm) That a person who employs a person who has been convicted
8of a violation of ch. 161 that is punishable as a felony, who has had imposed on him
9or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or
10939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than s.
11940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, terminate the employment of that
12person immediately on receipt of the order. This paragraph includes employment of
13a person in any capacity, whether as an officer, director, agent or employe.

AB150,981,2115 48.715 (3) (intro.)  If the department provides written notice of the grounds for
16a penalty, an explanation of the types of penalties that may be imposed under this
17subsection and an explanation of the process for appealing a penalty imposed under
18this subsection, the department may impose any of the following penalties against
19a licensee or any other person who violates a provision of licensure under s. 48.70 (1)
20or rule promulgated by the department under s. 48.67 or who fails to comply with an
21order issued under sub. (2) by the time specified in the order:

AB150,982,3

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148.715 (3) (a) (intro.) A daily forfeiture amount per violation of not less than
2$10 nor more than $50 $1,000. All of the following apply to a forfeiture under this
3paragraph:

AB150,982,105 48.715 (3) (a) 1. Within the limits specified in this paragraph, the department
6may, by rule, set daily forfeiture amounts and payment deadlines based on the size
7and type of facility or agency and the seriousness of the violation. As part of the order,
8the The department may set daily forfeiture amounts that increase periodically
9within the statutory limits if there is continued failure to comply with an order issued
10under sub. (2).

AB150,982,2512 48.75 (1) Child welfare agencies, if licensed to do so by the department, and
13county departments may license foster homes and treatment foster homes . After
14receipt of an application for a license, the child welfare agency or county department
15shall investigate to determine if the applicant meets the minimum requirements for
16a license under the rules promulgated by the department under s. 48.67 governing
17the licensing of foster homes and treatment foster homes. The investigation shall
18include a background investigation as provided in sub. (1m). A foster home or
19treatment foster home license shall be issued for a term not to exceed 2 years from
20the date of issuance, is not transferable and may be revoked by the child welfare
21agency or by the county department because the licensee has substantially and
22intentionally violated any provision of this chapter or of the rules of the department
23promulgated pursuant to s. 48.67 or because the licensee fails to meet the minimum
24requirements for a license. The licensee shall be given written notice of any
25revocation and the grounds therefor.

AB150,983,52 48.75 (1m) (a) After receipt of an application for a license, the child welfare
3agency or county department, with the assistance of the department of justice, shall
4conduct a background investigation of the applicant and of each adult who resides
5with the applicant.

AB150,983,156 (b) If the person being investigated under par. (a) is a nonresident, or at any
7time within the 5 years preceding the date of the application has been a nonresident,
8or if the child welfare agency or county department determines that the person's
9employment, licensing or state court records provide a reasonable basis for further
10investigation, the child welfare agency or county department shall require the
11person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a
12complete set of the person's fingerprints. The department of justice may provide for
13the submission of the fingerprint cards to the federal bureau of investigation for the
14purposes of verifying the identity of the person fingerprinted and obtaining records
15of his or her criminal arrest and conviction.

AB150,983,1716 (c) Upon request, a person being investigated under par. (a) shall provide the
17child welfare agency or county department with all of the following information:

AB150,983,1818 1. The person's name.

AB150,983,1919 2. The person's social security number.

AB150,983,2120 3. Other identifying information, including the person's birthdate, sex, race
21and any identifying physical characteristics.

AB150,984,322 (d) The child welfare agency or county department may issue or renew a license
23or permit conditioned upon the receipt of a satisfactory background investigation.
24The child welfare agency or county department may not issue a license to or renew
25the license of any person who has been convicted of a violation of ch. 161 that is

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1punishable as a felony or of a violation of ch. 940, 944 or 948 or who has had imposed
2on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64,
3939.641 or 939.645.

AB150,984,114 (e) The child welfare agency or county department shall keep confidential all
5information received under this subsection from the department of justice or the
6federal bureau of investigation, except that the child welfare agency may disclose
7any information obtained under this subsection to any other child welfare agency or
8county department conducting an investigation under this subsection or to any
9person conducting an investigation under s. 48.22 (7m), 48.60 (1m), 48.625 (1m),
1048.65 (1m), 48.68 (1m) or 118.19 (10). Such information is not subject to inspection
11or copying under s. 19.35.

AB150,984,1412 (f) The child welfare agency or county department may charge a fee for
13conducting a background investigation under this subsection. The fee may not
14exceed the reasonable cost of conducting the investigation.

AB150,984,1916 48.78 (1) In this section, unless otherwise qualified, "agency" means the
17department of health and social services, the department of corrections, a county
18department, a licensed child welfare agency, a licensed day care center or a licensed
19maternity hospital.

AB150,985,221 48.78 (2) (c) Paragraph (a) does not prohibit the department of health and
22social services or a county department from using in the media a picture or

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1description of a child in the guardianship of the department or a county department
2for the purpose of finding adoptive parents for that child.

AB150,985,114 48.78 (2) (e) Paragraph (a) does not prohibit the department of health and
5social services or the department of corrections from disclosing information about an
6individual adjudged delinquent under s. 48.31 for a sexually violent offense, as
7defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge
8acting under ch. 980 or to an attorney who represents a person subject to a petition
9under ch. 980. The court in which the petition under s. 980.02 is filed may issue any
10protective orders that it determines are appropriate concerning information
11disclosed under this paragraph.