Section 57.50. Licensure prohibited.

 

(1)  The department shall not license a person if any one of the following circumstances exists:

(a) The department has received certification pursuant to s. 49.857 (2) , Stats., that the applicant or licensee has failed to pay court-ordered payments of child or family support or expenses related to the support of a child or former spouse or has failed to comply with a subpoena or warrant by the department of or a county child support agency related to paternity or child support proceedings.

(b) The department has received certification pursuant to s. 73.0301 , Stats., from the department of revenue certifying that the applicant or licensee has a delinquent tax liability.

(c) The licensee or applicant has given false information to a government agency, failed to submit a complete application, withheld relevant information, or failed to pay any fee, forfeiture or assessment due to a government agency.

(2)  The department may deny a license if any one of the following circumstances exists:

(a) A person has behavior or a mental or physical condition that gives reasonable concern for the safety of residents.

(b) Another group home operated by the licensee is in substantial non-compliance with the licensing rules or has outstanding fines or forfeitures.

(c) If an applicant, owner, or licensee, a proposed or current staff member, volunteer, household member or any other person who has or will have contact with residents is any of the following:

1. A person who is the subject of a pending criminal charge or who has been convicted of a felony or misdemeanor that substantially relates to the care of children or activities of the group home.

2. A person who has been determined by a government agency to have abused or neglected a child or who has been determined to have committed an offense that is substantially related to the care of children or activities of the group home.

3. A person against whom a finding of abuse or neglect or of a misappropriation of property of a client has been entered on the Wisconsin caregiver registry maintained by the department pursuant to ch. DHS 13 .

4. A person who is the subject of a court finding that the person has abandoned, abused, or neglected a child.

5. A person who fails to submit a background information disclosure form completed under the requirements of s. 48.685 , Stats., and ch. DCF 12 , and this chapter, or a person who has made false statements on the background information disclosure form.

(3)  If a person's license is denied or revoked under sub. (1) , reinstatement of the license is pursuant to s. 49.857 or 73.0301 , Stats., as applicable.

CR 04-067 : cr. Register September 2005 No. 597 , eff. 1-1-06; corrections in (2) (c) 3. and 5. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 11-026 : am. (1) (a) Register December 2011 No. 672 , eff. 1-1-12; correction in (2) (c) 5. made under s. 13.92 (4) (b) 7. , Stats., Register September 2016 No. 729 .

Note

Examples of charges and offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children are: sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered. Microsoft Windows NT 6.1.7601 Service Pack 1