Section 57.56. License revocation.

 

(1)  In addition to the reasons for revocation specified under ss. 48.66 (5) and 48.715 (4) and (4m) , Stats., the department may revoke a regular or probationary license under any of the following circumstances:

(a) 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.

(b) 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.

(c) The licensee failed to comply with the requirements in s. DCF 57.62 (1) and (3) .

(2)  Upon receipt of a notice of revocation, the licensee may not admit any child for care to the group home without written approval of the department. By the effective date of a license revocation, the licensee shall have arranged for discharge of the residents in the manner specified under s. DCF 57.20 (6) .

(2m)  

(a) If the department determines not to grant a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision. Revocation of a license shall take effect either immediately upon notification or 30 days after the date of the notice unless the decision is appealed under s. DCF 57.58 . Whether the revocation shall take effect immediately upon notification or 30 days after the date of the notice shall be determined in accordance with the criteria found under s. 48.715 (4m) (a) and (b) , Stats.

(b) Upon receipt of the notice of revocation, and during any revocation proceedings that may result, the licensee may not accept for care any child not enrolled as of the date of receipt of the notice without written approval of the department's licensing representative.

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