Wisconsin Legislature: 289,73

48.57 (3t) Notwithstanding subs. (3m) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe to allow that governing body to administer the program under subs. (3m) and (3p) within the boundaries of that reservation.

289,71m Section 71m. 48.65 (1m) of the statutes is created to read:

48.65 (1m) (a) In this subsection, “adult resident" means a person 18 years of age or over who lives at a day care center licensed under this section or contracted for under s. 120.13 (14) with the intent of making that day care center his or her home or who lives for more than 30 days cumulative in any 6-month period at a day care center licensed under this section or contracted for under s. 120.13 (14).

(b) 1. After receipt of an application for a license to operate a day care center or a referral from a school board under s. 120.13 (14), the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant or person referred.

2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of any person who, on the effective date of this subdivision .... [revisor inserts date], is a day care provider licensed under this section or contracted for under s. 120.13 (14) or who, on the effective date of this subdivision .... [revisor inserts date], has an application for licensure or a contract offer pending, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on the person's application for license or contract renewal, whichever is earlier.

(c) 1. After receipt of an application for a license to operate a day care center or a referral from a school board under s. 120.13 (14), the department of health and family services, with the assistance of the department of justice, shall , in addition to the investigation under par. (b), conduct a background investigation of each employe and prospective employe of the applicant or person referred who has or would have regular contact with a child receiving care from the applicant or person referred and of each adult resident.

2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on the effective date of this subdivision .... [revisor inserts date], is licensed under this section or contracted for under s. 120.13 (14) or who, on the effective date of this subdivision .... [revisor inserts date], has an application for licensure or a contract offer pending, within 6 months after that date or on the person's application for license or contract renewal, whichever is earlier , and shall conduct a background investigation of each employe and prospective employe of that person who has or would have regular contact with any child receiving care from that person.

3. Subject to subd. 2., the department of health and family services may, at the time of renewal of the license or contract of a day care provider licensed under this section or contracted for under s. 120.13 (14) or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving day care from the day care provider or of any adult resident of the day care provider.

4. Except as provided in par. (f) 2., before a day care provider that is licensed under this section or contracted for under s. 120.13 (14) may employ any person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit any person to be an adult resident, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 3.

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

(e) Upon request, a person being investigated under par. (b) or (c) shall provide the department of health and family services with all of the following information:

1. The person's name.

2. The person's social security number.

3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under s. 48.67.

(f) 1. The department of health and family services may not license a person as a day care provider under this section and a school board may not contract with a person under s. 120.13 (14) until the department or school board receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The department of health and family services may license a person as a day care provider under this section and a school board may contract with a person under s. 120.13 (14) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3. The department of health and family services may issue a probationary license and a school board may enter into a provisional contract pending receipt of the information required under this subdivision.

2. A day care provider that is licensed under this section or contracted for under s. 120.13 (14) may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident until the department of health and family services or school board receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the department of health and family services or school board so advises the day care provider. A day care provider that is licensed under this section or contracted for under s. 120.13 (14) may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3. A day care provider that is licensed under this section or contracted for under s. 120.13 (14) may provisionally employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or provisionally permit a person to be an adult resident if the day care provider states to the department of health and family services or school board that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the day care provider to care for the child. A day care provider may not finally employ a person in a position in which that person would have regular contact with the child for whom that provider is providing care unless the department of health and family services or school board receives information from the department of justice indicating that the person's conviction record under the laws of this states is satisfactory according to the criteria specified in par. (g) 1. to 3. and the department of health and family services or school board so advises the day care provider.

(g) Subject to par. (h), the department of health and family services may not license a person to be a day care provider under this section, a school board may not contract with a person under s. 120.13 (14) and a day care provider licensed under this section or contracted with under s. 120.13 (14) may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident if any of the following applies:

1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the department of health and family services may license a person to be a day care provider under this section, a school board may contract with a person under s. 120.13 (14) and a day care provider licensed under this section or contracted for under s. 120.13 (14) may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

(h) 1. Notwithstanding par. (g), a person whose application for initial licensure or renewal of a license under this section has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department for a review of that denial. If the department determines that issuing or renewing the license would be in the best interests of a child, the department shall order that the license be issued or renewed.

2. Notwithstanding par. (g), a person whose application for an initial contract or renewal of a contract under s. 120.13 (14) has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the school board for a review of that denial. If the school board determines that entering into or renewing the contract would be in the best interests of a child, the school board shall enter into or renew the contract.

3. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.

(i) School boards and the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

(j) The department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

289,72 Section 72 . 48.651 of the statutes is renumbered 48.651 (1) (intro.) and amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department under s. 46.03 (21), each day care provider from whom it purchases services under s. 46.036 on or after January 1, 1985, and each day care provider that provides day care services to parents pursuant to a voucher provided under s. 46.98 (3) (c) on or after January 1, 1985 reimbursed for child care services provided to families determined eligible under s. 46.98 (2r) and (4), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

289,73 Section 73 . 48.651 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department under s. 46.03 (21), each day care provider reimbursed for child care services provided to families determined eligible under ss. 46.98 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

289,74 Section 74 . 48.651 (1) (a) and (b) of the statutes are created to read:

48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 46.03 (21). The county shall require 15 hours of training for a provider certified under this paragraph. No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care. The department may establish by rule other requirements for certification under this paragraph.

(b) Level II certified family day care providers, as established by the department under s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers. The department may establish by rule requirements for certification under this paragraph.

289,75 Section 75 . 48.651 (2) of the statutes is created to read:

48.651 (2) (a) In this subsection, “adult resident" means a person 18 years of age or over who lives at the home of a person who is a day care provider certified under this section with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who is a day care provider certified under this section.

(b) 1. Before initially certifying a Level I certified family day care provider under sub. (1) (a) or a Level II certified family day care provider under sub. (1) (b), the county department, with the assistance of the department of justice, shall conduct a background investigation of the certification applicant.

2. The county department, with the assistance of the department of justice, shall conduct a background investigation of any person who, on the effective date of this subdivision .... [revisor inserts date], is a day care provider certified under this section or who, on the effective date of this subdivision .... [revisor inserts date], has an application for certification pending, within 6 months after the effective date of this subdivision .... [revisor inserts date], or on the person's application for renewal, whichever is earlier.

3. Subject to subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section, or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.

(c) 1. Before initially certifying a Level I certified family day care provider under sub. (1) (a) or a Level II certified family day care provider under sub. (1) (b), the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of all of the employes and prospective employes of the certification applicant who have or would have regular contact with a child receiving care from the day care provider and of each adult resident.

2. The county department, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on the effective date of this subdivision .... [revisor inserts date], is certified under this section or who, on the effective date of this subdivision .... [revisor inserts date], has an application for certification pending, within 6 months after that date or on the person's application for renewal, whichever is earlier, and shall conduct a background investigation of all of the employes and prospective employes of that person who have or would have regular contact with any child receiving care from the day care provider.

3. Subject to subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving care from the day care provider or of any adult resident of the day care provider.

4. Before a day care provider that is certified under this section may employ any person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 3.

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

(e) Upon request, a person being investigated under par. (b) or (c) shall provide the county department with all of the following information:

1. The person's name.

2. The person's social security number.

3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

(f) 1. A county department may not certify a person as a day care provider under this section until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. A county department may certify a person as a day care provider under this section conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3. A county department may grant provisional certification pending the receipt of the information required under this subdivision.

2. A day care provider that is certified under this section may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the day care provider. A day care provider that is certified under this section may employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

(g) Subject to par. (h), a county department may not certify a person to be a day care provider under this section and a day care provider certified under this section may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident if any of the following applies:

3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the county department may certify a person to be a day care provider under this section and a day care provider certified under this section may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

(h) Notwithstanding par. (g), a person whose application for initial certification or renewal of a certification under this section has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department for a review of that denial. If the department determines that issuing or renewing the certification would be in the best interests of a child, the department shall order that the certification be issued or renewed. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.

(i) A county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the county department may disclose any information obtained under this subsection to any other county department conducting an investigation under this subsection. Such information is not subject to inspection or copying under s. 19.35.

(j) A county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

289,76 Section 76 . 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443, is amended to read:

48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. No person making a report under this subsection may be discharged from employment for so doing.

289,77 Section 77 . 49.001 (9) of the statutes is created to read:

49.001 (9) “Wisconsin works agency" means a person under contract under s. 49.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, “Wisconsin works agency" means the department of industry, labor and job development.

289,78 Section 78 . 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or has participated in a Wisconsin works employment position under s. 49.147 (3) to (5) or in which aid to families with dependent children or, supplemental security income benefits are or a Wisconsin works employment position is immediately available to the individual.

289,79 Section 79 . 49.124 (1m) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.124 (1m) (a) and amended to read:

49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section. Except as provided in pars. (b) and (bm), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position, as defined in s. 49.141 (1) (r), to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, and except as provided in par. (cm), the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed the amount of food stamp benefits divided by the applicable federal minimum wage, or 40 hours per week, whichever is less.

289,80 Section 80 . 49.124 (1m) (b) and (bm) of the statutes are created to read:

49.124 (1m) (b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a).

(bm) The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under par. (a) if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program or an institution of higher education.

289,81 Section 81 . 49.124 (1m) (c) of the statutes is created to read:

49.124 (1m) (c) The amount of food stamp benefits paid to the recipient in a subsequent month shall be determined as follows:

1. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.

2. The department shall subtract the total number of hours determined under subd. 1. from the recipient's total number of hours of required participation in that month.

3. The department shall multiply the number of hours determined under subd. 2. by the federal minimum hourly wage under 29 USC 206 (a) (1).

4. The department shall subtract the dollar amount determined under subd. 3. from the amount of food stamp benefits that the recipient's family would have received if he or she had participated for the total number of assigned hours.

289,81c Section 81c. 49.124 (1m) (cm) of the statutes is created to read:

49.124 (1m) (cm) Notwithstanding par. (c), the amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.

289,81e Section 81e. 49.124 (1p) of the statutes is created to read:

49.124 (1p) Waiver. (a) The department shall request a waiver from the secretary of the federal department of agriculture to permit the application of par. (b). Paragraph (b) does not apply unless a waiver is granted and in effect.

(b) The department shall modify eligibility and benefit amounts under the food stamp program to provide for a graduated schedule of benefits based on income in the manner described in the waiver under par. (a).

289,81g Section 81g. 49.124 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.124 (2) Liability for lost food coupons. (a) A county or, federally recognized American Indian tribe or Wisconsin works agency is liable for all food stamp coupons lost, misappropriated or destroyed while under the county's or, tribe's or Wisconsin works agency's direct control, except as provided in par. (b).

(b) A county or, federally recognized American Indian tribe or Wisconsin works agency is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.

(c) A county or, federally recognized American Indian tribe or Wisconsin works agency is liable for food stamp coupons mailed to residents of the county or , members of the tribe or participants in the Wisconsin works program and lost in the mail due to incorrect information submitted to the department by the county or, tribe or Wisconsin works agency.

289,83 Section 83 . 49.125 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.125 (1) The department, or a county or, an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k) or, 46.22 (1) (b) 2. d. or 49.143 (2) (e). Recovery shall be made in accordance with 7 USC 2022.

289,83e Section 83e. 49.138 (title), (2) and (3) of the statutes are created to read:

49.138 (title) Emergency assistance for families with needy children.

(2) Emergency assistance provided to a person under sub. (1) (c) may be provided once in a 12-month period.