AB479: Bill Text

AB479,17,12 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if the person is a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime; that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday; or that the person has had a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128 entered against him or her not more than 15 years before the date of the investigation under sub. (2) (b) 2.

AB479, s. 23 Section 23. 48.685 (5) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB479,18,4 48.685 (5) (a) Subject to par. pars. (bm) and (br), the department may license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the contracted agency, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.

AB479, s. 24 Section 24. 48.685 (5) (br) of the statutes is created to read:

AB479,18,14 48.685 (5) (br) For purposes of licensing a person to operate a day care center under s. 48.65, certifying a day care provider under s. 48.651, or contracting with a person under s. 120.13 (14) to operate a day care center or of permitting a person to be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day care center or day care provider, no person who has been convicted or adjudicated delinquent on or after his or her 12th birthday for committing any of the following offenses or who is the subject of a pending charge or delinquency petition alleging that the person has committed any of the following offenses on or after his or her 12th birthday may be permitted to demonstrate that he or she has been rehabilitated:

AB479,18,16 1. An offense under ch. 948 that is a felony, other than a violation of s. 948.22 (2) or 948.51 (2).

AB479,18,18 2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (4), (5), or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

AB479,18,21 3. A violation of s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), or 943.32 (2).

AB479,18,23 4. A misdemeanor involving sexual abuse, child abuse, or domestic abuse, if the person has ever been convicted or adjudicated delinquent for committing any felony.

AB479,19,5 5. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.12, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, 940.22 (2) or (3), 940.25, 940.285 (2), 940.295, 942.09 (2), or 948.22 (2), a violation of s. 948.51 (2) that is a felony under s. 948.51 (3) (b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if the person has ever been convicted or adjudicated delinquent for any other crime.

AB479,19,10 6. A violation listed in subd. 5., if the person has never been convicted or adjudicated delinquent for committing any other crime and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less than 10 years before the date of the investigation under sub. (2) (am) or (b) 1.

AB479,19,17 7. A misdemeanor involving sexual abuse, child abuse, or domestic abuse, if the person has never been convicted or adjudicated delinquent for committing a felony, but has ever been convicted or adjudicated delinquent for committing any other misdemeanor, and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less than 10 years before the date of the investigation under sub. (2) (am) or (b) 1.

AB479,19,22 8. A misdemeanor involving sexual abuse, child abuse, or domestic abuse, if the person has never been convicted or adjudicated delinquent for committing any other misdemeanor and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less than 5 years before the date of the investigation under sub. (2) (am) or (b) 1.

AB479, s. 25 Section 25. 48.685 (5c) (a) of the statutes is amended to read:

AB479,20,4 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department, an agency contracted with under s. 48.651 (2), or a child welfare agency that he or she has been rehabilitated may appeal to the secretary or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB479, s. 26 Section 26. 48.685 (6) (am) of the statutes is amended to read:

AB479,20,13 48.685 (6) (am) Every Except as provided in this paragraph, every 4 years an entity shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department. Every 90 days a day care center that is licensed under s. 48.65 or established or contracted with under s. 120.13 (14) or a day care provider that is certified under s. 48.651 shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the day care center or day care provider by the department.

AB479, s. 27 Section 27. 48.685 (6) (b) 2. of the statutes is amended to read:

AB479,20,20 48.685 (6) (b) 2. For caregivers who are licensed or certified by a county department or an agency contracted with under s. 48.651 (2), for persons who are nonclient residents of an entity that is licensed or certified by a county department or an agency contracted with under s. 48.651 (2), and for other persons specified by the department by rule, the entity shall send the background information form to the county department or contracted agency.

AB479, s. 28 Section 28. 48.685 (8) of the statutes is amended to read:

AB479,21,4 48.685 (8) The department, the department of health services, a county department, an agency contracted with under s. 48.651 (2), a child welfare agency, or a school board may charge a fee for obtaining the information required under sub. (2) (am), (ar), or (3) (a) or (am) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB479, s. 29 Section 29. 48.715 (4g) of the statutes is created to read:

AB479,21,13 48.715 (4g) (a) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a day care center is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care center is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department shall revoke the license of the day care center immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.

AB479,21,24 (b) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a day care center is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care center is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department shall immediately suspend the license of the day care center until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be licensed to operate a day care center.

AB479,22,9 (c) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a day care center or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care center has entered against him or her a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the department shall investigate the circumstances giving rise to the temporary restraining order or injunction and may suspend or revoke the license of the day care center, depending on the gravity of those circumstances, as determined by the department.

AB479, s. 30 Section 30. 49.133 (intro.) of the statutes is renumbered 49.133 (1m) (b) and amended to read:

AB479,22,21 49.133 (1m) (b) The If a child care provider is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty, or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or a county department under s. 46.215, 46.22, or 46.23 may shall refuse to pay a the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program if any of the following applies to the child care provider, employee or person living on the premises where child care is provided: beginning on the date of the conviction or delinquency adjudication.

AB479, s. 31 Section 31. 49.133 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 49.133 (2m) (a) and amended to read:

AB479,23,5 49.133 (2m) (a) The person has been convicted of a felony or misdemeanor that or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, as defined in s. 48.685 (1) (c) 3m., but the department or, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.

AB479, s. 32 Section 32. 49.133 (1m) (a) of the statutes is created to read:

AB479,23,8 49.133 (1m) (a) In this subsection, "crime involving financial dishonesty" means an offense under subch. III or IV of ch. 943.

AB479, s. 33 Section 33. 49.133 (1m) (c) of the statutes is created to read:

AB479,23,20 49.133 (1m) (c) If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department or county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.

AB479, s. 34 Section 34. 49.133 (1m) (d) of the statutes is created to read:

AB479,24,5 49.133 (1m) (d) If a child care provider or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider has entered against him or her a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the department or county department under s. 46.215, 46.22, or 46.23 shall investigate the circumstances giving rise to the temporary restraining order or injunction and may suspend or discontinue payments to the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program, depending on the gravity of those circumstances, as determined by the department or county department.

AB479, s. 35 Section 35. 49.133 (2) of the statutes is renumbered 49.133 (2m) (b) and amended to read:

AB479,24,12 49.133 (2m) (b) The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), and is the subject of a pending criminal charge that the department or, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.

AB479, s. 36 Section 36. 49.133 (2m) (intro.) of the statutes is created to read:

AB479,24,18 49.133 (2m) (intro.) The department or a county department under s. 46.215, 46.22, or 46.23 may refuse to pay a child care provider for child care provided under s. 49.132, 1995 stats., or any other program if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider:

AB479, s. 37 Section 37. 49.133 (3) of the statutes is renumbered 49.133 (2m) (c).

AB479, s. 38 Section 38. 49.133 (4) of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 49.133 (2m) (c).

AB479, s. 39 Section 39. 49.155 (7) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed and recreated to read:

AB479,25,3 49.155 (7) Refusal to pay child care providers. (a) 1. In this paragraph, "crime involving financial dishonestly" means an offense under subch. III or IV of ch. 943.

AB479,25,11 2. If a child care provider is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty, or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to pay the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.

AB479,25,22 3. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.

AB479,26,6 4. If a child care provider or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider has entered against him or her a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the department or county department under s. 46.215, 46.22, or 46.23 shall investigate the circumstances giving rise to the temporary restraining order or injunction and may suspend or discontinue payments to the child care provider for any child care provided under this section, depending on the gravity of those circumstances, as determined by the department or county department.

AB479,26,11 (b) The department or the county department under s. 46.215, 46.22, or 46.23 may refuse to pay a child care provider for child care provided under this section if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider:

AB479,26,18 1. The person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for committing an offense that is not a serious crime, as defined in s. 48.685 (1) (c) 3m., but the department, county department, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.

AB479,26,22 2. The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), and is the subject of a pending criminal charge that the department, county department, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.

AB479,26,24 3. The person has been determined under s. 48.981 to have abused or neglected a child.

AB479,27,3 4. The department or county department reasonably suspects that the person has violated any provision under the program under this section or any rule promulgated under this section.

AB479, s. 40 Section 40. 49.197 (6) of the statutes is created to read:

AB479,27,14 49.197 (6) Reporting to law enforcement authorities. (a) If any employee of the department, a county, or a tribal governing body reasonably suspects fraudulent activity as described in sub. (1m) or (2) (b), the employee shall immediately report the facts and circumstances contributing to that suspicion to the district attorney. The district attorney shall keep the identity of the reporter confidential until the district attorney determines that the report merits further investigation. If the district attorney conducts a full investigation, the district attorney shall keep the identity of the reporter confidential if it is reasonably possible to do so. Any person who fails to report as required in this paragraph may be fined not more than $1,000 or imprisoned not more than 6 months or both.

AB479,27,20 (b) Any person participating in good faith in the making of a report under par. (a) or in initiating, participating in, or testifying in, any action or proceeding in which fraudulent activity as described in sub. (1m) or (2) (b) is alleged shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under par. (a) shall be presumed.

AB479,28,4 (c) The department, a county, a tribal governing body, or an employee of the department, a county, or a tribal governing body may not take disciplinary action against, or threaten to take disciplinary action against, any person because the person in good faith reported any information under par. (a) or initiated, participated in, or testified in, any action or proceeding in which fraudulent activity described in sub. (1m) or (2) (b) was alleged or because the department, county, tribal governing body, or employee believes that the person in good faith reported any information under par. (a) or initiated, participated in, or testified in, such an action or proceeding.

AB479,28,11 (d) Any employee of the department, a county, or a tribal governing body who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of par. (c) may file a complaint with the department of workforce development under s. 106.54 (9). If that department finds that a violation of par. (c) has been committed, that department may take such action under s. 111.39 as will effectuate the purpose of this section. Section 111.322 (2m) applies to a disciplinary action arising in connection with any proceeding under this paragraph.

AB479, s. 41 Section 41. 49.845 (4) of the statutes is renumbered 49.845 (4) (a) and amended to read:

AB479,29,3 49.845 (4) (a) Notwithstanding s. 49.197 (1m) and (3), the department of children and families may contract with the department of health services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19 and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the department of health services reasonably suspects fraudulent activity as described in this paragraph, the employee shall immediately report the facts and circumstances contributing to that suspicion to the district attorney. The district attorney shall keep the identity of the reporter confidential until the district attorney determines that the report merits further investigation. If the district attorney conducts a full investigation, the district attorney shall keep the identity of the reporter confidential if it is reasonably possible to do so. Any person who fails to report as required in this paragraph may be fined not more than $1,000 or imprisoned not more than 6 months or both.

AB479, s. 42 Section 42. 49.895 (4) (b), (c) and (d) of the statutes are created to read:

AB479,29,10 49.895 (4) (b) Any person participating in good faith in the making of a report under par. (a) or in initiating, participating in, or testifying in, any action or proceeding in which fraudulent activity as described in par. (a) is alleged shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under par. (a) shall be presumed.

AB479,29,17 (c) The department of health services or an employee of that department may not take disciplinary action against, or threaten to take disciplinary action against, any person because the person in good faith reported any information under par. (a) or initiated, participated in, or testified in, any action or proceeding in which fraudulent activity as described in par. (a) was alleged or because that department or employee believes that the person in good faith reported any information under par. (a) or initiated, participated in, or testified in, such an action or proceeding.

AB479,29,24 (d) Any employee of the department of health services who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of par. (c) may file a complaint with the department of workforce development under s. 106.54 (9). If that department finds that a violation of par. (c) has been committed, that department may take such action under s. 111.39 as will effectuate the purpose of this section. Section 111.322 (2m) applies to a disciplinary action arising in connection with any proceeding under this paragraph.

AB479, s. 43 Section 43. 106.54 (9) of the statutes is created to read:

AB479,30,3 106.54 (9) The division shall receive complaints under s. 49.197 (6) (d) or 49.845 (4) (d) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

AB479, s. 44 Section 44. 111.322 (2m) (bm) of the statutes is created to read:

AB479,30,7 111.322 (2m) (bm) The individual files a complaint or attempts to enforce a right under s. 49.197 (6) (d) or 49.845 (4) (d) or testifies or assists in any action or proceeding under s. 49.197 (6) (d) or 49.845 (4) (d).

AB479, s. 45 Section 45. 120.13 (14) of the statutes is renumbered 120.13 (14) (a).

AB479, s. 46 Section 46. 120.13 (14) (b) of the statutes is created to read:

AB479,30,17 120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a day care program is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care program is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the school board shall rescind the contract of the contractor immediately upon providing written notice of the rescission and the grounds for the rescission and an explanation of the process for appealing the rescission.

AB479,31,2 2. If a person who has contracted under par. (a) to provide a day care program is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care program is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the school board shall immediately suspend the contract of the contractor until the school board obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to provide a day care program under this subsection.

AB479,31,10 3. If a person who has contracted under par. (a) to provide a day care program or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care program has entered against him or her a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the school board shall investigate the circumstances giving rise to the temporary restraining order or injunction and may suspend or rescind the contract of the contractor, depending on the gravity of those circumstances, as determined by the school board.

AB479, s. 47 Section 47. Initial applicability.

AB479,31,19 (1) Retroactive application. This act first applies to a decision to deny, suspend, revoke, rescind, or refuse to renew a license under section 48.65 of the statutes, a certification under section 48.651 of the statutes, or a contract under section 120.13 (14) of the statutes, or to refuse to pay a child care provider under section 49.133 or 49.155 (7) of the statutes, made on the effective date of this subsection, notwithstanding that the conviction, adjudication, charge, temporary restraining order, or injunction on which the decision is based was obtained, filed, or granted before the effective date of this subsection.

AB479, s. 48 Section 48. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB479,32,2 (1) Elimination of treatment foster homes. The repeal and recreation of section 48.685 (4m) (ad) of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes.

AB479,32,3 (End)