AB133-ASA1-AA2, s. 1159g 13Section 1159g. 48.685 (1) (ag) of the statutes is created to read:
AB133-ASA1-AA2,155,1414 48.685 (1) (ag) 1. "Caregiver" means any of the following:
AB133-ASA1-AA2,155,1615 a. A person who is, or is expected to be, an employe or contractor of an entity
16and who has, or is expected to have, direct, regular contact with clients of the entity.
AB133-ASA1-AA2,155,1817 b. A person who has, or is seeking, a license, certification or contract to operate
18an entity.
AB133-ASA1-AA2,155,2119 2. "Caregiver" does not include a person who is certified as an emergency
20medical technician under s. 146.50 if the person is employed, or seeking employment,
21at an entity as an emergency medical technician.
AB133-ASA1-AA2, s. 1159m 22Section 1159m. 48.685 (1) (ar) of the statutes is created to read:
AB133-ASA1-AA2,156,3
148.685 (1) (ar) "Contractor" means, with respect to an entity, a person, or that
2person's agent, who provides services to the entity under an express or implied
3contract or subcontract, including a person who has staff privileges at the entity.
AB133-ASA1-AA2, s. 1159r 4Section 1159r. 48.685 (1) (b) of the statutes is amended to read:
AB133-ASA1-AA2,156,125 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
648.60 to provide care and maintenance for children, to place children for adoption or
7to license foster homes or treatment foster homes; a foster home or treatment foster
8home that is licensed under s. 48.62; a group home that is licensed under s. 48.625;
9a shelter care facility that is licensed under s. 938.22; a day care center that is
10licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day
11care provider that is certified under s. 48.651; or a temporary employment agency
12that provides caregivers to another entity
.".
AB133-ASA1-AA2,156,13 13465. Page 652, line 4: after that line insert:
AB133-ASA1-AA2,156,14 14" Section 1160e. 48.685 (1) (bm) of the statutes is created to read:
AB133-ASA1-AA2,156,1715 48.685 (1) (bm) "Nonclient resident" means a person who resides, or is expected
16to reside, at an entity, who is not a client of the entity and who has, or is expected to
17have, direct, regular contact with clients of the entity.
AB133-ASA1-AA2, s. 1160f 18Section 1160f. 48.685 (1) (c) of the statutes is repealed and recreated to read:
AB133-ASA1-AA2,157,319 48.685 (1) (c) "Serious crime" means a violation of s. 940.01, 940.02, 940.03,
20940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3),
21940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055,
22948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or
23a violation of the law of any other state or United States jurisdiction that would be
24a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6),

1940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2),
2948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am),
3948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.".
AB133-ASA1-AA2,157,4 4466. Page 652, line 9: delete lines 9 to 16 and substitute:
AB133-ASA1-AA2,157,6 5" Section 1161d. 48.685 (2) (a) (intro.) of the statutes is renumbered 48.685
6(4m) (a) (intro.).
AB133-ASA1-AA2, s. 1161g 7Section 1161g. 48.685 (2) (a) 1. of the statutes is renumbered 48.685 (4m) (a)
81.
AB133-ASA1-AA2, s. 1161h 9Section 1161h. 48.685 (2) (a) 2. of the statutes is repealed.
AB133-ASA1-AA2, s. 1161i 10Section 1161i. 48.685 (2) (a) 3. of the statutes is renumbered 48.685 (4m) (a)
113.
AB133-ASA1-AA2, s. 1161j 12Section 1161j. 48.685 (2) (a) 4. of the statutes is renumbered 48.685 (4m) (a)
134.
AB133-ASA1-AA2, s. 1161k 14Section 1161k. 48.685 (2) (a) 5. of the statutes is renumbered 48.685 (4m) (a)
155.
AB133-ASA1-AA2, s. 1161m 16Section 1161m. 48.685 (2) (ad) of the statutes is renumbered 48.685 (4m) (ad)
17and amended to read:
AB133-ASA1-AA2,157,2318 48.685 (4m) (ad) The department, a county department or a child welfare
19agency may license a foster home or treatment foster home under s. 48.62, a county
20department may certify a day care provider under s. 48.651 and a school board may
21contract with a person under s. 120.13 (14), conditioned on the receipt of the
22information specified in par. sub. (2) (am) indicating that the person is not ineligible
23to be licensed, certified or contracted with for a reason specified in par. (a) 1. to 5.
AB133-ASA1-AA2, s. 1163d
1Section 1163d. 48.685 (2) (ag) (intro.) of the statutes is renumbered 48.685
2(4m) (b) (intro.) and amended to read:
AB133-ASA1-AA2,158,83 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
4sub. (5), an entity may not hire or contract with a person who will be under the
5entity's control, as defined by the department by rule, and who is expected to have
6access to its clients,
caregiver or permit a nonclient resident to reside at the entity
7a person who is not a client and who is expected to have access to a client, if the entity
8knows or should have known any of the following:
AB133-ASA1-AA2, s. 1163g 9Section 1163g. 48.685 (2) (ag) 1. of the statutes is renumbered 48.685 (4m) (b)
101. and amended to read:
AB133-ASA1-AA2,158,1711 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if
12the person is an employe, prospective employe, contractor, prospective contractor,
13nonclient residen
t or prospective a caregiver or nonclient resident of a day care
14center that is licensed under s. 48.65 or established or contracted for under s. 120.13
15(14) or of a day care provider that is certified under s. 48.651, that the person has been
16convicted of a serious crime or adjudicated delinquent on or after his or her 12th
17birthday for committing a serious crime.
AB133-ASA1-AA2, s. 1163h 18Section 1163h. 48.685 (2) (ag) 2. of the statutes is repealed.
AB133-ASA1-AA2, s. 1163i 19Section 1163i. 48.685 (2) (ag) 3. of the statutes is renumbered 48.685 (4m) (b)
203.
AB133-ASA1-AA2, s. 1163j 21Section 1163j. 48.685 (2) (ag) 4. of the statutes is renumbered 48.685 (4m) (b)
224.
AB133-ASA1-AA2, s. 1163k 23Section 1163k. 48.685 (2) (ag) 5. of the statutes is renumbered 48.685 (4m) (b)
245.
AB133-ASA1-AA2, s. 1165d 25Section 1165d. 48.685 (2) (am) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,159,11
148.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the The department,
2a county department, a child welfare agency or a school board shall obtain all of the
3following with respect to a person specified under par. (a) (intro.) and a person
4specified under par. (ag) (intro.) who is a nonclient resident or prospective
caregiver
5specified in sub. (1) (ag) 1. b., a
nonclient resident of an entity and shall obtain the
6information specified in subds. 1. to 5. with respect to
a person specified in par. (ag)
7(intro.) who is
under 18 years of age, but not under 12 years of age, and who is an
8employe, prospective employe, contractor, prospective contractor, nonclient resident
9or prospective nonclient resident
a caregiver of a day care center that is licensed
10under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
11provider that is certified under s. 48.651:
AB133-ASA1-AA2, s. 1165g 12Section 1165g. 48.685 (2) (am) 5. of the statutes is amended to read:
AB133-ASA1-AA2,159,2313 48.685 (2) (am) 5. Information maintained by the department under this
14section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial
15to the person of a license, continuation or renewal of a license, certification or a
16contract to operate an entity for a reason specified in par. sub. (4m) (a) 1. to 5. and
17regarding any denial to the person of employment at, a contract with or permission
18to reside at an entity for a reason specified in par. (ag) sub. (4m) (b) 1. to 5. If the
19information obtained under this subdivision indicates that the person has been
20denied a license, continuation or renewal of a license, certification, a contract,
21employment or permission to reside as described in this subdivision, the department,
22a county department, a child welfare agency or a school board need not obtain the
23information specified in subds. 1. to 4.
AB133-ASA1-AA2, s. 1167d 24Section 1167d. 48.685 (2) (b) 1. (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,160,4
148.685 (2) (b) 1. (intro.) Subject to subds. 1. e. and 2., and 4. par. (bd), every
2Every entity shall obtain all of the following with respect to a person specified under
3par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective
4contractor
caregiver of the entity:
AB133-ASA1-AA2, s. 1167g 5Section 1167g. 48.685 (2) (b) 1. e. of the statutes is amended to read:
AB133-ASA1-AA2,160,156 48.685 (2) (b) 1. e. Information maintained by the department under this
7section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial
8to the person of a license, continuation or renewal of a license, certification or a
9contract to operate an entity for a reason specified in par. sub. (4m) (a) 1. to 5. and
10regarding any denial to the person of employment at, a contract with or permission
11to reside at an entity for a reason specified in par. (ag) sub. (4m) (b) 1. to 5. If the
12information obtained under this subd. 1. e. indicates that the person has been denied
13a license, continuation or renewal of a license, certification, a contract, employment
14or permission to reside as described in this subd. 1. e., the entity need not obtain the
15information specified in subd. 1. a. to d.
AB133-ASA1-AA2, s. 1168d 16Section 1168d. 48.685 (2) (b) 2. of the statutes is repealed.
AB133-ASA1-AA2, s. 1168g 17Section 1168g. 48.685 (2) (b) 4. of the statutes is amended to read:
AB133-ASA1-AA2,160,2518 48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under
1918 years of age, but not under 12 years of age, who is an employe, prospective
20employe, contractor, prospective contractor, nonclient resident or prospective
a
21caregiver or
nonclient resident of a day care center that is licensed under s. 48.65 or
22established or contracted for under s. 120.13 (14) or of a day care provider that is
23certified under s. 48.651 and with respect to whom the department, a county
24department or a school board is required under par. (am) (intro.) to obtain the
25information specified in par. (am) 1. to 5.
AB133-ASA1-AA2, s. 1169m
1Section 1169m. 48.685 (2) (bb) of the statutes is created to read:
AB133-ASA1-AA2,161,52 48.685 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
3of a serious crime or of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08,
4947.01 or 947.013 without a recorded disposition, the department or entity shall
5make every reasonable effort to determine the disposition of the charge.
AB133-ASA1-AA2, s. 1170d 6Section 1170d. 48.685 (2) (bd) of the statutes is amended to read:
AB133-ASA1-AA2,161,207 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
8department, a child welfare agency or a school board is not required to obtain the
9information specified in par. (am) 1. to 5., and an entity is not required to obtain the
10information specified in par. (b) 1. a. to e., with respect to a person under 18 years
11of age whose background information form under sub. (6) (am) indicates that the
12person is not ineligible to be employed, contracted with or permitted to reside at an
13entity for a reason specified in par. (ag) sub. (4m) (b) 1. to 5. and with respect to whom
14the department, county department, child welfare agency, school board or entity
15otherwise has no reason to believe that the person is ineligible to be employed,
16contracted with or permitted to reside at an entity for any of those reasons. This
17paragraph does not preclude the department, a county department, a child welfare
18agency or a school board from obtaining, at its discretion, the information specified
19in par. (am) 1. to 5. with respect to a person described in this paragraph who is a
20nonclient resident or a prospective nonclient resident of an entity.
AB133-ASA1-AA2, s. 1170m 21Section 1170m. 48.685 (2) (bg) of the statutes is amended to read:
AB133-ASA1-AA2,162,922 48.685 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with
23respect to an employe, prospective employe, contractor or prospective contractor

24hires or contracts with a caregiver for whom, within the last 4 years, the information
25required under par. (b) 1. a. to c. and e. has already been obtained , either by another

1entity or by a temporary employment agency, the entity may obtain the that
2information required under par. (b) 1. a. to c. and e. from that other entity or
3temporary employment agency
, which shall provide the information, if possible, to
4the requesting entity. If an entity cannot obtain the information required under par.
5(b) 1. a. to c. and e. from another entity or from a temporary employment agency or
6if an entity has reasonable grounds to believe that any information obtained from
7another entity or from a temporary employment agency is no longer accurate, the
8entity shall obtain that information from the sources specified in par. (b) 1. a. to c.
9and e.
AB133-ASA1-AA2, s. 1170n 10Section 1170n. 48.685 (2) (bg) of the statutes, as affected by 1999 Wisconsin
11Act .... (this act), is amended to read:
AB133-ASA1-AA2,162,2012 48.685 (2) (bg) If an entity hires employs or contracts with a caregiver for
13whom, within the last 4 years, the information required under par. (b) 1. a. to c. and
14e. has already been obtained by another entity, the entity may obtain that
15information from that other entity, which shall provide the information, if possible,
16to the requesting entity. If an entity cannot obtain the information required under
17par. (b) 1. a. to c. and e. from another entity or if an entity has reasonable grounds
18to believe that any information obtained from another entity is no longer accurate,
19the entity shall obtain that information from the sources specified in par. (b) 1. a. to
20c. and e.
AB133-ASA1-AA2, s. 1171d 21Section 1171d. 48.685 (2) (bm) of the statutes is amended to read:
AB133-ASA1-AA2,163,422 48.685 (2) (bm) If the person who is the subject of the search under par. (am)
23or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding
24the date of the search that person has not been a resident of this state, the
25department, county department, child welfare agency, school board or entity shall

1make a good faith effort to obtain from any state or other United States jurisdiction
2in which the person is a resident or was a resident within the 3 years preceding the
3date of the search information that is equivalent to the information specified in par.
4(am) 1. or (b) 1. a.
AB133-ASA1-AA2, s. 1171g 5Section 1171g. 48.685 (2) (c) of the statutes is renumbered 48.685 (4m) (c) and
6amended to read:
AB133-ASA1-AA2,163,197 48.685 (4m) (c) If the background information form completed by a person
8under sub. (6) (am) indicates that the person is not ineligible to be employed or
9contracted with for a reason specified in par. (ag) (b) 1. to 5., an entity may employ
10or contract with the person for not more than 60 days pending the receipt of the
11information sought under par. sub. (2) (am) 1. to 5. or (b) 1. If the background
12information form completed by a person under sub. (6) (am) indicates that the person
13is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag)
14(b) 1. to 5. and if an entity otherwise has no reason to believe that the person is
15ineligible to be permitted to reside at an entity for any of those reasons, the entity
16may permit the person to reside at the entity for not more than 60 days pending
17receipt of the information sought under par. sub. (2) (am). An entity shall provide
18supervision for a person who is employed, contracted with or permitted to reside as
19permitted under this paragraph.
AB133-ASA1-AA2, s. 1171j 20Section 1171j. 48.685 (2) (d) of the statutes is created to read:
AB133-ASA1-AA2,163,2421 48.685 (2) (d) Every entity shall maintain, or shall contract with another
22person to maintain, the most recent background information obtained on a caregiver
23under par. (b). The information shall be made available for inspection by authorized
24persons, as defined by the department by rule.
AB133-ASA1-AA2, s. 1172d 25Section 1172d. 48.685 (3) (a) of the statutes is amended to read:
AB133-ASA1-AA2,164,11
148.685 (3) (a) Every 4 years or at any time within that period that the
2department, a county department, a child welfare agency or a school board considers
3appropriate, the department, county department, child welfare agency or school
4board shall request the information specified in sub. (2) (am) 1. to 5. for all persons
5who are licensed, certified or contracted to operate an entity and, for all persons
6specified in par. (ag) (intro.) who are nonclient residents of an entity and shall
7request the information specified in sub. (2) (am) 1. to 5.
for all persons under 18
8years of age, but not under 12 years of age, who are employes, contractors or
9nonclient residents
caregivers of a day care center that is licensed under s. 48.65 or
10established or contracted for under s. 120.13 (4) or of a day care provider that is
11certified under s. 48.651.
AB133-ASA1-AA2, s. 1172g 12Section 1172g. 48.685 (3) (b) of the statutes is amended to read:
AB133-ASA1-AA2,164,2013 48.685 (3) (b) Every 4 years or at any time within that period that an entity
14considers appropriate, the entity shall request the information specified in sub. (2)
15(b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) employes or contractors
16who are caregivers of the entity other than persons who are under 18 years of age,
17but not under 12 years of age and, who are employes, contractors or nonclient
18residents
caregivers of a day care center that is licensed under s. 48.65 or established
19or contracted for under s. 120.13 (14) or of a day care provider that is certified under
20s. 48.651.
AB133-ASA1-AA2, s. 1173d 21Section 1173d. 48.685 (3m) of the statutes is amended to read:
AB133-ASA1-AA2,165,322 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
23county department, a child welfare agency or a school board has obtained the
24information required under sub. (2) (am) or (3) (a) with respect to a person specified
25in sub. (2) (a) (intro.)
who is a caregiver specified in sub. (1) (ag) 1. b. and that person

1is also an employe, contractor or nonclient resident of an entity, the entity is not
2required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect
3to that person.
AB133-ASA1-AA2, s. 1173g 4Section 1173g. 48.685 (4) of the statutes is amended to read:
AB133-ASA1-AA2,165,75 48.685 (4) An entity that violates sub. (2) or, (3) or (4m) (b) may be required to
6forfeit not more than $1,000 and may be subject to other sanctions specified by the
7department by rule.
AB133-ASA1-AA2, s. 1173j 8Section 1173j. 48.685 (4m) (b) (intro.) of the statutes, as affected by 1999
9Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-AA2,165,1310 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
11sub. (5), an entity may not hire employ or contract with a caregiver or permit a
12nonclient resident to reside at the entity, if the entity knows or should have known
13any of the following:
AB133-ASA1-AA2, s. 1174d 14Section 1174d. 48.685 (5) (a) of the statutes is amended to read:
AB133-ASA1-AA2,166,215 48.685 (5) (a) The department may license to operate an entity, a county
16department may certify under s. 48.651, a county department or a child welfare
17agency may license under s. 48.62 and a school board may contract with under s.
18120.13 (14) a person who otherwise may not be licensed, certified or contracted with
19for a reason specified in sub. (2) (4m) (a) 1. to 5., and an entity may employ, contract
20with or permit to reside at the entity a person who otherwise may not be employed,
21contracted with or permitted to reside at the entity for a reason specified in sub. (2)
22(ag)
(4m) (b) 1. to 5., if the person demonstrates to the department, the county
23department, the child welfare agency or the school board or, in the case of an entity
24that is located within the boundaries of a federally recognized American Indian
25reservation, to the tribal governing body of that reservation
by clear and convincing

1evidence and in accordance with procedures established by the department by rule
2or by the tribal governing body that he or she has been rehabilitated.
AB133-ASA1-AA2, s. 1174g 3Section 1174g. 48.685 (5) (b) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,166,184 48.685 (5) (b) (intro.) For purposes other than licensing a foster home or
5treatment foster home, no person who has been convicted of any of the following
6offenses, and no person who is an applicant for issuance or continuation of a license
7to operate a day care center or for initial certification as a day care provider under
8s. 48.651 or for renewal of that certification, who is proposing to contract with a school
9board under s. 120.13 (14) or to renew a contract under that subsection or who is an
10employe, prospective employe, contractor, prospective contractor, nonclient resident
11or prospective
a caregiver or nonclient resident of a day care center that is licensed
12under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
13provider that is certified under s. 48.651, and who has been convicted of any of the
14following offenses or adjudicated delinquent on or after his or her 12th birthday for
15committing any of the following offenses, may be permitted to demonstrate that he
16or she has been rehabilitated until the later of at least 5 years after the date of that
17conviction or adjudication or at least 5 years after the date of the person's release
18from imprisonment, a secured juvenile facility or a commitment order
:
AB133-ASA1-AA2, s. 1174j 19Section 1174j. 48.685 (5) (b) 1. of the statutes is repealed.
AB133-ASA1-AA2, s. 1174k 20Section 1174k. 48.685 (5) (b) 4. of the statutes is repealed.
AB133-ASA1-AA2, s. 1174L 21Section 1174L. 48.685 (5) (b) 5. of the statutes is repealed.
AB133-ASA1-AA2, s. 1175m 22Section 1175m. 48.685 (5d) of the statutes is created to read:
AB133-ASA1-AA2,166,2523 48.685 (5d) (a) Any tribal governing body that chooses to conduct
24rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation
25review plan that includes all of the following:
AB133-ASA1-AA2,167,1
11. The criteria to be used to determine if a person has been rehabilitated.
AB133-ASA1-AA2,167,32 2. The title of the person or body designated by the tribe to whom a request for
3review must be made.
AB133-ASA1-AA2,167,54 3. The title of the person or body designated by the tribe to determine whether
5a person has been rehabilitated.
AB133-ASA1-AA2,167,86 4. The manner in which the tribe will submit information relating to a
7rehabilitation review to the department so that the department may include that
8information in its report to the legislature required under sub. (5g).
AB133-ASA1-AA2,167,119 5. A copy of the form to be used to request a review and a copy of the form on
10which a written decision is to be made regarding whether a person has demonstrated
11rehabilitation.
AB133-ASA1-AA2,167,1512 (b) The department shall approve or disapprove the plan under par. (a) within
1390 days after receiving the plan. If the department disapproves the plan, the tribe
14may, within 30 days after receiving notice of the disapproval, request that the
15secretary review the department's decision.
AB133-ASA1-AA2, s. 1176d 16Section 1176d. 48.685 (5m) of the statutes is amended to read:
AB133-ASA1-AA2,168,1317 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
18a person to operate an entity, a county department or a child welfare agency may
19refuse to license a foster home or treatment foster home under s. 48.62, and an entity
20may refuse to employ, hire or contract with a caregiver or permit a nonclient resident
21to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been
22convicted of an offense that the department has not defined as a "serious crime" by
23rule promulgated under sub. (7) (a), or specified in the list established by rule under
24sub. (7) (b)
is not a serious crime, but that is, in the estimation of the department,
25county department, child welfare agency, or entity, substantially related to the care

1of a client. Notwithstanding s. 111.335, the department may refuse to license a
2person to operate a day care center, a county department may refuse to certify a day
3care provider under s. 48.651, a school board may refuse to contract with a person
4under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established
5or contracted for under s. 120.13 (14) and a day care provider that is certified under
6s. 48.651 may refuse to employ, hire or contract with a caregiver or permit a nonclient
7resident
to reside at the day care center or day care provider a person specified in sub.
8(2) (ag) (intro.)
if the person has been convicted of or adjudicated delinquent on or
9after his or her 12th birthday for an offense that the department has not defined as
10a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list
11established by rule under sub. (7) (b)
is not a serious crime, but that is, in the
12estimation of the department, county department, school board, day care center or
13day care provider, substantially related to the care of a client.
AB133-ASA1-AA2, s. 1176g 14Section 1176g. 48.685 (5m) of the statutes, as affected by 1999 Wisconsin Act
15.... (this act), is amended to read:
AB133-ASA1-AA2,169,816 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
17a person to operate an entity, a county department or a child welfare agency may
18refuse to license a foster home or treatment foster home under s. 48.62, and an entity
19may refuse to hire employ or contract with a caregiver or permit a nonclient resident
20to reside at the entity if the person has been convicted of an offense that is not a
21serious crime, but that is, in the estimation of the department, county department,
22child welfare agency or entity, substantially related to the care of a client.
23Notwithstanding s. 111.335, the department may refuse to license a person to
24operate a day care center, a county department may refuse to certify a day care
25provider under s. 48.651, a school board may refuse to contract with a person under

1s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or
2contracted for under s. 120.13 (14) and a day care provider that is certified under s.
348.651 may refuse to hire employ or contract with a caregiver or permit a nonclient
4resident to reside at the day care center or day care provider if the person has been
5convicted of or adjudicated delinquent on or after his or her 12th birthday for an
6offense that is not a serious crime, but that is, in the estimation of the department,
7county department, school board, day care center or day care provider, substantially
8related to the care of a client.
AB133-ASA1-AA2, s. 1177r 9Section 1177r. 48.685 (6) (am) (intro.) of the statutes is renumbered 48.685
10(6) (am) and amended to read:
AB133-ASA1-AA2,169,1311 48.685 (6) (am) Every 4 years an entity shall require all of the following persons
12its caregivers and nonclient residents to complete a background information form
13that is provided to the entity by the department:.
AB133-ASA1-AA2, s. 1178d 14Section 1178d. 48.685 (6) (am) 1. of the statutes is repealed.
AB133-ASA1-AA2, s. 1178g 15Section 1178g. 48.685 (6) (am) 2. of the statutes is repealed.
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