AB133-ASA1-CA1,216,1912
48.66
(2m) (a) 1.
The Except as provided in subd. 2., the department of health
13and family services shall require each applicant for a license under sub. (1) to operate
14a child welfare agency, group home, shelter care facility or day care center who is an
15individual to provide that department with the applicant's social security number,
16and shall require each applicant for a license under sub. (1) to operate a child welfare
17agency, group home, shelter care facility or day care center who is not an individual
18to provide that department with the applicant's federal employer identification
19number, when initially applying for or applying to continue the license.
AB133-ASA1-CA1,217,221
48.66
(2m) (a) 2. If an applicant who is an individual does not have a social
22security number, the applicant shall submit a statement made or subscribed under
23oath or affirmation to the department of health and family services that the
24applicant does not have a social security number. The form of the statement shall
1be prescribed by the department of workforce development. A license issued in
2reliance upon a false statement submitted under this subdivision is invalid.
AB133-ASA1-CA1, s. 1155c
3Section 1155c. 48.66 (2m) (am) of the statutes is renumbered 48.66 (2m) (am)
41. and amended to read:
AB133-ASA1-CA1,217,95
48.66
(2m) (am) 1.
The Except as provided in subd. 2., the department of
6corrections shall require each applicant for a license under sub. (1) to operate a
7secured child caring institution who is an individual to provide that department with
8the applicant's social security number when initially applying for or applying to
9renew the license.
AB133-ASA1-CA1,217,1611
48.66
(2m) (am) 2. If an applicant who is an individual does not have a social
12security number, the applicant shall submit a statement made or subscribed under
13oath or affirmation to the department of corrections that the applicant does not have
14a social security number. The form of the statement shall be prescribed by the
15department of workforce development. A license issued in reliance upon a false
16statement submitted under this subdivision is invalid.
AB133-ASA1-CA1,218,518
48.66
(2m) (b)
The If an applicant who is an individual fails to provide the
19applicant's social security number to the department of health and family services
20or if an applicant who is not an individual fails to provide the applicant's federal
21employer identification number to that department, that department
of health and
22family services may not issue or continue a license under sub. (1) to operate a child
23welfare agency, group home, shelter care facility or day care center to or for
an the 24applicant
who is an individual unless the applicant
has provided the applicant's is
25an individual who does not have a social security number
to that department and
1may not issue or continue a license under sub. (1) to operate a child welfare agency,
2group home, shelter care facility or day care center to or for an applicant who is not
3an individual unless the applicant has provided the applicant's federal employer
4identification number to that department and the applicant submits a statement
5made or subscribed under oath or affirmation as required under par. (a) 2.
AB133-ASA1-CA1,218,137
48.66
(2m) (bm)
The If an applicant who is an individual fails to provide the
8applicant's social security number to the department of corrections, that department
9of corrections may not issue or renew a license under sub. (1) to operate a secured
10child caring institution to or for
an the applicant
who is an individual unless the
11applicant
has provided the applicant's does not have a social security number
to that
12department and the applicant submits a statement made or subscribed under oath
13or affirmation as required under par. (am) 2.
AB133-ASA1-CA1,218,1815
48.66
(2m) (c) The department of health and family services may not disclose
16any information obtained under par. (a)
1. to any person except to the department
17of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the
18request of the department of workforce development under s. 49.22 (2m).
AB133-ASA1-CA1,218,2220
48.66
(2m) (cm) The department of corrections may not disclose any
21information obtained under par. (am)
1. to any person except on the request of the
22department of workforce development under s. 49.22 (2m).".
AB133-ASA1-CA1,219,3
148.651
(2m) Each county department shall provide the department with
2information about each person who is denied certification for a reason specified in
3s. 48.685
(2) (4m) (a) 1. to 5.
AB133-ASA1-CA1,219,66
48.685
(1) (ag) 1. "Caregiver" means any of the following:
AB133-ASA1-CA1,219,107
a. A person who is, or is expected to be, an employe or contractor of an entity,
8who is or is expected to be under the control of the entity, as defined by the
9department by rule, and who has, or is expected to have, regular, direct contact with
10clients of the entity.
AB133-ASA1-CA1,219,1211
b. A person who has, or is seeking, a license, certification or contract to operate
12an entity.
AB133-ASA1-CA1,219,1513
2. "Caregiver" does not include a person who is certified as an emergency
14medical technician under s. 146.50 if the person is employed, or seeking employment,
15as an emergency medical technician.
AB133-ASA1-CA1,219,1917
48.685
(1) (ar) "Contractor" means, with respect to an entity, a person, or that
18person's agent, who provides services to the entity under an express or implied
19contract or subcontract, including a person who has staff privileges at the entity.
AB133-ASA1-CA1,219,2321
48.685
(1) (av) "Direct contact" means face-to-face physical proximity to a
22client that affords the opportunity to commit abuse or neglect of a client or to
23misappropriate the property of a client.
AB133-ASA1-CA1,220,8
148.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
248.60 to provide care and maintenance for children, to place children for adoption or
3to license foster homes or treatment foster homes; a foster home or treatment foster
4home that is licensed under s. 48.62; a group home that is licensed under s. 48.625;
5a shelter care facility that is licensed under s. 938.22; a day care center that is
6licensed under s. 48.65 or established or contracted for under s. 120.13 (14);
or a day
7care provider that is certified under s. 48.651
; or a temporary employment agency
8that provides caregivers to another entity.".
AB133-ASA1-CA1,220,1311
48.685
(1) (bm) "Nonclient resident" means a person who resides, or is expected
12to reside, at an entity, who is not a client of the entity and who has, or is expected to
13have, regular, direct contact with clients of the entity.
AB133-ASA1-CA1,220,1715
48.685
(1) (br) "Reservation" means land in this state within the boundaries
16of a reservation of a tribe or within the bureau of Indian affairs service area for the
17Ho-Chunk Nation.
AB133-ASA1-CA1,221,319
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-CA1,221,76
48.685
(1) (e) "Tribe" means a federally recognized American Indian tribe or
7band in this state.".
AB133-ASA1-CA1,221,10
9"
Section 1161d. 48.685 (2) (a) (intro.) of the statutes is renumbered 48.685
10(4m) (a) (intro.).
AB133-ASA1-CA1, s. 1161m
20Section 1161m. 48.685 (2) (ad) of the statutes is renumbered 48.685 (4m) (ad)
21and amended to read:
AB133-ASA1-CA1,222,322
48.685
(4m) (ad) The department, a county department or a child welfare
23agency may license a foster home or treatment foster home under s. 48.62, a county
24department may certify a day care provider under s. 48.651 and a school board may
1contract with a person under s. 120.13 (14), conditioned on the receipt of the
2information specified in
par. sub. (2) (am) indicating that the person is not ineligible
3to be
licensed, certified or contracted with for a reason specified in par. (a) 1. to 5.
AB133-ASA1-CA1, s. 1163d
4Section 1163d. 48.685 (2) (ag) (intro.) of the statutes is renumbered 48.685
5(4m) (b) (intro.) and amended to read:
AB133-ASA1-CA1,222,116
48.685
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
7sub. (5), an entity may not hire or contract with a
person who will be under the
8entity's control, as defined by the department by rule, and who is expected to have
9access to its clients, caregiver or permit
a nonclient resident to reside at the entity
10a person who is not a client and who is expected to have access to a client, if the entity
11knows or should have known any of the following:
AB133-ASA1-CA1, s. 1163g
12Section 1163g. 48.685 (2) (ag) 1. of the statutes is renumbered 48.685 (4m) (b)
131. and amended to read:
AB133-ASA1-CA1,222,2014
48.685
(4m) (b) 1. That the person has been convicted of a serious crime or, if
15the person is
an employe, prospective employe, contractor, prospective contractor,
16nonclient resident
or prospective a caregiver or nonclient resident of a day care
17center that is licensed under s. 48.65 or established or contracted for under s. 120.13
18(14) or of a day care provider that is certified under s. 48.651, that the person has been
19convicted of a serious crime or adjudicated delinquent on or after his or her 12th
20birthday for committing a serious crime.
AB133-ASA1-CA1,223,144
48.685
(2) (am) (intro.)
Subject to subd. 5. and par. (bd), the The department,
5a county department, a child welfare agency or a school board shall obtain all of the
6following with respect to a
person specified under par. (a) (intro.) and a person
7specified under par. (ag) (intro.) who is a nonclient resident or prospective caregiver
8specified in sub. (1) (ag) 1. b., a nonclient resident of an entity and
shall obtain the
9information specified in subds. 1. to 5. with respect to a person
specified in par. (ag)
10(intro.) who is under 18 years of age, but not under 12 years of age,
and who is
an 11employe, prospective employe, contractor, prospective contractor, nonclient resident
12or prospective nonclient resident a caregiver of a day care center that is licensed
13under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
14provider that is certified under s. 48.651:
AB133-ASA1-CA1,224,216
48.685
(2) (am) 5. Information maintained by the department under this
17section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial
18to the person of a license, continuation or renewal of a license, certification or a
19contract to operate an entity for a reason specified in
par. sub. (4m) (a) 1. to 5. and
20regarding any denial to the person of employment at, a contract with or permission
21to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to 5. If the
22information obtained under this subdivision indicates that the person has been
23denied a license, continuation or renewal of a license, certification, a contract,
24employment or permission to reside as described in this subdivision, the department,
1a county department, a child welfare agency or a school board need not obtain the
2information specified in subds. 1. to 4.
AB133-ASA1-CA1,224,74
48.685
(2) (b) 1. (intro.)
Subject to subds. 1. e. and 2., and 4. par. (bd), every 5Every entity shall obtain all of the following with respect to a
person specified under
6par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective
7contractor caregiver of the entity:
AB133-ASA1-CA1,224,189
48.685
(2) (b) 1. e. Information maintained by the department under this
10section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial
11to the person of a license, continuation or renewal of a license, certification or a
12contract to operate an entity for a reason specified in
par. sub. (4m) (a) 1. to 5. and
13regarding any denial to the person of employment at, a contract with or permission
14to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to 5. If the
15information obtained under this subd. 1. e. indicates that the person has been denied
16a license, continuation or renewal of a license, certification, a contract, employment
17or permission to reside as described in this subd. 1. e., the entity need not obtain the
18information specified in subd. 1. a. to d.
AB133-ASA1-CA1,225,321
48.685
(2) (b) 4. Subdivision 1. does not apply with respect to a person under
2218 years of age, but not under 12 years of age, who is
an employe, prospective
23employe, contractor, prospective contractor, nonclient resident or prospective a
24caregiver or nonclient resident of a day care center that is licensed under s. 48.65 or
25established or contracted for under s. 120.13 (14) or of a day care provider that is
1certified under s. 48.651 and with respect to whom the department, a county
2department or a school board is required under par. (am) (intro.) to obtain the
3information specified in par. (am) 1. to 5.
AB133-ASA1-CA1,225,215
48.685
(2) (bb) If information obtained under par. (am) or (b) 1. indicates a
6charge of a serious crime, but does not completely and clearly indicate the final
7disposition of the charge, the department, county department, child welfare agency,
8school board or entity shall make every reasonable effort to contact the clerk of courts
9to determine the final disposition of the charge. If a background information form
10under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but
11information obtained under par. (am) or (b) 1. does not indicate such a charge or
12conviction, the department, county department, child welfare agency, school board
13or entity shall make every reasonable effort to contact the clerk of courts to obtain
14a copy of the criminal complaint and the final disposition of the complaint. If
15information obtained under par. (am) or (b) 1., a background information form under
16sub. (6) (a) or (am) or any other information indicates a conviction of a violation of
17s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 or 947.013 obtained not more
18than 5 years before the date on which that information was obtained, the
19department, county department, child welfare agency, school board or entity shall
20make every reasonable effort to contact the clerk of courts to obtain a copy of the
21criminal complaint and judgment of conviction relating to that violation.
AB133-ASA1-CA1,226,1123
48.685
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
24department, a child welfare agency or a school board is not required to obtain the
25information specified in par. (am) 1. to 5., and an entity is not required to obtain the
1information specified in par. (b) 1. a. to e., with respect to a person under 18 years
2of age whose background information form under sub. (6) (am) indicates that the
3person is not ineligible to be employed, contracted with or permitted to reside at an
4entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to 5. and with respect to whom
5the department, county department, child welfare agency, school board or entity
6otherwise has no reason to believe that the person is ineligible to be employed,
7contracted with or permitted to reside at an entity for any of those reasons. This
8paragraph does not preclude the department, a county department, a child welfare
9agency or a school board from obtaining, at its discretion, the information specified
10in par. (am) 1. to 5. with respect to a person described in this paragraph who is a
11nonclient resident or a prospective nonclient resident of an entity.
AB133-ASA1-CA1,226,2513
48.685
(2) (bg) If an entity
takes an action specified in par. (ag) (intro.) with
14respect to an employe, prospective employe, contractor or prospective contractor 15hires or contracts with a caregiver for whom, within the last 4 years, the information
16required under par. (b) 1. a. to c. and e. has already been obtained
, either by another
17entity
or by a temporary employment agency, the entity may obtain
the that 18information
required under par. (b) 1. a. to c. and e. from that other entity
or
19temporary employment agency, which shall provide the information, if possible, to
20the
requesting entity. If an entity cannot obtain the information required under par.
21(b) 1. a. to c. and e. from another entity
or from a temporary employment agency or
22if an entity has reasonable grounds to believe that any information obtained from
23another entity
or from a temporary employment agency is no longer accurate, the
24entity shall obtain that information from the sources specified in par. (b) 1. a. to c.
25and e.
AB133-ASA1-CA1, s. 1170n
1Section 1170n. 48.685 (2) (bg) of the statutes, as affected by 1999 Wisconsin
2Act .... (this act), is amended to read:
AB133-ASA1-CA1,227,113
48.685
(2) (bg) If an entity
hires
employs or contracts with a caregiver for
4whom, within the last 4 years, the information required under par. (b) 1. a. to c. and
5e. has already been obtained by another entity, the entity may obtain that
6information from that other entity, which shall provide the information, if possible,
7to the requesting entity. If an entity cannot obtain the information required under
8par. (b) 1. a. to c. and e. from another entity or if an entity has reasonable grounds
9to believe that any information obtained from another entity is no longer accurate,
10the entity shall obtain that information from the sources specified in par. (b) 1. a. to
11c. and e.
AB133-ASA1-CA1,228,313
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
14or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding
15the date of the search that person has not been a resident of this state,
or if the
16department, county department, child welfare agency, school board or entity
17determines that the person's employment, licensing or state court records provide a
18reasonable basis for further investigation, the department, county department,
child
19welfare agency, school board or entity shall make a good faith effort to obtain from
20any state
or other United States jurisdiction in which the person is a resident or was
21a resident within the 3 years preceding the date of the search information that is
22equivalent to the information specified in par. (am) 1. or (b) 1. a.
The department,
23county department, child welfare agency, school board or entity may require the
24person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the
25person's fingerprints. The department of justice may provide for the submission of
1the fingerprint cards to the federal bureau of investigation for the purposes of
2verifying the identity of the person fingerprinted and obtaining records of his or her
3criminal arrests and convictions.
AB133-ASA1-CA1, s. 1171g
4Section 1171g. 48.685 (2) (c) of the statutes is renumbered 48.685 (4m) (c) and
5amended to read:
AB133-ASA1-CA1,228,186
48.685
(4m) (c) If the background information form completed by a person
7under sub. (6) (am) indicates that the person is not ineligible to be employed or
8contracted with for a reason specified in par.
(ag)
(b) 1. to 5., an entity may employ
9or contract with the person for not more than 60 days pending the receipt of the
10information sought under
par. sub. (2) (am) 1. to 5. or (b) 1. If the background
11information form completed by a person under sub. (6) (am) indicates that the person
12is not ineligible to be permitted to reside at an entity for a reason specified in par.
(ag) 13(b) 1. to 5. and if an entity otherwise has no reason to believe that the person is
14ineligible to be permitted to reside at an entity for any of those reasons, the entity
15may permit the person to reside at the entity for not more than 60 days pending
16receipt of the information sought under
par. sub. (2) (am). An entity shall provide
17supervision for a person who is employed, contracted with or permitted to reside as
18permitted under this paragraph.
AB133-ASA1-CA1,228,2320
48.685
(2) (d) Every entity shall maintain, or shall contract with another
21person to maintain, the most recent background information obtained on a caregiver
22under par. (b). The information shall be made available for inspection by authorized
23persons, as defined by the department by rule.
AB133-ASA1-CA1,229,11
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-CA1,229,2013
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-CA1,230,322
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.