SECTION 48. 48.685 (2) (am) (intro.) of the statutes is amended to read:
48.685 (2) (am) (intro.) The department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156:
SECTION 49. 48.685 (2) (am) 5. of the statutes is amended to read:
48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), 49.156 (2m), 49.988 (1), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board need not obtain the information specified in subds. 1. to 4.
SECTION 50. 48.685 (2) (b) 1. e. of the statutes is amended to read:
48.685 (2) (b) 1. e. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), 49.156 (2m), 49.988 (1), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.
SECTION 51. 48.685 (2) (b) 4. of the statutes is amended to read:
48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156 and with respect to whom the department of workforce development, a county department, or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.
SECTION 52. 48.685 (2) (bb) of the statutes is amended to read:
48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01, or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
SECTION 53. 48.685 (2) (bd) of the statutes is amended to read:
48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with, or permitted to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
SECTION 54. 48.685 (2) (bm) of the statutes is amended to read:
48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a. The department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity may require the person to be 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 arrests and convictions.
SECTION 55. 48.685 (3) (a) of the statutes is amended to read:
48.685 (3) (a) Every 4 years or at any time within that period that the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board considers appropriate, the department of health and family services, department of workforce development, county department, child welfare agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of an entity, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651 49.156.
SECTION 56. 48.685 (3) (b) of the statutes is amended to read:
48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers of the entity other than persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156.
SECTION 57. 48.685 (3m) of the statutes is amended to read:
48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person who is a caregiver specified in sub. (1) (ag) 1. b. and that person is also an employee, contractor, or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
SECTION 58. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department of health and family services may not license, or continue or renew the license of, a person to operate an entity, the department of workforce development may not license, or continue the license of, a person to operate a day care center, a county department may not certify a day care provider under s. 48.651 49.156, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department of health and family services, department of workforce development, county department, child welfare agency, or school board knows or should have known any of the following:
SECTION 59. 48.685 (4m) (a) 1. of the statutes is amended to read:
48.685 (4m) (a) 1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a day care center or for initial certification under s. 48.651 49.156 or for renewal of that certification or if the person is proposing to contract with a school board under s. 120.13 (14) or to renew a contract under that subsection, 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.
SECTION 60. 48.685 (4m) (ad) of the statutes is amended to read:
48.685 (4m) (ad) The department of health and family services, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, the department of workforce development may license a day care center under s. 49.98, a county department may certify a day care provider under s. 48.651 49.156, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.
SECTION 61. 48.685 (4m) (b) 1. of the statutes is amended to read:
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 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156, 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.
SECTION 62. 48.685 (5) (a) of the statutes is amended to read:
48.685 (5) (a) The department of health and family services may license to operate an entity, the department of workforce development may license to operate a day care center, a county department may certify under s. 48.651 49.156, 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 of health and family services, the department of workforce development, the county department, 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.
SECTION 63. 48.685 (5c) (a) of the statutes is amended to read:
48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department of health and family services or a child welfare agency that he or she has been rehabilitated may appeal to the secretary of health and family services 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.
SECTION 64. 48.685 (5c) (am) of the statutes is created to read:
48.685 (5c) (am) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department of workforce development that he or she has been rehabilitated may appeal to the secretary of workforce development 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.
SECTION 65. 48.685 (5m) of the statutes is amended to read:
48.685 (5m) Notwithstanding s. 111.335, the department of health and family services may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department of health and family services, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department of workforce development may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651 49.156, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 49.156 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department of workforce development, county department, school board, day care center, or day care provider, substantially related to the care of a client.
SECTION 66. 48.685 (6) (a) of the statutes is amended to read:
48.685 (6) (a) The department of health and family services shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department of workforce development shall require any person who applies for issuance or continuation of a license to operate a day care center, a county department shall require any day care provider who applies for initial certification under s. 48.651 49.156 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
SECTION 67. 48.685 (6) (b) 1. of the statutes is amended to read:
48.685 (6) (b) 1. For caregivers who are licensed by the department, for persons under 18 years of age, but not under 12 years of age, who are caregivers 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 of health and family services, for persons who are nonclient residents of an entity that is licensed by the department of health and family services, and for other persons specified by the department of health and family services by rule, the entity shall send the background information form to the department of health and family services.
SECTION 68. 48.685 (6) (b) 1m. of the statutes is created to read:
48.685 (6) (b) 1m. For caregivers who are licensed by the department of workforce development, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 49.156, for persons who are nonclient residents of an entity that is licensed by the department of workforce development, and for other persons specified by the department of workforce development by rule, the entity shall send the background information form to the department of workforce development.
SECTION 69. 48.685 (8) of the statutes is amended to read:
48.685 (8) The department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) 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's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.
SECTION 70. 48.69 of the statutes is amended to read:
48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, or group home or day care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67, and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, or group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, or group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, or group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.
SECTION 71. 48.715 (1) of the statutes is amended to read:
48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, or group home or day care center.
SECTION 72. 48.715 (2) (a) of the statutes is amended to read:
48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, or group home or day care center if the child welfare agency, shelter care facility, or group home or day care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.
SECTION 73. 48.715 (4) (c) of the statutes is amended to read:
48.715 (4) (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, or group home or day care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.
SECTION 74. 48.715 (6) of the statutes is amended to read:
48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.
SECTION 75. 48.715 (7) of the statutes is amended to read:
48.715 (7) The department of health and family services shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.
SECTION 76. 48.73 of the statutes is amended to read:
48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, and group home and day care center licensed by it the department, and for such purpose shall be given unrestricted access to the premises described in the license.
SECTION 77. 48.735 of the statutes is renumbered 49.998 (1) and amended to read:
49.998 (1) IMMUNIZATION REQUIREMENTS; DAY CARE CENTERS. The If the department of health and family services finds that there has been a substantial failure by a day care center to comply with the requirements of s. 252.04, that department shall notify the department of workforce development, and the department of workforce development, after notice to a the day care center licensee, may suspend, revoke, or refuse to continue a the licensee's day care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.
SECTION 78. 48.737 of the statutes is renumbered 49.998 (2) and amended to read:
49.998 (2) LEAD SCREENING, INSPECTION AND REDUCTION REQUIREMENTS; DAY CARE CENTERS. The If the department of health and family services finds that there has been a substantial failure by a day care center that holds a license under s. 49.98 or a probationary license under s. 49.99 or by a day care provider certified under s. 49.156 to comply with any rule promulgated under s. 254.162, 254.168, or 254.172, that department shall notify the department of workforce development, and the department of workforce development, after notice to a day care provider certified under s. 48.651, or a the day care center that holds a license under s. 48.65 or a probationary license under s. 48.69 or day care provider, may suspend, revoke, or refuse to renew or continue a the license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168 or 254.172 of the day care center or day care provider.
SECTION 79. 48.74 of the statutes is amended to read:
48.74 Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of ss. s. 48.60, 48.62, or 48.625 or 48.65, it, the department shall make an investigation to determine the facts. For the purposes of this investigation, it the department shall have authority to inspect the premises where the violation is alleged to occur. If it the department finds that the person is violating any of the specified those sections, it the department may either issue a license if the person is qualified or may institute a prosecution under s. 48.76.
SECTION 80. 48.76 of the statutes is amended to read:
48.76 Penalties. In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, or 48.63 or 48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.
SECTION 81. 48.77 of the statutes is amended to read:
48.77 Injunction against violations. In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 48.60, 48.62, 48.625, or 48.63 or 48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813.
SECTION 82. 49.001 (1) of the statutes is amended to read:
49.001 (1) "Child care provider" means a child care provider that is licensed under s. 48.65 49.98 (1), certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 83. 49.136 (1) (b) of the statutes is amended to read:
49.136 (1) (b) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 84. 49.136 (1) (e) of the statutes is amended to read:
49.136 (1) (e) "Day care program" means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65 49.98, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.
SECTION 85. 49.137 (1) (a) of the statutes is amended to read:
49.137 (1) (a) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 86. 49.155 (1) (ag) of the statutes is amended to read:
49.155 (1) (ag) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 87. 49.155 (1) (am) of the statutes is amended to read:
49.155 (1) (am) "Level I certified family day care provider" means a day care provider certified under s. 48.651 49.156 (1) (a).
SECTION 88. 49.155 (1) (b) of the statutes is amended to read:
49.155 (1) (b) "Level II certified family day care provider" means a day care provider certified under s. 48.651 49.156 (1) (b).
SECTION 89. 49.155 (1d) (a) of the statutes is amended to read:
49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651 49.156. In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include any other requirement for training for providers.
SECTION 90. 49.155 (1d) (b) of the statutes is amended to read:
49.155 (1d) (b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 49.98 or for certification under s. 48.651 49.156. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children National Association for the Education of Young Children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
SECTION 91. 49.155 (1g) (c) of the statutes is repealed.
SECTION 92. 49.155 (3) (b) 5. of the statutes is amended to read:
49.155 (3) (b) 5. Certify child care providers under s. 48.651 49.156.
