AB462: Bill Text

AB462, s. 25 Section 25. 48.685 (5c) (a) of the statutes is amended to read:

AB462,17,19 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.

AB462, s. 26 Section 26. 48.685 (6) (am) of the statutes is amended to read:

AB462,18,3 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 year a day care center that is licensed under s. 48.65 or established or contracted for 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.

AB462, s. 27 Section 27. 48.685 (6) (b) 2. of the statutes is amended to read:

AB462,18,10 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.

AB462, s. 28 Section 28. 48.685 (8) of the statutes is amended to read:

AB462,18,19 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.

AB462, s. 29 Section 29. 48.715 (4g) of the statutes is created to read:

AB462,19,3 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.

AB462,19,14 (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.

AB462, s. 30 Section 30. 49.133 (intro.) of the statutes is renumbered 49.133 (1m) (a) and amended to read:

AB462,19,25 49.133 (1m) (a) The If a child care provider 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 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.

AB462, 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:

AB462,20,9 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.

AB462, s. 32 Section 32. 49.133 (1m) (b) of the statutes is created to read:

AB462,20,21 49.133 (1m) (b) 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 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.

AB462, s. 33 Section 33. 49.133 (2) of the statutes is renumbered 49.133 (2m) (b) and amended to read:

AB462,21,3 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.

AB462, s. 34 Section 34. 49.133 (2m) (intro.) of the statutes is created to read:

AB462,21,9 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:

AB462, s. 35 Section 35. 49.133 (3) of the statutes is renumbered 49.133 (2m) (c).

AB462, s. 36 Section 36. 49.133 (4) of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 49.133 (2m) (c).

AB462, s. 37 Section 37. 49.155 (7) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed and recreated to read:

AB462,21,22 49.155 (7) Refusal to pay child care providers. (a) 1. If a child care provider 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 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.

AB462,22,7 2. 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 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.

AB462,22,12 (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:

AB462,22,19 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.

AB462,22,23 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.

AB462,22,25 3. The person has been determined under s. 48.981 to have abused or neglected a child.

AB462,23,3 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.

AB462, s. 38 Section 38. 120.13 (14) of the statutes is renumbered 120.13 (14) (a).

AB462, s. 39 Section 39. 120.13 (14) (b) of the statutes is created to read:

AB462,23,13 120.13 (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.

AB462,23,23 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.

AB462, s. 40 Section 40. Initial applicability.

AB462,24,7 (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, or charge on which the decision is based was obtained or filed before the effective date of this subsection.

AB462, s. 41 Section 41. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB462,24,13 (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.

AB462,24,14 (End)