GMM:kjf:md
2009 - 2010 LEGISLATURE
October 2, 2009 - Introduced by Representatives Grigsby, Barca, Pasch, Fields,
Toles, Young, A. Williams, Sinicki, Kessler, Cullen, Mason, Turner,
Kestell, Shilling, Krusick, Berceau, Ballweg, Vruwink, Hilgenberg, A. Ott,
Pocan, Kaufert, Seidel and Jorgensen, cosponsored by Senators Jauch,
Vinehout, Taylor, Darling, Lehman, Holperin, Hansen, Cowles, Plale,
Carpenter, Lassa and
Sullivan. Referred to Committee on Children and
Families.
AB462,2,2
1An Act to renumber 49.133 (3), 49.133 (4) and 120.13 (14);
to renumber and
2amend 49.133 (intro.), 49.133 (1) and 49.133 (2);
to amend 20.435 (6) (jm),
348.685 (1) (c) 4., 48.685 (2) (am) (intro.), 48.685 (2) (am) 5., 48.685 (2) (b) 4.,
448.685 (2) (bb), 48.685 (2) (bd), 48.685 (2) (bg), 48.685 (2) (bm), 48.685 (3) (a),
548.685 (3) (b), 48.685 (3m), 48.685 (4m) (a) 1., 48.685 (4m) (ad), 48.685 (4m) (b)
61., 48.685 (5) (a), 48.685 (5c) (a), 48.685 (6) (am), 48.685 (6) (b) 2. and 48.685 (8);
7to repeal and recreate 48.685 (4m) (ad) and 49.155 (7); and
to create 48.651
8(3), 48.685 (1) (c) 3m., 48.685 (2) (ar), 48.685 (2) (b) 2., 48.685 (3) (am), 48.685
9(3) (bm), 48.685 (5) (br), 48.715 (4g), 49.133 (1m) (b), 49.133 (2m) (intro.) and
10120.13 (14) (b) of the statutes;
relating to: prohibiting a person who has been
11convicted or adjudicated delinquent for committing certain serious crimes or
12who is the subject of a pending criminal charge or delinquency petition for
13committing a serious crime from being licensed, certified, or contracted with to
14provide child care, from being employed or contracted as a caregiver of a child
1care provider, or from being permitted to reside at a premises where child care
2is provided and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Children and Families (DCF) may not
license a person to operate a day care center; DCF in a county having a population
of 500,000 or more, a county department of human services or social services (county
department), or an agency contracted by DCF to certify day care providers for
purposes of reimbursement under the Wisconsin Works Program (contracted
agency) may not certify a day care provider for those purposes; and a school board
may not contract with a person to provide a day care program (collectively "child care
provider") if the person has been convicted or adjudicated delinquent on or after his
or her 12th birthday for committing a serious crime, as defined under current law,
unless the person shows that he or she has been rehabilitated.
Similarly, a child care provider may not employ or contract with a caregiver or
permit a nonclient resident to reside at a premises where child care is provided if the
caregiver or nonclient resident has been convicted or adjudicated delinquent on or
after his or her 12th birthday for committing a serious crime, as defined under
current law, unless the caregiver or nonclient resident shows that he or she has been
rehabilitated. Currently, "serious crime" is defined to include certain crimes against
life or bodily security and certain crimes against children that are felonies.
This bill prohibits any person who has been convicted or adjudicated delinquent
on or after his or her 12th birthday for committing any of the following serious crimes
or who is the subject of a pending criminal charge or delinquency petition alleging
that the person has committed any of the following serious crimes on or after his or
her 12th birthday from being licensed, certified, or contracted with to provide child
care, from being employed or contracted as a caregiver of a child care provider, or
from being permitted to be a nonclient resident of a premises where child care is
provided and prohibits such a person from showing that he or she has been
rehabilitated:
1. Any crime against children that is a felony, other than felony failure to pay
child, spousal, or grandchild support or felony hazing.
2. Felony battery, if the victim is the spouse of the person.
3. First-degree or second-degree intentional or reckless homicide, felony
murder, mayhem, felony sexual assault, reckless injury, taking hostages,
kidnapping, felony endangering safety by use of a dangerous weapon, disarming a
police officer, armed burglary, or armed robbery.
4. A violation of the background check law, if the violation involves the
provision of false information to DCF, a county department, a contracted agency, a
school board, or a child care provider.
5. An offense involving fraudulent activity as a participant in the Wisconsin
Works Program, including as a recipient of a child care subsidy under that program,
or as a recipient of aid to families with dependent children, medical assistance, food
stamp benefits, supplemental security payments, payments for the support of
children of supplemental security income recipients, or health care benefits under
the Badger Care program.
6. Any drug or alcohol-related felony, felony battery, carjacking, or felony
hazing, if committed not more than five years before the date of the background
investigation.
7. Felony failure to pay child, spousal, or grandchild support, if committed not
more than five years before the date of the background investigation, unless the
person has paid all arrearages and is meeting his or her current support obligation.
Current law requires DCF, a county department, a contracting agency, or a
school board, prior to licensing, certifying, or contracting with a child care provider
and every four years after that, to conduct a criminal history search of the child care
provider, of all nonclient residents of the premises where the child care is provided,
and of all persons under 18 years of age who are caregivers of the child care provider
and to obtain certain other information with respect to those individuals,
specifically: 1) information from the client abuse registry maintained by the
Department of Health Services (DHS); 2) information maintained by the
Department of Regulation and Licensing regarding the individual's credentials; 3)
information maintained by DCF regarding any substantiated reports of child abuse
or neglect against the individual; and 4) information maintained by DHS regarding
any denial of a license, certification, or contract to provide child care, of employment
as a caregiver of a child care provider, or of permission to reside at a premises where
child care is provided. Similarly, current law also requires a child care provider to
conduct such a criminal history search and to obtain that information with respect
to a caregiver 18 years of age or over prior to employing or contracting with the
caregiver and every four years after that.
This bill requires DCF, a county department, a contracting agency, or a school
board to conduct that criminal history search and to obtain that information with
respect to a child care provider every three months after the child care provider is
licensed, certified, or contracted with and to conduct that search and obtain that
information with respect to a nonclient resident or caregiver under 18 years of age
every year after the nonclient resident is permitted to reside at the premises or the
caregiver is employed or contracted with. The bill also requires a child care provider
to conduct that criminal history search and to obtain that information every year
after a caregiver 18 years of age or over is employed or contracted with. In addition
to conducting that criminal history search and obtaining that information, the bill
requires DCF, a county department, a contracting agency, a school board, or an entity
to obtain on those timetables information that is contained in the sex offender
registry maintained by the Department of Corrections regarding whether the person
has committed a sex offense that is a serious crime.
Under current law, DCF may revoke the license of a person to operate a day care
center if the licensee or a person under the supervision of the licensee commits
certain actions, including a repeated or substantial violation of a rule or order of DCF
or of a condition of licensure or an action that directly threatens the health, safety,
or welfare of any child under the care of the licensee. Similarly, under current law,
DCF or a county department may refuse to pay a child care provider for child care
provided under the Wisconsin Works Program if the child care provider, an employee
of the child care provider, or a person living on the premises where child care is
provided is convicted of a felony or misdemeanor that substantially relates to the
care of children, is the subject of a pending charge that substantiality relates to the
care of children, or has been determined to have abused or neglected a child.
This bill requires all of the following:
1. DCF to revoke the license of a day care center; DCF in a county having a
population of 500,000 or more, a county department, or a contracted agency to revoke
the certification of a day care provider for purposes of reimbursement under the
Wisconsin Works Program; and a school board to rescind the contract of the person
to operate a day care program; if the person licensed to operate the day care center,
the person certified as a child care provider, or the person contracting to provide the
day care program is convicted of a serious crime or if a caregiver or nonclient resident
of the day care center, child care provider, or day care program is convicted or
adjudicated delinquent for committing a serious crime on or after his or her 12th
birthday. The bill also requires DCF or a county department to refuse to pay a child
care provider in those circumstances beginning on the date of the conviction or
delinquency adjudication.
2. DCF to immediately suspend the license of a day care center; DCF in a county
having a population of 500,000 or more, a county department, or a contracted agency
to immediately suspend the certification of a day care provider for purposes of
reimbursement under the Wisconsin Works Program; and a school board to
immediately suspend the contract of a person to operate a day care program; if the
person licensed to operate the day care center, the person certified as a child care
provider, or the person contracting to provide the day care program is the subject of
a pending criminal charge alleging that the person has committed a serious crime
or if a caregiver or nonclient resident of the day care center, child care provider, or
day care program is the subject of a pending charge or delinquency petition alleging
that the person has committed a serious crime on or after his or her 12th birthday.
The bill also requires DCF or a county department to immediately suspend payment
to a child care provider for any child care provided under the Wisconsin Works
Program in those circumstances until DCF or the county department obtains
information regarding the final disposition of the charge or delinquency proceeding
indicating that the person is not ineligible to receive such a payment.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB462,5,17
120.435
(6) (jm)
Licensing and support services. The amounts in the schedule
2for the purposes specified in ss. 48.685 (2) (am)
, (ar), and (b) 1., (3) (a)
, (am), and (b),
3and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.031, 50.065 (2) (am) and (b) 1., (3) (a) and
4(b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981,
5and 146.40 (4r) (b) and (er), and subch. IV of ch. 50 and to conduct health facilities
6plan and rule development activities, for accrediting nursing homes, convalescent
7homes, and homes for the aged, to conduct capital construction and remodeling plan
8reviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing
9or certifying, and approving facilities, issuing permits, and providing technical
10assistance, that are not specified under any other paragraph in this subsection. All
11moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025,
1250.031 (6), 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93
13(1) (c), and 50.981, all moneys received from fees for the costs of inspecting, licensing
14or certifying, and approving facilities, issuing permits, and providing technical
15assistance, that are not specified under any other paragraph in this subsection, and
16all moneys received under s. 50.135 (2) shall be credited to this appropriation
17account.
AB462, s. 2
18Section
2. 48.651 (3) of the statutes is created to read:
AB462,6,219
48.651
(3) (a) If a day care provider certified under sub. (1) is convicted of a
20serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685
21(1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care
22provider is convicted or adjudicated delinquent for committing a serious crime on or
23after his or her 12th birthday, the department in a county having a population of
24500,000 or more, a county department, or an agency contracted with under sub. (2)
25shall revoke the certification of the day care provider immediately upon providing
1written notice of revocation and the grounds for revocation and an explanation of the
2process for appealing the revocation.
AB462,6,133
(b) If a day care provider certified under sub. (1) is the subject of a pending
4criminal charge alleging that the person has committed a serious crime, as defined
5in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient
6resident, as defined in s. 48.685 (1) (bm), of the day care provider is the subject of a
7pending criminal charge or delinquency petition alleging that the person has
8committed a serious crime on or after his or her 12th birthday, the department in a
9county having a population of 500,000 or more, a county department, or an agency
10contracted with under sub. (2) shall immediately suspend the certification of the day
11care provider until the department, county department, or agency obtains
12information regarding the final disposition of the charge or delinquency petition
13indicating that the person is not ineligible to be certified under sub. (1).
AB462, s. 3
14Section
3. 48.685 (1) (c) 3m. of the statutes is created to read:
AB462,6,1915
48.685
(1) (c) 3m. For purposes of licensing a person to operate a day care center
16under s. 48.65, certifying a day care provider under s. 48.651, or contracting with a
17person under s. 120.13 (14) to operate a day care center, or of permitting a person to
18be a caregiver or nonclient resident of such a day care center or day care provider,
19any violation listed in subds. 1. to 3. or sub. (5) (br) 1. to 7.
AB462, s. 4
20Section
4. 48.685 (1) (c) 4. of the statutes is amended to read:
AB462,6,2321
48.685
(1) (c) 4. A violation of the law of any other state or United States
22jurisdiction that would be a violation listed in subd. 1., 2.,
or, 3.
, or 3m. if committed
23in this state.
AB462, s. 5
24Section
5. 48.685 (2) (am) (intro.) of the statutes is amended to read:
AB462,7,7
148.685
(2) (am) (intro.) The department, a county department,
an agency
2contracted with under s. 48.651 (2), a child welfare agency
, or a school board shall
3obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b.,
4a nonclient resident of an entity
, and a person under 18 years of age, but not under
512 years of age, who is a caregiver of a day care center that is licensed under s. 48.65
6or established or contracted for under s. 120.13 (14) or of a day care provider that is
7certified under s. 48.651:
AB462, s. 6
8Section
6. 48.685 (2) (am) 5. of the statutes is amended to read:
AB462,7,209
48.685
(2) (am) 5. Information maintained by the department of health services
10under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13 (14) regarding
11any denial to the person of a license, continuation or renewal of a license,
12certification, or a contract to operate an entity for a reason specified in sub. (4m) (a)
131. to 5. and regarding any denial to the person of employment at, a contract with, or
14permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the
15information obtained under this subdivision indicates that the person has been
16denied a license, continuation or renewal of a license, certification, a contract,
17employment, or permission to reside as described in this subdivision, the
18department, a county department,
an agency contracted with under s. 48.651 (2), a
19child welfare agency
, or a school board need not obtain the information specified in
20subds. 1. to 4.
AB462, s. 7
21Section
7. 48.685 (2) (ar) of the statutes is created to read:
AB462,8,522
48.685
(2) (ar) In addition to obtaining the information specified in par. (am)
23with respect to a person who has, or is seeking, a license to operate a day care center
24under s. 48.65, certification as a day care provider under s. 48.651, or a contract
25under s. 120.13 (14) to operate a day care center, a nonclient resident of such an
1entity, or a person under 18 years of age, but not under 12 years of age, who is a
2caregiver of such an entity, the department, a county department, an agency
3contracted with under s. 48.651 (2), or a school board shall obtain information that
4is contained in the sex offender registry under s. 301.45 regarding whether the
5person has committed a sex offense that is a serious crime.
AB462, s. 8
6Section
8. 48.685 (2) (b) 2. of the statutes is created to read:
AB462,8,137
48.685
(2) (b) 2. In addition to obtaining the information specified in subd. 1.
8with respect to a caregiver specified in sub. (1) (ag) 1. a. of a day care center that is
9licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
10day care provider that is certified under s. 48.651, the day care center or day care
11provider shall obtain information that is contained in the sex offender registry under
12s. 301.45 regarding whether the person has committed a sex offense that is a serious
13crime.
AB462, s. 9
14Section
9. 48.685 (2) (b) 4. of the statutes is amended to read:
AB462,8,2215
48.685
(2) (b) 4.
Subdivision 1. does
Subdivisions 1. and 2. do not apply with
16respect to a
nonclient resident or person under 18 years of age, but not under 12 years
17of age, who is a caregiver
or nonclient resident of a day care center that is licensed
18under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
19provider that is certified under s. 48.651 and with respect to whom the department,
20a county department
, an agency contracted with under s. 48.651 (2), or a school board
21is required under par. (am) (intro.) to obtain the information specified in par. (am)
221. to 5.
AB462, s. 10
23Section
10. 48.685 (2) (bb) of the statutes is amended to read:
AB462,9,1724
48.685
(2) (bb) If information obtained under par. (am) or (b) 1. indicates a
25charge of a serious crime, but does not completely and clearly indicate the final
1disposition of the charge, the department, county department,
agency contracted
2with under s. 48.651 (2), child welfare agency, school board
, or entity shall make
3every reasonable effort to contact the clerk of courts to determine the final disposition
4of the charge. If a background information form under sub. (6) (a) or (am) indicates
5a charge or a conviction of a serious crime, but information obtained under par. (am)
6or (b) 1. does not indicate such a charge or conviction, the department, county
7department,
agency contracted with under s. 48.651 (2), child welfare agency, school
8board
, or entity shall make every reasonable effort to contact the clerk of courts to
9obtain a copy of the criminal complaint and the final disposition of the complaint.
10If information obtained under par. (am) or (b) 1., a background information form
11under sub. (6) (a) or (am)
, or any other information indicates a conviction of a
12violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01
, or 947.013 obtained
13not more than 5 years before the date on which that information was obtained, the
14department, county department,
agency contracted with under s. 48.651 (2), child
15welfare agency, school board
, or entity shall make every reasonable effort to contact
16the clerk of courts to obtain a copy of the criminal complaint and judgment of
17conviction relating to that violation.
AB462, s. 11
18Section
11. 48.685 (2) (bd) of the statutes is amended to read:
AB462,9,2519
48.685
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
20department,
an agency contracted with under s. 48.651 (2), a child welfare agency
, 21or a school board is not required to obtain the information specified in par. (am) 1.
22to 5., and an entity is not required to obtain the information specified in par. (b) 1.
23a. to e., with respect to a person under 18 years of age whose background information
24form under sub. (6) (am) indicates that the person is not ineligible to be employed,
25contracted with
, or permitted to reside at an entity for a reason specified in sub. (4m)
1(b) 1. to 5. and with respect to whom the department, county department,
contracted
2agency, child welfare agency, school board
, or entity otherwise has no reason to
3believe that the person is ineligible to be employed, contracted with
, or permitted to
4reside at an entity for any of those reasons. This paragraph does not preclude the
5department, a county department,
an agency contracted with under s. 48.651 (2), a
6child welfare agency
, or a school board from obtaining, at its discretion, the
7information specified in par. (am) 1. to 5. with respect to a person described in this
8paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
AB462, s. 12
9Section
12. 48.685 (2) (bg) of the statutes is amended to read:
AB462,10,1710
48.685
(2) (bg) If an entity employs or contracts with a caregiver for whom,
11within the last
4 years year, the information required under par. (b) 1. a. to c. and e.
12has already been obtained by another entity, the entity may obtain that information
13from that other entity, which shall provide the information, if possible, to the
14requesting entity. If an entity cannot obtain the information required under par. (b)
151. a. to c. and e. from another entity or if an entity has reasonable grounds to believe
16that any information obtained from another entity is no longer accurate, the entity
17shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.
AB462, s. 13
18Section
13. 48.685 (2) (bm) of the statutes is amended to read:
AB462,11,1019
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
,
20(ar), or (b) 1. is not a resident of this state, or if at any time within the 3 years
21preceding the date of the search that person has not been a resident of this state, or
22if the department, county department,
agency contracted with under s. 48.651 (2), 23child welfare agency, school board
, or entity determines that the person's
24employment, licensing
, or state court records provide a reasonable basis for further
25investigation, the department, county department,
contracted agency, child welfare
1agency, school board
, or entity shall make a good faith effort to obtain from any state
2or other United States jurisdiction in which the person is a resident or was a resident
3within the 3 years preceding the date of the search information that is equivalent to
4the information specified in par. (am) 1.
, (ar), or (b) 1. a. The department, county
5department,
contracted agency, child welfare agency, school board
, or entity may
6require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete
7set of the person's fingerprints. The department of justice may provide for the
8submission of the fingerprint cards to the federal bureau of investigation for the
9purposes of verifying the identity of the person fingerprinted and obtaining records
10of his or her criminal arrests and convictions.
AB462, s. 14
11Section
14. 48.685 (3) (a) of the statutes is amended to read:
AB462,11,2112
48.685
(3) (a)
Every Subject to par. (am), every 4 years or at any time within
13that period that the department, a county department,
or a child welfare agency
, or
14a school board considers appropriate, the department, county department,
or child
15welfare agency
, or school board shall request the information specified in sub. (2)
16(am) 1. to 5. for all caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified,
17or contracted to operate an entity
, and for all persons who are nonclient residents of
18such a caregiver
, and for all persons under 18 years of age, but not under 12 years
19of age, who are caregivers of a day care center that is licensed under s. 48.65 or
20established or contracted for under s. 120.13 (14) or of a day care provider that is
21certified under s. 48.651.
AB462, s. 15
22Section
15. 48.685 (3) (am) of the statutes is created to read:
AB462,12,1223
48.685
(3) (am) 1. Every 3 months or at any time within that period that the
24department, a county department, an agency contracted with under s. 48.651 (2), or
25a school board considers appropriate, the department, county department,
1contracted agency, or school board shall request the information specified in sub. (2)
2(am) 1. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed under
3s. 48.65 to operate a day care center, certified as a day care provider under s. 48.651,
4or contracted under s. 120.13 (14) to operate a day care center. Beginning on January
51, 2011, and annually after that, the department shall submit a report to the
6appropriate standing committees of the legislature under s. 13.172 (3) describing the
7information collected under this subdivision, specifically any information indicating
8that a caregiver specified in sub. (1) (ag) 1. b. is ineligible under sub. (4m) (a) to be
9licensed under s. 48.65 to operate a day care center, certified under s. 48.651 as a child
10care provider, or contracted under s. 120.13 (14) to operate a day care center, and
11describing any action taken in response to the receipt of information under this
12subdivision indicating that such a caregiver is so ineligible.
AB462,12,1913
2. Every year or at any time within that period that the department, a county
14department, an agency contracted with under s. 48.651 (2), or a school board
15considers appropriate, the department, county department, contracted agency, or
16school board shall request the information specified in sub. (2) (am) 1. and (ar) for
17all persons who are nonclient residents of a caregiver specified in sub. (1) (ag) 1. b.
18and for all persons under 18 years of age, but not under 12 years of age, who are
19caregivers specified in sub. (1) (ag) 1. a. of such a caregiver.
AB462, s. 16
20Section
16. 48.685 (3) (b) of the statutes is amended to read:
AB462,13,221
48.685
(3) (b)
Every Subject to par. (bm), every 4 years or at any time within
22that period that an entity considers appropriate, the entity shall request the
23information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers
24specified in sub. (1) (ag) 1. a. of the entity
other than persons under 18 years of age,
25but not under 12 years of age, who are caregivers of a day care center that is licensed
1under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
2provider that is certified under s. 48.651.
AB462, s. 17
3Section
17. 48.685 (3) (bm) of the statutes is created to read:
AB462,13,94
48.685
(3) (bm) Every year or at any time within that period that a day care
5center that is licensed under s. 48.65 or established or contracted for under s. 120.13
6(14) or a day care provider that is certified under s. 48.651 considers appropriate, the
7day care center or day care provider shall request the information specified in sub.
8(2) (b) 1. a. to e. and 2. for all persons who are caregivers specified in sub. (1) (ag) 1.
9a. of the day care center or day care provider who are 18 years of age or over.
AB462, s. 18
10Section
18. 48.685 (3m) of the statutes is amended to read:
AB462,13,1711
48.685
(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
12county department,
an agency contracted with under s. 48.651 (2), a child welfare
13agency
, or a school board has obtained the information required under sub. (2) (am)
14or (3) (a)
or (am) with respect to a person who is a caregiver specified in sub. (1) (ag)
151. b. and that person is also an employee, contractor
, or nonclient resident of an
16entity, the entity is not required to obtain the information specified in sub. (2) (b) 1.
17or (3) (b) with respect to that person.
AB462, s. 19
18Section
19. 48.685 (4m) (a) 1. of the statutes is amended to read:
AB462,14,219
48.685
(4m) (a) 1. That the person has been convicted of a serious crime or, if
20the person is an applicant for issuance or continuation of a license to operate a day
21care center or for initial certification under s. 48.651 or for renewal of that
22certification or if the person is proposing to contract with a school board under s.
23120.13 (14) or to renew a contract under that subsection, that the person has been
24convicted of a serious crime or adjudicated delinquent on or after his or her 12th
25birthday for committing a serious crime
or that the person is the subject of a pending
1criminal charge or delinquency petition alleging that the person has committed a
2serious crime on or after his or her 12th birthday.
AB462,14,135
48.685
(4m) (ad) The department, a county department, or a child welfare
6agency may license a foster home or treatment foster home under s. 48.62
,; the
7department may license a day care center under s. 48.65; the department in a county
8having a population of 500,000 or more, a county department, or an agency
9contracted with under s. 48.651 (2) may certify a day care provider under s. 48.651
,; 10and a school board may contract with a person under s. 120.13 (14), conditioned on
11the receipt of the information specified in sub. (2) (am)
and (ar) indicating that the
12person is not ineligible to be licensed, certified, or contracted with for a reason
13specified in par. (a) 1. to 5.
AB462,14,2417
48.685
(4m) (ad) The department, a county department, or a child welfare
18agency may license a foster home under s. 48.62; the department may license a day
19care center under s. 48.65; the department in a county having a population of 500,000
20or more, a county department, or an agency contracted with under s. 48.651 (2) may
21certify a day care provider under s. 48.651; and a school board may contract with a
22person under s. 120.13 (14), conditioned on the receipt of the information specified
23in sub. (2) (am) and (ar) indicating that the person is not ineligible to be licensed,
24certified, or contracted with for a reason specified in par. (a) 1. to 5.
AB462, s. 22
25Section
22. 48.685 (4m) (b) 1. of the statutes is amended to read:
AB462,15,8
148.685
(4m) (b) 1. That the person has been convicted of a serious crime or, if
2the person is a caregiver or nonclient resident of a day care center that is licensed
3under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
4provider that is certified under s. 48.651, that the person has been convicted of a
5serious crime or adjudicated delinquent on or after his or her 12th birthday for
6committing a serious crime
or that the person is the subject of a pending criminal
7charge or delinquency petition alleging that the person has committed a serious
8crime on or after his or her 12th birthday.
AB462,15,2511
48.685
(5) (a) Subject to
par. pars. (bm)
and (br), the department may license
12to operate an entity, the department in a county having a population of 500,000 or
13more, a county department, or an agency contracted with under s. 48.651 (2) may
14certify under s. 48.651, a county department or a child welfare agency may license
15under s. 48.62, and a school board may contract with under s. 120.13 (14) a person
16who otherwise may not be licensed, certified, or contracted with for a reason specified
17in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside
18at the entity a person who otherwise may not be employed, contracted with, or
19permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the
20person demonstrates to the department, the county department, the contracted
21agency, the child welfare agency, or the school board or, in the case of an entity that
22is located within the boundaries of a reservation, to the person or body designated
23by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance
24with procedures established by the department by rule or by the tribe that he or she
25has been rehabilitated.
AB462, s. 24
1Section
24. 48.685 (5) (br) of the statutes is created to read:
AB462,16,102
48.685
(5) (br) For purposes of licensing a person to operate a day care center
3under s. 48.65, certifying a day care provider under s. 48.651, or contracting with a
4person under s. 120.13 (14) to operate a day care center or of permitting a person to
5be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day care center
6or day care provider, no person who has been convicted or adjudicated delinquent on
7or after his or her 12th birthday for committing any of the following offenses or who
8is the subject of a pending criminal charge or delinquency petition alleging that the
9person has committed any of the following offenses on or after his or her 12th
10birthday may be permitted to demonstrate that he or she has been rehabilitated:
AB462,16,1211
1. An offense under ch. 948 that is a felony, other than a violation of s. 948.22
12(2) or 948.51 (2).
AB462,16,1413
2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (4), (5), or (6) or
14940.20 (1) or (1m), if the victim is the spouse of the person.
AB462,16,1615
3. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1),
16(2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), or 943.32 (2).
AB462,16,1917
4. A violation of sub. (2), (3), (4m) (b), or (6), if the violation involves the
18provision of false information to the department, a county department, an agency
19contracting under s. 48.651 (2), a school board, or an entity.
AB462,17,220
5. An offense involving fraudulent activity as a participant in the Wisconsin
21Works program under ss. 49.141 to 49.161, including as a recipient of a child care
22subsidy under s. 49.155, or as a recipient of aid to families with dependent children
23under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits
24under the food stamp program under
7 USC 2011 to
2036, supplemental security
25income payments under s. 49.77, payments for the support of children of
1supplemental security income recipients under s. 49.775, or health care benefits
2under the Badger Care health care program under s. 49.665.
AB462,17,93
6. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3),
4125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207,
5940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s. 948.51 (3)
6(b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2)
7(am) 5., 6., or 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony,
8if committed not more than 5 years before the date of the investigation under sub.
9(2) (am) or (b) 1.
AB462,17,1210
7. A violation of s. 948.22 (2), if committed not more than 5 years before the date
11of the investigation under sub. (2) (am) or (b) 1., unless the person has paid all
12arrearages due and is meeting his or her current support obligations.