SB285: Bill Text

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 16 Section 16. 48.355 (2) (b) 6. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,7,20 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement,. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 17 Section 17. The treatment of 48.363 (1) (b) of the statutes by 2009 Wisconsin Act 79, section 38, is not repealed by 2009 Wisconsin Act 94, section 100. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.363 (1) (b) reads:

(b) If a hearing is held, at least 3 days before prior to the the hearing the court shall notify the child, the child's parent, guardian, legal custodian, and Indian custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child by the unborn child's guardian ad litem. If the proceeding involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all parties bound by the dispositional order, and the district attorney or corporation counsel in the county in which the dispositional order was entered. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

SB285, s. 18 Section 18. 48.365 (2m) (a) 1. and 1m. of the statutes, as affected by 2009 Wisconsin Act 79, section 44, and 2009 Wisconsin Act 94, section 106, and 2009 Wisconsin Act 185, section 17, are amended to read:

SB285,8,14 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement, under. If an Indian child is placed outside the home of his or her parent or Indian custodian, the person or agency primarily responsible for providing services to the Indian child shall also present as evidence specific information showing that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.

SB285,9,7 1m. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the child to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement, under. If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the findings of fact shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. An order shall be issued under s. 48.355.

Note: 2009 Wis. Act 185 deleted a comma where each underscored comma is inserted, but the reinsertion of those commas was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken commas, but they were rendered unnecessary by the treatment by Act 185. 2009 Wis. Act 94 inserted the two instances of the word "under" that are stricken here, but they were rendered surplusage by the Act 185 treatment.

SB285, s. 19 Section 19. The treatment of 48.365 (2m) (ag) of the statutes by 2009 Wisconsin Act 79, section 48, is not repealed by 2009 Wisconsin Act 94, section 110. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.365 (2m) (ag) reads:

(ag) The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) a right to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. A foster parent, treatment foster parent, or other physical custodian who receives notice of a hearing under sub. (2) and a right to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and having the right to be heard.

SB285, s. 20 Section 20. 48.365 (2m) (ag) of the statutes, as affected by 2009 Wisconsin Act Act 94, section 111, is amended to read:

SB285,9,16 48.365 (2m) (ag) The court shall give a foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) an opportunity a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. A foster parent or other physical custodian who receives notice of a hearing under sub. (2) and an opportunity a right to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and having the opportunity right to be heard.

Note: 2009 Wis. Act 94, section 111, repealed and recreated s. 48.365 (2m) (ag) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 49. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both treatments.

SB285, s. 21 Section 21. 48.38 (4m) of the statutes, as affected by 2009 Wisconsin Act 79, sections 56 and 57, and 2009 Wisconsin Act 94, sections 113 and 114, is repealed and recreated to read:

SB285,10,19 48.38 (4m) Reasonable efforts not required; permanency plan determination hearing. (a) If in a proceeding under s. 48.21, 48.32, 48.355, 48.357, or 48.365 the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing. At the hearing, the court shall consider placing the child in a placement outside this state if the court determines that such a placement would be in the best interests of the child and appropriate to achieving the goal of the child's permanency plan.

SB285,11,4 (b) At least 10 days before the date of the hearing the court shall notify the child; any parent, guardian, and legal custodian of the child; any foster parent, or other physical custodian described in s. 48.62 (2) of the child, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

SB285,11,19 (c) If the child's permanency plan includes a statement under sub. (4) (i) indicating that the child's age and developmental level are sufficient for the court to consult with the child regarding the child's permanency plan or if, notwithstanding a decision under sub. (4) (i) that it would not be appropriate for the court to consult with the child, the court determines that consultation with the child would be in the best interests of the child, the court shall consult with the child, in an age-appropriate and developmentally appropriate manner, regarding the child's permanency plan and any other matters the court finds appropriate. If none of those circumstances apply, the court may permit the child's caseworker, the child's counsel, or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, expressing the child's wishes, goals, and concerns regarding the permanency plan and those matters. If the court permits such a written or oral statement to be made or submitted, the court may nonetheless require the child to be physically present at the hearing.

SB285,12,2 (d) The court shall give a foster parent, other physical custodian described in s. 48.62 (2), operator of a facility, or relative who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, or relative to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, or relative does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

Note: 2009 Wis. Act 79, section 56, and 2009 Wis. Act 94, section 113, create very similar, but not identical, provisions that are numbered s. 48.38 (4m). This treatment gives effect to both acts by merging the text of the two provisions and eliminating minor differences in punctuation and sentence structure. The provision created as s. 48.38 (4m) (c) in Act 94 is created as s. 48.38 (4m) (d) in Act 79, and a provision with no counterpart in Act 94 is created as s. 48.38 (4m) (c) in Act 79. The provision created as 48.38 (4m) (c) in Act 79 is recreated here as s. 48.38 (4m) (c), and the provision created as s. 48.38 (4m) (c) in Act 94 and as s. 48.38 (4m) (d) in Act 79 is recreated here as s. 48.38 (4m) (d). Act 79, section 57, and Act 94, section 114, each eliminated the phrase "treatment foster parent" in s. 48.38 (4m), as created by the respective acts, as of January 1, 2011.

SB285, s. 22 Section 22. The treatment of 48.38 (5) (b) of the statutes by 2009 Wisconsin Act 79, section 58, is not repealed by 2009 Wisconsin Act 94, section 115. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.38 (5) (b) reads:

(b) The court or the agency shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

SB285, s. 23 Section 23 . 48.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 116, is amended to read:

SB285,13,11 48.38 (5) (b) The court or the agency shall notify the child, if he or she is 12 years of age or older; the child's parent, guardian, and legal custodian; the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the date, time, and place , and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity shall have a right to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the date time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.

Note: 2009 Wis. Act 94, section 116, repealed and recreated s. 48.38 (5) (b) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 59. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 24 Section 24. 48.38 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act 79, section 61, is amended to read:

SB285,14,4 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, or court-appointed special advocate who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, or relative who receives notice of a hearing review under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

Note: 2009 Wis. Act 79 deleted "review" without showing it as stricken and inserted "hearing" without showing it as scored. No change was intended. The proceeding under s. 938.38 (5) (b) is referred to as a "review" throughout the provision.

SB285, s. 25 Section 25. 48.38 (5) (c) 7. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,14,9 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 26 Section 26. The treatment of 48.38 (5) (d) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.38 (5) (d) reads:

(d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the child's parent, guardian, and legal custodian, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe a copy of the permanency plan and any written comments submitted under par. (bm) 1. Notwithstanding s. 48.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the child's counsel, the child's guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.

SB285, s. 27 Section 27. The treatment of 48.38 (5) (e) of the statutes by 2009 Wisconsin Act 79, section 67, is not repealed by 2009 Wisconsin Act 94, section 119. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.38 (5) (e) reads:

(e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the child or the child's counsel or guardian ad litem; the person representing the interests of the public; the child's parent, guardian, and or legal custodian;, the child's court-appointed special advocate;, the child's foster parent or treatment foster parent, the operator of the facility where the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.

SB285, s. 28 Section 28 . 48.38 (5) (e) of the statutes, as affected by 2009 Wisconsin Act 94, section 120, is amended to read:

SB285,15,13 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the child or the child's counsel or guardian ad litem; the person representing the interests of the public; the child's parent, guardian, or legal custodian; the child's court-appointed special advocate; the child's foster parent or, the operator of the facility where the child is living, or the relative with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.

Note: 2009 Wis. Act 94, section 120, repealed and recreated s. 48.38 (5) (e) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 68. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 29 Section 29. The treatment of 48.38 (5m) (b) of the statutes by 2009 Wisconsin Act 79, section 69, is not repealed by 2009 Wisconsin Act 94, section 121. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.38 (5m) (b) reads:

(b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

SB285, s. 30 Section 30. 48.38 (5m) (b) of the statutes, as affected by 2009 Wisconsin Act 94, section 122, is amended to read:

SB285,16,15 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living; of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. and shall notify the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the date, time, and place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1.

Note: 2009 Wis. Act 94, section 122, repealed and recreated section 48.38 (5m) (b) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 70. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 31 Section 31. The treatment of 48.38 (5m) (d) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.38 (5m) (d) reads:

(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par. (c) 1. to the court, to the child's parent, guardian, and legal custodian, to the person representing the interests of the public, to the child's counsel or guardian ad litem, to the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, to the Indian child's Indian custodian and tribe. Notwithstanding s. 48.78 (2) (a), the person representing the interests of the public, the child's counsel or guardian ad litem, the child's court-appointed special advocate, and, if the child is an Indian child who is placed outside of the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.

SB285, s. 32 Section 32. The treatment of 48.43 (5m) of the statutes by 2009 Wisconsin Act 79, section 90, is not repealed by 2009 Wisconsin Act 94, section 157. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.43 (5m) reads:

(5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, to the child's foster parent or treatment foster parent, the operator of the facility in which the child is living, or the relative with whom the child is living, and, if the order under sub. (1) involuntarily terminated parental rights to an Indian child, to the Indian child's tribe.

SB285, s. 33 Section 33. 48.43 (5m) of the statutes, as affected by 2009 Wisconsin Act 94, section 158, is amended to read:

SB285,17,13 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, to the child's foster parent or, the operator of the facility in which the child is living, or the relative with whom the child is living, and, if the order under sub. (1) involuntarily terminated parental rights to an Indian child, to the Indian child's tribe.

Note: 2009 Wis. Act 94, section 158, repealed and recreated s. 48.43 (5m) without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79, section 91. There is no mutual inconsistency between the treatments made by the two acts, and the substantive changes made by Act 79 are made here in order to give effect to both acts.

SB285, s. 34 Section 34. The treatment of 48.48 (17) (c) 4. of the statutes by 2009 Wisconsin Act 28, section 984, is not repealed by 2009 Wisconsin Act 180. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.48 (17) (c) 4. reads:

4. Is living in a foster home, treatment foster home, group home, or residential care center for children and youth.

SB285, s. 35 Section 35 . 48.48 (17) (c) 4. of the statutes, as affected by 2009 Wisconsin Act 28, section 985, and 2009 Wisconsin Act 180, is amended to read:

SB285,18,7 48.48 (17) (c) 4. Is living in a foster home, group home, or residential care center for children and youth.

Note: 2009 Wis. Act 28, section 985, deleted the scored "or" without showing it as stricken. No change was intended.

SB285, s. 36 Section 36. The treatment of 48.63 (5) (d) 4. of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.63 (5) (d) 4. reads:

4. Not less than 10 days before the review, the agency that placed the child or that arranged the placement of the child shall provide a copy of the revised permanency plan or plans and the request for review submitted under subd. 3. and notice of the time and place of the review to the child, the parent, guardian, Indian custodian, and legal custodian of the child, and the operator of the group home in which the child is placed, together with notice of the issues to be determined as part of the permanency plan review and notice of the fact that those persons shall have a right to be heard at the review by submitting written comments to that agency or the independent reviewing agency before the review or by participating at the review.

SB285, s. 37 Section 37. 48.651 (3) of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,19,7 48.651 (3) (a) If a day child care provider certified under sub. (1) 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 child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall revoke the certification of the day child care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.

SB285,19,18 (b) If a day child care provider certified under sub. (1) 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 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 in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall immediately suspend the certification of the day child care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be certified under sub. (1).

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 38 Section 38. 48.685 (1) (c) 3m. of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,20,3 48.685 (1) (c) 3m. For purposes of licensing a person to operate a day child care center under s. 48.65, certifying a day child care provider under s. 48.651, or contracting with a person under s. 120.13 (14) to operate a day child care center, or of permitting a person to be a caregiver or nonclient resident of such a day child care center or day child care provider, any violation listed in subds. 1. to 3. or sub. (5) (br) 1. to 7.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 39 Section 39. The treatment of 48.685 (2) (am) (intro.) of the statutes by 2009 Wisconsin Act 76 is not repealed by 2009 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 48.685 (2) (am) (intro.) reads:

(am) The department, a county department, an agency contracted with under s. 48.651 (2), 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 child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a child care provider that is certified under s. 48.651:

SB285, s. 40 Section 40. 48.685 (2) (ar) of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,20,16 48.685 (2) (ar) In addition to obtaining the information specified in par. (am) with respect to a person who has, or is seeking, a license to operate a day child care center under s. 48.65, certification as a day child care provider under s. 48.651, or a contract under s. 120.13 (14) to operate a day child care center, a nonclient resident of such an entity, or a person under 18 years of age, but not under 12 years of age, who is a caregiver of such an entity, the department, a county department, an agency contracted with under s. 48.651 (2), or a school board shall obtain information that is contained in the sex offender registry under s. 301.45 regarding whether the person has committed a sex offense that is a serious crime.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 41 Section 41. 48.685 (2) (b) 2. of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,21,9 48.685 (2) (b) 2. In addition to obtaining the information specified in subd. 1. with respect to a caregiver specified in sub. (1) (ag) 1. a. of a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day child care provider that is certified under s. 48.651, the day child care center or day child care provider shall obtain information that is contained in the sex offender registry under s. 301.45 regarding whether the person has committed a sex offense that is a serious crime.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 42 Section 42. The treatment of 48.685 (2) (b) 4. of the statutes by 2009 Wisconsin Act 76 is not repealed by 2009 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (2) (b) 4. reads:

4. Subdivisions 1. and 2. do not apply with respect to a nonclient resident or person under 18 years of age, but not under 12 years of age, who is a caregiver of a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a child care provider that is certified under s. 48.651 and with respect to whom the department, a county department, an agency contracted with under s. 48.651 (2), or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.

SB285, s. 43 Section 43. 48.685 (3) (am) 1. of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,22,11 48.685 (3) (am) 1. Every 3 months or at any time within that period that the department, a county department, an agency contracted with under s. 48.651 (2), or a school board considers appropriate, the department, county department, contracted agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed under s. 48.65 to operate a day child care center, certified as a day child care provider under s. 48.651, or contracted under s. 120.13 (14) to operate a day child care center. Beginning on January 1, 2011, and annually after that, the department shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) describing the information collected under this subdivision, specifically any information indicating that a caregiver specified in sub. (1) (ag) 1. b. is ineligible under sub. (4m) (a) to be licensed under s. 48.65 to operate a day child care center, certified under s. 48.651 as a child care provider, or contracted under s. 120.13 (14) to operate a day child care center, and describing any action taken in response to the receipt of information under this subdivision indicating that such a caregiver is so ineligible.