SB285: Bill Text

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 The treatment of 48.38 (5) (d) of the statutes by 2009 Wisconsin Act 79 is not repealed by 2009 Wisconsin Act 94.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.

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. 44 Section 44. 48.685 (3) (b) of the statutes, as affected by 2009 Wisconsin Acts 76 and 185, is amended to read:

SB285,22,17 48.685 (3) (b) Subject to par. (bm), 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 specified in sub. (1) (ag) 1. a. of the entity. child child

Note: The stricken language was inserted by 2009 Wis. Act 185, but rendered superfluous by the treatment by 2009 Wis. Act 76.

SB285, s. 45 Section 45. 48.685 (3) (bm) of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,23,4 48.685 (3) (bm) Every year or at any time within that period that a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a day child care provider that is certified under s. 48.651 considers appropriate, the day child care center or day child care provider shall request the information specified in sub. (2) (b) 1. a. to e. and 2. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the day child care center or day child care provider who are 18 years of age or over.

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. 46 Section 46. The treatment of 48.685 (4m) (a) 1. 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 (4m) (a) 1. reads:

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 child care center or for initial certification under s. 48.651 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 or that the person 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.

SB285, s. 47 Section 47. The treatment of 48.685 (4m) (ad) of the statutes by 2009 Wisconsin Act 76, section 20, is not repealed by 2009 Wisconsin Act 185, section 66. Both treatments stand.

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

(ad) The department, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62; the department may license a day care center under s. 48.65; the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651; 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) and (ar) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.

SB285, s. 48 Section 48. The treatment of 48.685 (4m) (b) 1. 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 (4m) (b) 1. reads:

1. That the person has been convicted of a serious crime or, if the person is a caregiver or nonclient resident 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, 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 or that the person 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.

SB285, s. 49 Section 49. 48.685 (5) (br) (intro.) and 3m. of the statutes, as created by 2009 Wisconsin Act 76, are amended to read:

SB285,24,12 48.685 (5) (br) (intro.) 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 nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day child care center or day child care provider, no person who has been convicted or adjudicated delinquent on or after his or her 12th birthday for committing any of the following offenses or who is the subject of a pending criminal charge or delinquency petition alleging that the person has committed any of the following offenses on or after his or her 12th birthday may be permitted to demonstrate that he or she has been rehabilitated:

SB285,24,18 3m. Except for purposes of permitting a person to be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day child care center or day child care provider, a violation of s. 943.201, 943.203, 943.32 (2), or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under subch. IV of ch. 943 that is a felony.

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

SB285, s. 50 Section 50. 48.685 (6) (am) of the statutes, as affected by 2009 Wisconsin Act 76, is amended to read:

SB285,25,8 48.685 (6) (am) 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 child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a day child 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 child care center or day child care provider by the department.

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

SB285, s. 51 Section 51. 48.715 (4g) of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,25,19 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 child 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 child 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 child care center immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.

SB285,26,7 (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 child 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 child 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 child 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 child care center.

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. 52 Section 52. 49.45 (5m) (ag) of the statutes is repealed.

Note: Section 49.45 (5m) (ag) defines "critical access hospital" for purposes of s. 49.45 (5m). 2009 Wis. Act 2 removed the only references to "critical access hospital" in s. 49.45 (5m), rendering the definition superfluous.

SB285, s. 53 Section 53. The treatment of 50.39 (3) of the statutes by 2009 Wisconsin Act 113 is not repealed by 2009 Wisconsin Act 149. Both treatments stand.