SB30,817
16Section 817
. 48.685 (4m) (d) of the statutes is created to read:
SB30,444,2017
48.685
(4m) (d) If the department learns that a caregiver or nonclient resident
18is the subject of a pending investigation for a crime or offense that, under this
19subsection or sub. (5), could result in a bar to employment as a caregiver or residence
20at an entity, the department is the entity of the pending investigation.
SB30,818
21Section 818
. 48.685 (5) (a) of the statutes is amended to read:
SB30,445,1522
48.685
(5) (a) Subject to
pars.
par. (bm)
and (br), the department may license
23to operate an entity,
the department in a county having a population of 750,000 or
24more, a county department, or an agency contracted with under s. 48.651 (2) may
25certify under s. 48.651, a county department or a child welfare agency may license
1to operate a foster home under s. 48.62, the department in a county having a
2population of 750,000 or more or a county department may provide subsidized
3guardianship payments under s. 48.623 (6)
, and a school board may contract with
4under s. 120.13 (14) to a person who otherwise may not be
so licensed
, certified, or 5contracted with or provided those payments for a reason specified in sub. (4m) (a) 1.
6to 5., and an entity may employ, contract with, or permit to reside at the entity or
7permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the entity a person
8who otherwise may not be
so employed, provided payments,
contracted with, or
9permitted to reside at the entity or with that caregiver for a reason specified in sub.
10(4m) (b) 1. to 5., if the person demonstrates to the department,
the county
11department,
the contracted agency, the or child welfare agency
, or the school board 12or, in the case of an entity that is located within the boundaries of a reservation, to
13the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and
14convincing evidence and in accordance with procedures established by the
15department by rule or by the tribe that he or she has been rehabilitated.
SB30,819
16Section 819
. 48.685 (5) (bm) (intro.) of the statutes is amended to read:
SB30,445,2317
48.685
(5) (bm) (intro.) For purposes of licensing a foster home for the
18placement of a child
on whose behalf foster care maintenance payments under s.
1948.62 (4) will be provided or of providing subsidized guardianship payments to an
20interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as
21a successor guardian under s. 48.623 (6) (bm), no person
, including a caregiver or
22nonclient resident under this section, who has been convicted of any of the following
23offenses may be permitted to demonstrate that he or she has been rehabilitated:
SB30,820
24Section 820
. 48.685 (5) (br) of the statutes is repealed.
SB30,821
25Section 821
. 48.685 (5c) (a) of the statutes is amended to read:
SB30,446,6
148.685
(5c) (a) Any person who is permitted but fails under sub. (5) (a) to
2demonstrate to the department
, an agency contracted with under s. 48.651 (2), or a
3child welfare agency that he or she has been rehabilitated may appeal to the
4secretary or his or her designee. Any person who is adversely affected by a decision
5of the secretary or his or her designee under this paragraph has a right to a contested
6case hearing under ch. 227.
SB30,822
7Section 822
. 48.685 (5c) (c) of the statutes is repealed.
SB30,823
8Section 823
. 48.685 (5m) of the statutes is amended to read:
SB30,447,59
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
10a person to operate an entity, a county department or a child welfare agency may
11refuse to license a foster home under s. 48.62, the department in a county having a
12population of 750,000 or more or a county department may refuse to provide
13subsidized guardianship payments to a person under s. 48.623 (6), and an entity may
14refuse to employ or contract with a caregiver or permit a nonclient resident to reside
15at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of the entity if the
16person has been convicted of an offense that is not a serious crime, but that is, in the
17estimation of the department, county department, child welfare agency, or entity,
18substantially related to the care of a client.
Notwithstanding s. 111.335, the
19department may refuse to license a person to operate a child care center, the
20department in a county having a population of 750,000 or more, a county
21department, or an agency contracted with under s. 48.651 (2) may refuse to certify
22a child care provider under s. 48.651, a school board may refuse to contract with a
23person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or
24established or contracted for under s. 120.13 (14) or a child care provider that is
25certified under s. 48.651 may refuse to employ or contract with a caregiver or permit
1a nonclient resident to reside at the child care center or child care provider if the
2person has been convicted of or adjudicated delinquent on or after his or her 12th
3birthday for an offense that is not a serious crime, but that is, in the estimation of
4the department, county department, contracted agency, school board, child care
5center, or child care provider, substantially related to the care of a client.
SB30,824
6Section 824
. 48.685 (6) (a) of the statutes is amended to read:
SB30,447,227
48.685
(6) (a) Except as provided in this paragraph, the department shall
8require any person who applies for issuance, continuation, or renewal of a license to
9operate an entity, a county department or a child welfare agency shall require any
10person who applies for issuance or renewal of a license to operate a foster home under
11s. 48.62, and the department in a county having a population of 750,000 or more or
12a county department shall require any person who applies for subsidized
13guardianship payments under s. 48.623 (6) to complete a background information
14form that is provided by the department.
The department shall require any person
15who applies for issuance, but not continuation, of a license to operate a child care
16center under s. 48.65, a school board shall require any person who proposes to
17contract, but not renew a contract, with the school board under s. 120.13 (14), and
18the department in a county having a population of 750,000 or more, a county
19department, or an agency contracted with under s. 48.651 (2) shall require any child
20care provider who applies for initial certification, but not renewal of that
21certification, under s. 48.651 to complete a background information form that is
22provided by the department.
SB30,825
23Section 825
. 48.685 (6) (am) of the statutes is amended to read:
SB30,448,724
48.685
(6) (am)
Except as provided in this paragraph, every Every 4 years an
25entity shall require all of its caregivers and all nonclient residents of the entity or of
1a caregiver specified in sub. (1) (ag) 1. am. of the entity to complete a background
2information form that is provided to the entity by the department.
A child care
3center that is licensed under s. 48.65 or established or contracted for under s. 120.13
4(14) or a child care provider that is certified under s. 48.651 is exempt from the 4-year
5requirement, but shall require any new caregiver or nonclient resident to complete
6a background information form that is provided to the child care center or child care
7provider by the department.
SB30,826
8Section 826
. 48.685 (6) (b) 1. of the statutes is amended to read:
SB30,448,159
48.685
(6) (b) 1. For caregivers who are licensed by the department,
for persons
10under 18 years of age, but not under 12 years of age, who are caregivers of a child care
11center that is licensed under s. 48.65 or established or contracted for under s. 120.13
12(14) or of a child care provider that is certified under s. 48.651, for persons who are
13nonclient residents of an entity that is licensed by the department, and for other
14persons specified by the department by rule, the entity shall send the background
15information form to the department.
SB30,827
16Section 827
. 48.685 (6) (b) 2. of the statutes is amended to read:
SB30,448,2217
48.685
(6) (b) 2. For caregivers who are licensed
or certified by a county
18department
or an agency contracted with under s. 48.651 (2), for persons who are
19nonclient residents of an entity that is licensed
or certified by a county department
20or an agency contracted with under s. 48.651 (2), and for other persons specified by
21the department by rule, the entity shall send the background information form to the
22county department
or contracted agency.
SB30,828
23Section 828
. 48.685 (6) (b) 4. of the statutes is repealed.
SB30,829
24Section 829
. 48.685 (8) of the statutes is amended to read:
SB30,449,10
148.685
(8) The department, the department of health services, a county
2department,
an agency contracted with under s. 48.651 (2), or a child welfare agency
,
3or a school board may charge a fee for obtaining the information required under sub.
4(2) (am)
or (ar) or (3) (a)
or (am), for providing information to an entity to enable the
5entity to comply with sub. (2) (b)
1. or (3) (b), or for obtaining and submitting
6fingerprints under sub. (2) (bm)
or (br). The fee may not exceed the reasonable cost
7of obtaining the information or of obtaining and submitting fingerprints. No fee may
8be charged to a nurse aide, as defined in s. 146.40 (1) (d), for obtaining or maintaining
9information or for obtaining and submitting fingerprints if to do so would be
10inconsistent with federal law.
SB30,830
11Section 830
. 48.685 (9) of the statutes is created to read:
SB30,449,1312
48.685
(9) The department may promulgate any rules necessary for the
13administration of this section.
SB30,831
14Section 831
. 48.686 of the statutes is created to read:
SB30,449,16
1548.686 Criminal history and child abuse record search; child care. (1) 16In this section:
SB30,449,1717
(ag) “Caregiver" means any of the following:
SB30,449,1818
1. A person who is any of the following:
SB30,449,1919
a. An employee or independent contractor of a child care program.
SB30,449,2120
b. Involved in the care or supervision of clients of a child care program or has
21unsupervised access to clients of a child care program.
SB30,449,2322
2. A person who has, or is seeking, a license, certification, or contract to operate
23a child care program.
SB30,450,224
(aj) “Child care program” means a child care center that is licensed under s.
2548.65 or established or contracted for under s. 120.13 (14), a child care provider that
1is certified under s. 48.651, or a temporary employment agency that provides
2caregivers to another child care program.
SB30,450,53
(am) “Client" means a person who receives direct care from a child care
4program, from an entity under s. 48.685 (1) (b) or from a caregiver specified in s.
548.685 (1) (ag) 1. am., including all of the following:
SB30,450,76
1. An adopted child for whom adoption assistance payments are being made
7under s. 48.975.
SB30,450,98
2. A child for whom subsidized guardianship payments are being made under
9s. 48.623.
SB30,450,1210
3. A person who is 18 to 21 years old, is receiving independent living services
11under
42 USC 677 (a) from an agency, is no longer placed in out-of-home care, and
12is residing in the foster home in which he or she was previously placed.
SB30,450,1513
(ar) “Contractor" means, with respect to a child care program, a person, or that
14person's agent, who provides services to the child care program under an express or
15implied contract or subcontract.
SB30,450,1816
(bm) “Nonclient resident" means a person who is age 10 or older, who resides,
17or is expected to reside, at a child care program, and who is not a client of the child
18care program or caregiver.
SB30,450,2119
(br) “Reservation" means land in this state within the boundaries of a
20reservation of a tribe or within the bureau of Indian affairs service area for the
21Ho-Chunk Nation.
SB30,450,2222
(c) “Serious crime" means any of the following:
SB30,450,2423
1. A violation of s. 940.12, 940.22 (2) or (3), 940.285 (2), 940.29, 940.295, or
24942.09 (2).
SB30,450,2525
2. A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
SB30,451,2
13. An offense under ch. 948 that is a felony, other than a violation of s. 948.22
2(2).
SB30,451,43
4. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (4), (5), or (6) or
4940.20 (1) or (1m), if the victim is the spouse of the person.
SB30,451,75
5. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1),
6(2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.04, 943.10 (2), 943.32
7(2), or 948.21 (1) (a).
SB30,451,128
6. Only for a caregiver, as defined in par. (ag) 2., a violation of s. 943.201,
9943.203, or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4)
10(a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or
11943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under subch. IV of ch.
12943 that is a felony.
SB30,451,1613
7. A violation of sub. (2) or s. 48.685 (2), (3), (4m) (b), or (6), 2015 stats., if the
14violation involves the provision of false information to or the intentional withholding
15of information from, the department, a county department, an agency contracting
16under s. 48.651 (2), a school board, or a child care program.
SB30,451,2417
8. An offense involving fraudulent activity as a participant in the Wisconsin
18Works program under ss. 49.141 to 49.161, including as a recipient of a child care
19subsidy under s. 49.155, or as a recipient of aid to families with dependent children
20under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits
21under the food stamp program under
7 USC 2011 to
2036, supplemental security
22income payments under s. 49.77, payments for the support of children of
23supplemental security income recipients under s. 49.775, or health care benefits
24under the Badger Care health care program under s. 49.665.
SB30,452,8
19. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3),
2125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207,
3940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s. 948.51 (3)
4(b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2)
5(am) 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if
6the person completed his or her sentence, including any probation, parole, or
7extended supervision, or was discharged by the department of corrections, less than
85 years before the date of the investigation under sub. (2) (am).
SB30,452,139
10. A violation of s. 948.22 (2), if the person completed his or her sentence,
10including any probation, parole, or extended supervision, or was discharged by the
11department of corrections, less than 5 years before the date of the investigation
12under sub. (2) (am), unless the person has paid all arrearages due and is meeting his
13or her current support obligations.
SB30,452,1514
11. A violation of the law of any other state or United States jurisdiction that
15would be a violation listed in subd. 1. to 10. if committed in this state.
SB30,452,2016
12. A violation of the laws of another state or United States jurisdiction that
17if committed in this state would constitute felony battery under s. 940.19 (2), (4), (5),
18or (6) or 940.20, a felony offense of domestic abuse, as defined in s. 813.12 (1) (am),
19a sex offense or a violent crime under ch. 948, or a violation of 940.225 if the victim
20was a child.
SB30,453,4
21(2) (a) The department shall require any person who applies for issuance of an
22initial license to operate a child care center under s. 48.65, a school board shall
23require any person who proposes an initial contract with the school board under s.
24120.13 (14), and the department in a county having a population of 750,000 or more,
25a county department, or an agency contracted with under s. 48.651 (2) shall require
1any child care provider who applies for initial certification under s. 48.651 to submit
2the information required for a background check request under par. (ag). A school
3board, county department, or contracted agency shall submit the completed
4background information request to the department.
SB30,453,95
(ab) Each child care program shall submit a request to the department for a
6criminal background check for each potential caregiver and potential nonclient
7resident prior to the date on which an individual becomes a caregiver or nonclient
8resident, and at least once during every 5-year period for each existing caregiver or
9nonclient resident, except if all of the following apply:
SB30,453,1310
1. The caregiver, potential caregiver, nonclient resident, or potential nonclient
11resident has received a background check as described in par. (am) while employed
12or seeking employment by another child care program within the state within the
13last 5 years.
SB30,453,1614
2. The department provided to the child care program under subd. 1. a
15qualifying background check result for the caregiver, potential caregiver, nonclient
16resident, or potential nonclient resident.
SB30,453,2017
3. The caregiver, potential caregiver, nonclient resident, or potential nonclient
18resident is employed by or resides at a child care program within the state or has been
19separated from employment or residence at a child care program within the state for
20a period of not more than 180 consecutive days.
SB30,453,2321
(ag) 1. A request for a background check to the department under par. (a) or (ab)
22shall be in the manner and on forms prescribed by the department, and shall include
23all of the following:
SB30,453,2424
a. Fingerprints of the subject that meet the standards of the department.
SB30,454,2
1b. Any additional information that the department deems necessary to perform
2the criminal background check.
SB30,454,43
2. A request for a criminal background check is considered submitted on the
4day that the department receives all of the information required under subd. 1.
SB30,454,85
3. The requester of a background check under this paragraph shall submit all
6fees required by the department pursuant to the instructions provided by the
7department, not to exceed the actual cost of conducting the criminal background
8check.
SB30,454,119
(am) Upon receipt of a request submitted under par. (a) or (ab), the department
10shall obtain all of the following with respect to a caregiver or a nonclient resident who
11is not under 10 years of age:
SB30,454,1312
1. A fingerprint-based criminal history search from the records maintained by
13the department of justice.
SB30,454,1514
2. Information that is contained in the registry under s. 146.40 (4g) regarding
15any findings against the person.
SB30,454,1716
3. Information maintained by the department of safety and professional
17services regarding the status of the person's credentials, if applicable.
SB30,454,2118
4. Information maintained by the department regarding any final
19determination under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such
20a determination, any final decision under s. 48.981 (3) (c) 5p. that the person has
21abused or neglected a child.
SB30,455,222
5. Information maintained by the department of health services under s. 48.685
23regarding any denial to the person of a license, continuation or renewal of a license,
24certification, or a contract to operate an entity or a child care program, for a reason
25specified in s. 48.685 (4m) (a) 1. to 5. and regarding any denial to the person of
1employment at, a contract with, or permission to reside at an entity or a child care
2program for a reason specified in s. 48.685 (4m) (a) 1. to 5.
SB30,455,43
6. Information that is contained in the sex offender registry under s. 301.45
4regarding whether the person has committed a sex offense that is a serious crime.
SB30,455,65
7. A fingerprint-based criminal history search using the federal bureau of
6investigation next generation identification.
SB30,455,87
8. A search of the national crime information center's national sex offender
8registry.
SB30,455,129
9. A search of the following registries, repositories, or databases in the state
10where the caregiver or nonclient resident resided for the period starting on the date
115 years prior to the department's receipt of the background check request and ending
12on the date the department received the background check request:
SB30,455,1313
a. The state criminal registry or repository.
SB30,455,1414
b. The state sex offender registry or repository.
SB30,455,1515
c. The state-based child abuse and neglect registry and database.
SB30,455,1616
10. A search of the department's criminal background check records.
SB30,455,2017
(ar) After receiving a request under par. (a) or (ab), the department shall
18conduct the criminal background check as expeditiously as possible and shall make
19a good faith effort to complete all components of the criminal background check no
20later than 45 days after the date on which the request was submitted.
SB30,456,921
(bb) If information obtained under par. (am) indicates a charge of a serious
22crime, but does not completely and clearly indicate the final disposition of the charge,
23the department shall make every reasonable effort to contact the clerk of courts to
24determine the final disposition of the charge. If information submitted to the
25department under par. (ag) indicates a charge or a conviction of a serious crime, but
1information obtained under par. (am) does not indicate such a charge or conviction,
2the department shall make every reasonable effort to contact the clerk of courts to
3obtain a copy of the criminal complaint and the final disposition of the complaint.
4If information obtained under par. (am), information submitted under par. (ag), or
5any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
6940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
7the date on which that information was obtained, the department shall make every
8reasonable effort to contact the clerk of courts to obtain a copy of the criminal
9complaint and judgment of conviction relating to that violation.
SB30,456,1910
(bd) Notwithstanding par. (am), the department is not required to obtain the
11information specified in par. (am) 1. to 10., with respect to a person under 18 years
12of age whose background check request under par. (ag) indicates that the person is
13not ineligible to be permitted to reside at a child care program for a reason specified
14in sub. (4m) (a) 1. to 8. and with respect to whom the department otherwise has no
15reason to believe that the person is ineligible to be permitted to reside for any of those
16reasons. This paragraph does not preclude the department from obtaining, at its
17discretion, the information specified in par. (am) 1. to 10. with respect to a person
18described in this paragraph who is a nonclient resident or a potential nonclient
19resident of a child care program.
SB30,456,2320
(br) The department shall require the person who is the subject of a search
21under par. (am) to be fingerprinted on 2 fingerprint cards, each bearing a complete
22set of the person's fingerprints, or by other technologies approved by law enforcement
23agencies, unless the person has previously been fingerprinted under this paragraph.
SB30,457,5
24(3) (am) Every year or at any time that the department considers appropriate,
25the department may request the information specified in sub. (2) (am) 1. to 5. for all
1caregivers under sub. (1) (ag) 2., nonclient residents of such a caregiver, and
2caregivers under sub. (1) (ag) 1. who have direct contact with clients. For the
3purposes of this paragraph, “direct contact” means face-to-face physical proximity
4to a client that affords the opportunity to commit abuse or neglect of a client or to
5misappropriate the property of a client.
SB30,457,126
(bm) Annually, by January 1, the department shall submit a report to the
7appropriate standing committees of the legislature under s. 13.172 (3) describing the
8report prepared under sub. (4p) (a) with respect to caregivers specified in sub. (1) (ag)
92., specifically any information indicating that the caregiver is ineligible under sub.
10(4m) (a) to be licensed, certified, or contracted to operate a child care program, and
11describing any action taken in response to the receipt of information under sub. (2)
12(am) indicating that such a caregiver is so ineligible.
SB30,457,15
13(4) (a) A child care program that violates sub. (2), (3), or (4m) (a) is subject to
14a forfeiture of not more than $1,000 and to other sanctions specified by the
15department by rule.
SB30,457,1816
(b) A person who provides false information to the department under sub. (2)
17is subject to a forfeiture of not more than $1,000 and to other sanctions specified by
18the department by rule.
SB30,458,2
19(4m) (a) Notwithstanding s. 111.335, and except as provided in par. (ad) and
20sub. (5), the department may not license, or continue or renew the license of, a person
21to operate a child care center under s. 48.65, the department in a county having a
22population of 750,000 or more, a county department, or an agency contracted with
23under s. 48.651 (2) may not certify a child care provider under s. 48.651, a school
24board may not contract with a person under s. 120.13 (14), and a child care program
25may not employ or contract with a caregiver specified in sub. (1) (ag) 1. if the
1department, county department, contracted agency, school board, or child care
2program knows or should have known any of the following:
SB30,458,73
1. That the person has been convicted of a serious crime or adjudicated
4delinquent on or after his or her 10th birthday for committing a serious crime or that
5the person is the subject of a pending criminal charge or delinquency petition
6alleging that the person has committed a serious crime on or after his or her 10th
7birthday.
SB30,458,108
3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
9made a finding that the person has abused or neglected any client or
10misappropriated the property of any client.
SB30,458,1311
4. That a final determination has been made under s. 48.981 (3) (c) 5m. or, if
12a contested case hearing is held on such a determination, a final decision has been
13made under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child.