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.
SB30,458,1814 5. That the department has determined the person ineligible to be licensed to
15operate a child care center under s. 48.65, to be certified to operate a child care
16provider under s. 48.651, to contract with a school board under s. 120.13 (14), to be
17employed as a caregiver at a child care program, or to be a nonclient resident at a
18child care program.
SB30,458,2219 6. That the person has refused to provide information under sub. (2) (ag), or
20that the person refused to participate in, cooperate with, or submit required
21information for the criminal background check described in sub. (2) (am), including
22fingerprints.
SB30,458,2423 7. That the person knowingly made a materially false statement in connection
24with the person's criminal background check described in sub. (2).
SB30,459,2
18. That the person knowingly omitted material information requested in
2connection with the person's criminal background check conducted under sub. (2).
SB30,459,93 (ad) The department may license a child care center under s. 48.65; the
4department in a county having a population of 750,000 or more, a county
5department, or an agency contracted with under s. 48.651 (2) may certify a child care
6provider under s. 48.651; and a school board may contract with a person under s.
7120.13 (14), conditioned on the receipt of the information specified in sub. (4p) (a)
8indicating that the person is not ineligible to be so licensed, certified, or contracted
9with for a reason specified in par. (a) 1. to 8.
SB30,459,2010 (c) A child care program may employ or contract with a potential caregiver or
11permit a potential nonclient resident to reside at the child care program for up to 45
12days from the date a background check request is submitted to the department
13pending the completion of the department's report under sub. (4p) (a) if the
14department provides a preliminary report under sub. (4p) (c) to the child care
15program indicating that the potential caregiver or nonclient resident is not ineligible
16to work or reside at a child care program. At all times that children in care are
17present, an individual who received a qualifying result on a background check
18described in sub. (2) (am) within the past 5 years must supervise a potential
19employee or nonclient resident permitted to work or reside at the chid care program
20under this paragraph.
SB30,459,25 21(4p) (a) The department shall provide the results of the criminal background
22check to the child care program in a written report that indicates only that the
23individual on whom the background check was conducted is eligible or ineligible for
24employment or to reside at the child care program, without revealing any
25disqualifying crime or other information regarding the individual.
SB30,460,6
1(b) The department shall provide the results of the criminal background check
2to the individual on whom the background check was conducted in a written report
3that indicates whether the individual is eligible or ineligible for employment or to
4reside at the child care program. If the individual is ineligible for employment or to
5reside at the child care program, the department's report shall include information
6on each disqualifying crime and information on the right to appeal.
SB30,460,177 (c) Before the department completes its report under par. (a), a caregiver under
8sub. (1) (ag) 2. may submit a written request to the department for a preliminary
9report indicating whether a potential caregiver or nonclient resident is eligible to
10work or reside at a child care program under sub. (4m) (c). If the department receives
11such a request, it shall provide a written preliminary report to that caregiver
12indicating whether the individual is barred from employment as a caregiver or
13residence as a nonclient resident on the basis of a background check under sub. (2)
14(am) 1. or 7. If the individual is ineligible for employment or residence at a child care
15program based on the results of the preliminary report, the department shall also
16provide a preliminary report to the individual containing information related to each
17disqualifying crime.
SB30,460,2018 (d) The results of a report under par. (c) may not be appealed by the individual
19until receipt of the department's report under par. (b) following completion of all
20components of the criminal background check.
SB30,460,25 21(4s) (a) An individual who is the subject of the department's report on the
22results of a criminal background check may appeal the department's decision. Only
23the person who is the subject of the department's report may appeal the department's
24decision. Neither the child care program nor any other person may appeal the
25department's decision.
SB30,461,6
1(b) An appeal request shall be submitted to the department at the address,
2e-mail address, or fax number identified in the statement of appeal rights no later
3than 60 days after the date of the department's decision, unless the appellant
4requests, and the department grants, an extension for a specific amount of time prior
5to expiration of the 60 day appeal period. Extensions may be granted for good cause
6shown.
SB30,461,87 (c) An appeal shall be submitted in the manner and on forms prescribed by the
8department, and must include all of the following information:
SB30,461,99 1. The information or issue disputed by the individual.
SB30,461,1110 2. Any information known to the individual, or available to the individual
11through the exercise of reasonable diligence, that supports the individual's position.
SB30,461,1412 3. The current or last known names, addresses, telephone numbers, and email
13addresses of any persons known or believed to have information relevant to
14determination of the appeal.
SB30,461,1715 4. Copies of any documents or other materials in the possession of the
16individual, or reasonably available to the individual, that support the individual's
17position regarding the disputed information.
SB30,461,2118 (e) The department shall attempt to verify the accuracy of the information
19challenged by the appellant, including making reasonable good faith efforts to locate
20any missing information regarding the disqualifying crime that is relevant to the
21issue identified for appeal.
SB30,461,2322 (f) The department shall sustain the results of its criminal background check
23report if supported by a preponderance of the available evidence.
SB30,462,324 (g) The department shall issue its appeal decision in writing. If the results of
25the original report are sustained upon review, the decision shall indicate the

1department's efforts to verify the accuracy of the information challenged by the
2individual. The decision shall also indicate any additional reconsideration and
3appeal rights available to the appellant.
SB30,462,54 (h) An appellant under this subsection may seek reconsideration of the
5department's decision under par. (g) by the secretary or the secretary's designee.
SB30,462,96 (i) A request for reconsideration detailing the basis for the request must be sent
7to the secretary at the address, e-mail address, or fax number identified in the
8department's decision no later than 30 days after the date of the department's
9decision.
SB30,462,1210 (j) The secretary or secretary's designee shall issue his or her reconsideration
11decision in writing and shall include information about any additional appeal rights
12available to the individual.
SB30,462,1413 (k) A denial of reconsideration under this subsection is a final decision of the
14department, and the appellant has a right to a contested case hearing under ch. 227.
SB30,462,2115 (L) The appeal and reconsideration process set forth in this subsection is the
16exclusive method for disputing a criminal history background report issued by the
17department. The department's decision may not be appealed in a ch. 68 or 227
18proceeding challenging the denial of a license, certification, or contract to operate a
19child care program based on the department's criminal history background check
20report or challenging any other child care regulatory action taken in reliance upon
21that report.
SB30,463,322 (m) Notwithstanding s. 19.35, the department may not publicly release or
23disclose the results of any criminal individual background report it issues, except
24that the department may release aggregated data by crime as listed in sub. (1) (c)
25from criminal background check results so long as the data does not contain

1personally identifiable information. The department may disclose and use
2information obtained in conducting criminal background checks as necessary during
3an appeal or reconsideration under this subsection.
SB30,463,17 4(5) (a) Subject to par. (br), the department may license to operate a child care
5program, the department in a county having a population of 750,000 or more, a
6county department, or an agency contracted with under s. 48.651 (2) may certify
7under s. 48.651, and a school board may contract with under s. 120.13 (14) a person
8who otherwise may not be licensed, certified, or contracted with for a reason specified
9in sub. (4m) (a) 1. to 8., and a child care program may employ, contract with, or permit
10to reside at the child care program a person who otherwise may not be so employed,
11contracted with, or permitted to reside for a reason specified in sub. (4m) (a) 1. to 8.,
12if the person demonstrates to the department, the county department, the contracted
13agency, or the school board or, in the case of a child care program that is located within
14the boundaries of a reservation, to the person or body designated by the Indian tribe
15under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with
16procedures established by the department by rule or by the tribe that he or she has
17been rehabilitated.
SB30,463,2418 (br) No person who has been convicted or adjudicated delinquent on or after his
19or her 10th birthday for committing any of the offenses identified in sub. (1) (c) 1. to
208. or 12. or for a violation of the law of any other state or United States jurisdiction
21that would be a violation listed in sub. (1) (c) 1. to 8. if committed in this state or who
22is the subject of a pending criminal charge or delinquency petition alleging that the
23person has committed any of those offenses on or after his or her 10th birthday may
24be permitted to demonstrate that he or she has been rehabilitated.
SB30,464,12
1(cm) Notwithstanding sub. (4m) (a) 1., if a person was convicted or adjudicated
2delinquent on or after his or her 10th birthday for committing any of the offenses
3listed in sub. (1) (c) 9. or 10. and the person completed his or her sentence, including
4any probation, parole, or extended supervision, or was discharged by the department
5of corrections, 5 or more years before the date of the investigation under sub. (2) (am),
6then the conviction or delinquency adjudication alone does not make the person
7ineligible to be licensed as a child care center under s. 48.65, certified as a child care
8provider under s. 48.651, contracted with under s. 120.13 (14), or employed by,
9contracted with, or permitted to reside at a child care program and, with respect to
10that conviction or delinquency adjudication, the person need not demonstrate that
11he or she has been rehabilitated under par. (a) before being so licensed, certified,
12contracted with, employed, or permitted to reside.
SB30,464,17 13(5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate
14to the department that he or she has been rehabilitated may appeal to the secretary
15or his or her designee. Any person who is adversely affected by a decision of the
16secretary or his or her designee under this paragraph has a right to a contested case
17hearing under ch. 227.
SB30,464,2318 (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to
19a county department or an agency contracted with under s. 48.651 (2) that he or she
20has been rehabilitated may appeal to the director of the county department or his or
21her designee. Any person who is adversely affected by a decision of the director or
22his or her designee under this paragraph has a right to appeal the decision under ch.
2368.
SB30,465,324 (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to
25a school board that he or she has been rehabilitated may appeal to the state

1superintendent of public instruction or his or her designee. Any person who is
2adversely affected by a decision of the state superintendent or his or her designee
3under this paragraph has a right to a contested case hearing under ch. 227.
SB30,465,6 4(5d) (a) Any Indian tribe that chooses to conduct rehabilitation reviews under
5sub. (5) shall submit to the department a rehabilitation review plan that includes all
6of the following:
SB30,465,77 1. The criteria to be used to determine if a person has been rehabilitated.
SB30,465,98 2. The title of the person or body designated by the Indian tribe to whom a
9request for review must be made.
SB30,465,1110 3. The title of the person or body designated by the Indian tribe to determine
11whether a person has been rehabilitated.
SB30,465,1412 3m. The title of the person or body, designated by the Indian tribe, to whom a
13person may appeal an adverse decision made by the person specified under subd. 3.
14and whether the Indian tribe provides any further rights to appeal.
SB30,465,1715 4. The manner in which the Indian tribe will submit information relating to a
16rehabilitation review to the department so that the department may include that
17information in its report to the legislature required under sub. (5g).
SB30,465,2018 5. A copy of the form to be used to request a review and a copy of the form on
19which a written decision is to be made regarding whether a person has demonstrated
20rehabilitation.
SB30,466,521 (b) If, within 90 days after receiving the plan, the department does not
22disapprove the plan, the plan shall be considered approved. If, within 90 days after
23receiving the plan, the department disapproves the plan, the department shall
24provide notice of that disapproval to the Indian tribe in writing, together with the
25reasons for the disapproval. The department may not disapprove a plan unless the

1department finds that the plan is not rationally related to the protection of clients.
2If the department disapproves the plan, the Indian tribe may, within 30 days after
3receiving notice of the disapproval, request that the secretary review the
4department's decision. A final decision under this paragraph is not subject to further
5review under ch. 227.
SB30,466,11 6(5g) On January 1 of each year, the department shall submit a report to the
7legislature under s. 13.172 (2) that specifies the number of persons in the previous
8year who have requested to demonstrate that they have been rehabilitated under
9sub. (5) (a), the number of persons who successfully demonstrated that they have
10been rehabilitated under sub. (5) (a), and the reasons for the success or failure of a
11person who has attempted to demonstrate that he or she has been rehabilitated.
SB30,466,25 12(5m) Notwithstanding s. 111.335, the department may refuse to license a
13person to operate a child care center, the department in a county having a population
14of 750,000 or more, a county department, or an agency contracted with under s.
1548.651 (2) may refuse to certify a child care provider under s. 48.651, a school board
16may refuse to contract with a person under s. 120.13 (14), and a child care program
17may refuse to employ or contract with a caregiver or permit a nonclient resident to
18reside at the child care program if the person has been convicted of or adjudicated
19delinquent on or after his or her 10th birthday for an offense that is not a serious
20crime, but that is, in the estimation of the department, substantially related to the
21care of a client. The department shall notify the provider and the individual of the
22results of a substantially related determination pursuant to the process set forth in
23sub. (4p) for criminal background check determinations. The individual shall have
24the same appeal rights as set forth in sub. (4s), and the same appeal procedures
25apply.
SB30,467,5
1(7) The department shall conduct throughout the state periodic training
2sessions that cover procedures and uses of criminal background investigations;
3reporting and investigating misappropriation of property or abuse or neglect of a
4client; and any other material that will better enable entities to comply with the
5requirements of this section.
SB30,467,7 6(8) The department may promulgate any rules necessary for the
7administration of this section.
SB30,832 8Section 832 . 48.715 (4g) (a) of the statutes is amended to read:
SB30,467,209 48.715 (4g) (a) If a person who has been issued a license under s. 48.66 (1) (a)
10or a probationary license under s. 48.69 to operate a child care center is convicted of
11a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or, if a caregiver specified
12in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686
13(1) (bm), of the child care center is convicted or adjudicated delinquent for
14committing a serious crime on or after his or her 12th 10th birthday, or if the results
15of a criminal background check conducted under s. 48.686 indicate that the person,
16caregiver, or nonclient resident is not eligible to be licensed, certified, or employed
17or to reside at a child care program
, the department shall revoke the license of the
18child care center immediately upon providing written notice of revocation and the
19grounds for revocation and an explanation of the process for appealing the
20revocation.
SB30,833 21Section 833 . 48.715 (4g) (b) of the statutes is amended to read:
SB30,468,722 48.715 (4g) (b) If a person who has been issued a license under s. 48.66 (1) (a)
23or a probationary license under s. 48.69 to operate a child care center is the subject
24of a pending criminal charge alleging that the person has committed a serious crime,
25as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686

1(1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child
2care center is the subject of a pending criminal charge or delinquency petition
3alleging that the person has committed a serious crime on or after his or her 12th
410th birthday, the department shall immediately suspend the license of the child
5care center until the department obtains information regarding the final disposition
6of the charge or delinquency petition indicating that the person is not ineligible to
7be licensed to operate a child care center.
SB30,834 8Section 834 . 48.73 of the statutes is amended to read:
SB30,468,16 948.73 Inspection of licensees and school district child care programs.
10The department may visit and inspect each child welfare agency, foster home, group
11home, and child care center licensed by the department, and for that purpose shall
12be given unrestricted access to the premises described in the license. The
13department may visit and inspect each child care program established or contracted
14for under s. 120.13 (14) that receives payment under s. 49.155 for the child care
15provided, and for that purpose shall be given unrestricted access to the premises used
16for the child care program.
SB30,835 17Section 835 . 48.78 (2) (g) of the statutes is amended to read:
SB30,469,518 48.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing
19information about an individual in its care or legal custody on the written request
20of the department of safety and professional services or of any interested examining
21board or affiliated credentialing board in that department for use in any
22investigation or proceeding relating to any alleged misconduct by any person who is
23credentialed or who is seeking credentialing under ch. 448, 455 or, 457, or 464.
24Unless authorized by an order of the court, the department of safety and professional
25services and any examining board or affiliated credentialing board in that

1department shall keep confidential any information obtained under this paragraph
2and may not disclose the name of or any other identifying information about the
3individual who is the subject of the information disclosed, except to the extent that
4redisclosure of that information is necessary for the conduct of the investigation or
5proceeding for which that information was obtained.
SB30,836 6Section 836 . 48.981 (7) (cp) of the statutes is amended to read:
SB30,469,137 48.981 (7) (cp) Notwithstanding par. (a), an agency may disclose a
8determination made before January 1, 2015, that a person has abused or neglected
9a child for purposes of a background check under s. 48.685, 48.686, or 50.065 only if
10that determination has not been reversed or modified on appeal and may disclose
11such a determination made on or after January 1, 2015, for those purposes only as
12provided in sub. (3) (c) 5r. Nothing in this paragraph prevents the disclosure of a
13report or record as otherwise permitted under this subsection.
SB30,837 14Section 837 . 49.133 (1m) (a) of the statutes is amended to read:
SB30,469,2415 49.133 (1m) (a) If a child care provider is convicted of a serious crime, as defined
16in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag)
171. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care
18provider is convicted or adjudicated delinquent for committing a serious crime on or
19after his or her 12th 10th birthday or if the department provides written notice under
20s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible
21for certification, employment, or residence at the child care provider
, the department
22or a county department under s. 46.215, 46.22, or 46.23 shall refuse to pay the child
23care provider for any child care provided under s. 49.132, 1995 stats., or any other
24program beginning on the date of the conviction or delinquency adjudication.
SB30,838 25Section 838 . 49.133 (1m) (b) of the statutes is amended to read:
SB30,470,11
149.133 (1m) (b) If a child care provider is the subject of a pending criminal
2charge alleging that the person has committed a serious crime, as defined in s. 48.685
348.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a
4nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider
5is the subject of a pending criminal charge or delinquency petition alleging that the
6person has committed a serious crime on or after his or her 12th 10th birthday, the
7department or county department under s. 46.215, 46.22, or 46.23 shall immediately
8suspend payment to the child care provider for any child care provided under s.
949.132, 1995 stats., or any other program until the department obtains information
10regarding the final disposition of the charge or delinquency petition indicating that
11the person is not ineligible to receive such a payment.
SB30,839 12Section 839 . 49.133 (2m) (intro.) of the statutes is amended to read:
SB30,470,1713 49.133 (2m) (intro.) The department or a county department under s. 46.215,
1446.22, or 46.23 may refuse to pay a child care provider for child care provided under
15s. 49.132, 1995 stats., or any other program if any of the following applies to the child
16care provider or to a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or nonclient
17resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider:
SB30,840 18Section 840 . 49.133 (2m) (a) of the statutes is amended to read:
SB30,470,2519 49.133 (2m) (a) The person has been convicted of or adjudicated delinquent on
20or after his or her 12th 10th birthday for an offense that is not a serious crime, as
21defined in s. 48.685 48.686 (1) (c) 3m., but the department, county department under
22s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board

23determines under s. 48.685 48.686 (5m) that the offense substantially relates to the
24care of children or the department or county department determines that the offense
25substantially relates to the operation of a business.
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