SB59,503,2215
48.686
(1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
16125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205,
17940.207, 940.25, or 943.23 (1g),
a violation of s. 948.51 (2) that is a felony under s.
18948.51 (3) (b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
19s. 346.65 (2) (am)
4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that
20is a felony
, if the person completed his or her sentence, including any probation,
21parole, or extended supervision, or was discharged by the department of corrections,
22less than 5 years before the date of the investigation under sub. (2) (am).
SB59,567
23Section
567. 48.686 (1) (c) 10. of the statutes is amended to read:
SB59,504,324
48.686
(1) (c) 10. A violation of s. 948.22 (2),
if the person completed his or her
25sentence, including any probation, parole, or extended supervision, or was
1discharged by the department of corrections, less than 5 years before the date of the
2investigation under sub. (2) (am), unless the person has paid all arrearages due and
3is meeting his or her current support obligations.
SB59,568
4Section
568. 48.686 (2) (a) of the statutes is amended to read:
SB59,504,145
48.686
(2) (a)
The department
A licensing entity shall require any person who
6applies for
issuance of an initial
license approval to operate a child care
center under
7s. 48.65, a school board shall require any person who proposes an initial contract with
8the school board under s. 120.13 (14), and the department in a county having a
9population of 750,000 or more, a county department, or an agency contracted with
10under s. 48.651 (2) shall require any child care provider who applies for initial
11certification under s. 48.651 program to submit the information required for a
12background check request under par. (ag).
A
If the licensing entity is a school board,
13county department, or contracted agency
or tribe, the licensing entity shall submit
14the completed background information request to the department.
SB59,569
15Section
569. 48.686 (2) (ab) of the statutes is amended to read:
SB59,504,2216
48.686
(2) (ab) Each child care program shall submit a request to the
17department for a
criminal background check for each potential caregiver
,
18noncaregiver employee, and
potential nonclient resident household member prior to
19the date on which an individual becomes a caregiver
, noncaregiver employee, or
20nonclient resident household member, and at least once during every 5-year period
21for each existing caregiver
, noncaregiver employee, or
nonclient resident household
22member, except if all of the following apply
to the individual:
SB59,505,223
1. The
caregiver, potential caregiver, nonclient resident, or potential nonclient
24resident individual has received a background check as described in par. (am) while
1employed working or seeking
employment by work with another child care program
2within the state within the last 5 years.
SB59,505,53
2. The department provided to the child care program under subd. 1. a
4qualifying background check result for the
caregiver, potential caregiver, nonclient
5resident, or potential nonclient resident individual.
SB59,505,96
3. The
caregiver, potential caregiver, nonclient resident, or potential nonclient
7resident is employed by individual works or resides at a child care program within
8the state or has been separated from
employment
work or residence at a child care
9program within the state for a period of not more than 180 consecutive days.
SB59,570
10Section 570
. 48.686 (2) (ag) 1. b. of the statutes is amended to read:
SB59,505,1211
48.686
(2) (ag) 1. b. Any additional information that the department deems
12necessary to perform the
criminal background check.
SB59,571
13Section 571
. 48.686 (2) (ag) 2. of the statutes is amended to read:
SB59,505,1614
48.686
(2) (ag) 2. A request for a
criminal background check is considered
15submitted on the day that the department receives all of the information required
16under subd. 1.
SB59,572
17Section 572
. 48.686 (2) (ag) 3. of the statutes is amended to read:
SB59,505,2118
48.686
(2) (ag) 3. The requester of a background check under this paragraph
19shall submit all fees required by the department pursuant to the instructions
20provided by the department, not to exceed the actual cost of conducting the
criminal 21background check.
SB59,573
22Section
573. 48.686 (2) (am) (intro.) of the statutes is amended to read:
SB59,506,223
48.686
(2) (am) (intro.) Upon receipt of a request submitted under par. (a) or
24(ab), the department shall obtain all of the following with respect to
a caregiver or
1a nonclient resident who is not under 10 years of age the individual who is the subject
2of the request:
SB59,574
3Section
574. 48.686 (2) (am) 1. of the statutes is amended to read:
SB59,506,54
48.686
(2) (am) 1. A fingerprint-based
or name-based criminal history search
5from the records maintained by the department of justice.
SB59,575
6Section 575
. 48.686 (2) (am) 10. of the statutes is amended to read:
SB59,506,87
48.686
(2) (am) 10. A search of the department's
criminal background check
8records.
SB59,576
9Section 576
. 48.686 (2) (ar) of the statutes is amended to read:
SB59,506,1310
48.686
(2) (ar) After receiving a request under par. (a) or (ab), the department
11shall conduct the
criminal background check as expeditiously as possible and shall
12make a good faith effort to complete all components of the
criminal background check
13no later than 45 days after the date on which the request was submitted.
SB59,577
14Section
577. 48.686 (2) (bd) of the statutes is amended to read:
SB59,506,2515
48.686
(2) (bd) Notwithstanding par. (am), the department is not required to
16obtain the information specified in par. (am) 1. to 10., with respect to a
person 17household member under 18 years of age whose background check request under par.
18(ag) indicates that the
person household member is not ineligible to be permitted to
19reside at a child care program for a reason specified in sub. (4m) (a) 1. to 8. and with
20respect to whom the department otherwise has no reason to believe that the person
21is ineligible to be permitted to reside
at the child care program for any of those
22reasons. This paragraph does not preclude the department from obtaining, at its
23discretion, the information specified in par. (am) 1. to 10. with respect to a
person
24household member described in this paragraph
who is a nonclient resident or a
25potential nonclient resident of a child care program.
SB59,578
1Section
578. 48.686 (3) (am) of the statutes is amended to read:
SB59,507,92
48.686
(3) (am) Every year or at any time that the department considers
3appropriate, the department may request the information specified in sub. (2) (am)
41. to 5. for all caregivers
under sub. (1) (ag) 2., nonclient residents of such a caregiver,
5and caregivers under sub. (1) (ag) 1. who have direct contact with clients. For the
6purposes of this paragraph, “direct contact” means face-to-face physical proximity
7to a client that affords the opportunity to commit abuse or neglect of a client or to
8misappropriate the property of a client, noncaregiver employees, and household
9members.
SB59,579
10Section
579. 48.686 (4m) (a) (intro.) of the statutes is amended to read:
SB59,507,2211
48.686
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
12par. (ad) and sub. (5),
the department a licensing entity may not
license, or continue
13or renew the license of, a person to operate a child care center under s. 48.65, the
14department in a county having a population of 750,000 or more, a county
15department, or an agency contracted with under s. 48.651 (2) may not certify a child
16care provider under s. 48.651, a school board may not contract with a person under
17s. 120.13 (14) issue an approval to operate a child care program to a person, and a
18child care program may not employ or contract with a caregiver
specified in sub. (1)
19(ag) 1. or noncaregiver employee or permit a household member to reside at the child
20care program if the
department, county department, contracted agency, school
21board, licensing entity or child care program knows or should have known any of the
22following:
SB59,580
23Section
580. 48.686 (4m) (a) 1. of the statutes is amended to read:
SB59,508,324
48.686
(4m) (a) 1. That the person has been convicted of a serious crime or
25adjudicated delinquent
on or after his or her 10th birthday for committing a serious
1crime or that the person is the subject of a pending criminal charge or delinquency
2petition alleging that the person has committed a serious crime
on or after his or her
310th birthday.
SB59,581
4Section
581. 48.686 (4m) (a) 2. of the statutes is created to read:
SB59,508,65
48.686
(4m) (a) 2. That the person is registered or is required to be registered
6on a state sex offender registry or repository or the national sex offender registry.
SB59,582
7Section
582. 48.686 (4m) (a) 5. of the statutes is amended to read:
SB59,508,128
48.686
(4m) (a) 5. That the department has determined the person ineligible
9to
be licensed receive an approval to operate a child care
center under s. 48.65, to be
10certified to operate a child care provider under s. 48.651, to contract with a school
11board under s. 120.13 (14) program, to be employed
as a caregiver at by a child care
12program, or to be a
nonclient resident at household member of a child care program.
SB59,583
13Section 583
. 48.686 (4m) (a) 6. of the statutes is amended to read:
SB59,508,1714
48.686
(4m) (a) 6. That the person has refused to provide information under
15sub. (2) (ag), or that the person refused to participate in, cooperate with, or submit
16required information for the
criminal background check described in sub. (2) (am),
17including fingerprints.
SB59,584
18Section 584
. 48.686 (4m) (a) 7. of the statutes is amended to read:
SB59,508,2119
48.686
(4m) (a) 7. That the person knowingly made a materially false
20statement in connection with the person's
criminal background check described in
21sub. (2).
SB59,585
22Section 585
. 48.686 (4m) (a) 8. of the statutes is amended to read:
SB59,508,2523
48.686
(4m) (a) 8. That the person knowingly omitted material information
24requested in connection with the person's
criminal background check conducted
25under sub. (2).
SB59,586
1Section
586. 48.686 (4m) (ad) of the statutes is amended to read:
SB59,509,92
48.686
(4m) (ad)
The department
A licensing entity may
license issue an
3approval to operate a child care
center under s. 48.65; the department in a county
4having a population of 750,000 or more, a county department, or an agency
5contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651;
6and a school board may contract with a person under s. 120.13 (14),
program to a
7person 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.
SB59,587
10Section
587. 48.686 (4m) (c) of the statutes is amended to read:
SB59,509,2211
48.686
(4m) (c) A child care program may employ or contract with a potential
12caregiver
or noncaregiver employee or permit a potential
nonclient resident 13household member to reside at the child care program for up to 45 days from the date
14a background check request is submitted to the department pending the completion
15of the department's report under sub. (4p) (a) if the department provides a
16preliminary report under sub. (4p) (c) to the child care program indicating that the
17potential caregiver or nonclient resident individual is not ineligible to work or reside
18at a child care program. At all times that
children in care clients of a child care
19program are present, an individual who received a qualifying result on a background
20check described in sub. (2) (am) within the past 5 years must supervise a potential
21employee caregiver, noncaregiver employee, or
nonclient resident household
22member permitted to work or reside at the child care program under this paragraph.
SB59,588
23Section 588
. 48.686 (4p) (a) of the statutes is amended to read:
SB59,510,324
48.686
(4p) (a) The department shall provide the results of the
criminal 25background check to the child care program in a written report that indicates only
1that the individual on whom the background check was conducted is eligible or
2ineligible for employment or to reside at the child care program, without revealing
3any disqualifying
crime offense or other information regarding the individual.
SB59,589
4Section 589
. 48.686 (4p) (b) of the statutes is amended to read:
SB59,510,115
48.686
(4p) (b) The department shall provide the results of the
criminal 6background check to the individual on whom the background check was conducted
7in a written report that indicates whether the individual is eligible or ineligible for
8employment or to reside at the child care program. If the individual is ineligible for
9employment or to reside at the child care program, the department's report shall
10include information on each disqualifying
crime
offense and information on the right
11to appeal.
SB59,590
12Section
590. 48.686 (4p) (c) of the statutes is amended to read:
SB59,510,2413
48.686
(4p) (c) Before the department completes its report under par. (a), a
14caregiver under sub. (1) (ag) 2. may submit a written request to the department for
15a preliminary report indicating whether a potential caregiver
, noncaregiver
16employee, or
nonclient resident household member is eligible to work or reside at a
17child care program under sub. (4m) (c). If the department receives such a request,
18it shall provide a written preliminary report to that caregiver indicating whether the
19individual is barred from
employment as a caregiver
working or
residence as a
20nonclient resident residing at a child care program on the basis of a background
21check under sub. (2) (am) 1. or 7. If the individual is ineligible
for employment or
22residence to work or reside at a child care program based on the results of the
23preliminary report, the department shall also provide a preliminary report to the
24individual containing information related to each disqualifying
crime offense.
SB59,591
25Section 591
. 48.686 (4p) (d) of the statutes is amended to read:
SB59,511,3
148.686
(4p) (d) The results of a report under par. (c) may not be appealed by
2the individual until receipt of the department's report under par. (b) following
3completion of all components of the
criminal background check.
SB59,592
4Section 592
. 48.686 (4s) (a) of the statutes is amended to read:
SB59,511,95
48.686
(4s) (a) An individual who is the subject of the department's report on
6the results of a
criminal background check may appeal the department's decision.
7Only the person who is the subject of the department's report may appeal the
8department's decision. Neither the child care program nor any other person may
9appeal the department's decision.
SB59,593
10Section
593. 48.686 (4s) (b) of the statutes is amended to read:
SB59,511,1611
48.686
(4s) (b) An appeal request shall be submitted to the department at the
12address, e-mail address, or fax number identified in the statement of appeal rights
13no later than
60 10 days after the date of the department's decision, unless the
14appellant requests, and the department grants, an extension for a specific amount
15of time prior to expiration of the
60 10 day appeal period. Extensions may be granted
16for good cause shown.
SB59,594
17Section 594
. 48.686 (4s) (f) of the statutes is amended to read:
SB59,511,1918
48.686
(4s) (f) The department shall sustain the results of its
criminal 19background check report if supported by a preponderance of the available evidence.
SB59,595
20Section 595
. 48.686 (4s) (m) of the statutes is amended to read:
SB59,512,221
48.686
(4s) (m) Notwithstanding s. 19.35, the department may not publicly
22release or disclose the results of any
criminal individual background report it issues,
23except that the department may release aggregated data by crime as listed in sub.
24(1) (c) from
criminal background check results so long as the data does not contain
25personally identifiable information. The department may disclose and use
1information obtained in conducting
criminal background checks as necessary during
2an appeal or reconsideration under this subsection
or for another lawful purpose.
SB59,596
3Section
596. 48.686 (5) of the statutes is repealed and recreated to read:
SB59,512,64
48.686
(5) (a)
A person may have the opportunity to demonstrate his or her
5rehabilitation to the department or to a tribe authorized to conduct a rehabilitation
6review under sub. (5d) if any of the following apply:
SB59,512,87
1. An investigation under sub. (2) (am) indicates that sub. (4m) (a) 2., 3., or 4.
8applies to the person.
SB59,512,159
2. An investigation under sub. (2) (am) indicates that the person has been
10convicted or adjudicated delinquent of a serious crime as specified under sub. (1) (c)
119. or for a violation of the law of any other state or United States jurisdiction that
12would be a violation listed in sub. (1) (c) 9. if committed in this state, and the person
13completed his or her sentence, including any probation, parole, or extended
14supervision, or was discharged by the department of corrections, more than 5 years
15before the date of the investigation under sub. (2) (am).
SB59,512,1916
(b) If the department or tribe determines that the person has demonstrated
17rehabilitation in accordance with procedures established by the department by rule
18or by the tribe and by clear and convincing evidence, the prohibition in sub. (4m) (a)
19does not apply.
SB59,597
20Section
597. 48.686 (5c) (a) of the statutes is renumbered 48.686 (5c).
SB59,598
21Section
598. 48.686 (5c) (b) of the statutes is repealed.
SB59,599
22Section
599. 48.686 (5c) (c) of the statutes is repealed.
SB59,600
23Section
600. 48.686 (5g) of the statutes is amended to read:
SB59,513,424
48.686
(5g) On January 1 of each year, the department shall submit a report
25to the legislature under s. 13.172 (2) that specifies the number of persons in the
1previous year who have requested to demonstrate that they have been rehabilitated
2under sub. (5)
(a), the number of persons who successfully demonstrated that they
3have been rehabilitated under sub. (5)
(a), and the reasons for the success or failure
4of a person who has attempted to demonstrate that he or she has been rehabilitated.
SB59,601
5Section
601. 48.686 (5m) of the statutes is amended to read:
SB59,513,206
48.686
(5m) Notwithstanding s. 111.335,
the department a licensing entity 7may refuse to
license a person issue an approval to operate a child care
center, the
8department in a county having a population of 750,000 or more, a county
9department, or an agency contracted with under s. 48.651 (2) may refuse to certify
10a child care provider under s. 48.651, a school board may refuse to contract with a
11person under s. 120.13 (14) program to a person, and a child care program may refuse
12to employ or contract with a caregiver
or noncaregiver employee or permit a
13nonclient resident household member to reside at the child care program if the
14person has been convicted of or adjudicated delinquent
on or after his or her 10th
15birthday for an offense that is not a serious crime, but that is, in the estimation of
16the department, substantially related to the care of a client. The department shall
17notify the provider and the individual of the results of a substantially related
18determination pursuant to the process set forth in sub. (4p) for
criminal background
19check determinations. The individual shall have the same appeal rights as set forth
20in sub. (4s), and the same appeal procedures apply.
SB59,602
21Section
602. 48.686 (7) of the statutes is amended to read:
SB59,514,222
48.686
(7) The department shall conduct throughout the state periodic training
23sessions that cover procedures and uses of
criminal background investigations;
24reporting and investigating misappropriation of property or abuse or neglect of a
1client; and any other material that will better enable entities to comply with the
2requirements of this section.
SB59,603
3Section
603. 48.715 (4g) (a) of the statutes is amended to read:
SB59,514,164
48.715
(4g) (a) If a person
who has been issued a license under s. 48.66 (1) (a)
5or a probationary license under s. 48.69 to operate a child care center is convicted of
6a serious crime, as defined in s. 48.686 (1) (c), if a caregiver specified in s. 48.686 (1)
7(ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the subject to a
8background check under s. 48.686 (2) who operates, works at, or resides at a child
9care center is convicted or adjudicated delinquent for committing a serious crime
on
10or after his or her 10th birthday, or if the results of a
criminal background check
11conducted under s. 48.686 indicate that the
person, caregiver,
or nonclient resident 12household member, or noncaregiver employee is not eligible to be licensed, certified,
13or employed
, or
permitted to reside at a child care program, the department shall
14revoke the license of the child care center immediately upon providing written notice
15of revocation and the grounds for revocation and an explanation of the process for
16appealing the revocation.
SB59,604
17Section
604. 48.715 (4g) (b) of the statutes is amended to read:
SB59,515,418
48.715
(4g) (b) If a person
who has been issued a license under s. 48.66 (1) (a)
19or a probationary license under s. 48.69 to operate a child care center is the subject
20of a pending criminal charge alleging that the person has committed a serious crime,
21as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a 22nonclient resident, as defined in s. 48.686 (1) (bm), of the subject to a background
23check under s. 48.686 (2) who operates, works at, or resides at a child care center is
24the subject of a pending criminal charge or delinquency petition alleging that the
25person has committed a serious crime
on or after his or her 10th birthday, the
1department shall immediately suspend the license of the child care center until the
2department obtains information regarding the final disposition of the charge or
3delinquency petition indicating that the person is not ineligible to
be licensed to
4operate
, work at, or reside at a child care center.
SB59,605
5Section 605
. 48.981 (7) (a) 4p. of the statutes is amended to read:
SB59,515,106
48.981
(7) (a) 4p. A public or private agency in this state or any other state that
7is investigating a person for purposes of licensing the person to operate a foster home
8or placing a child for adoption in the home of the person
or for the purposes of
9conducting a background investigation under s. 48.685 of an adult congregate care
10worker, as defined in s. 48.685 (1) (ap).
SB59,606
11Section
606. 49.133 of the statutes is repealed.
SB59,607
12Section 607
. 49.1385 of the statutes is amended to read:
SB59,515,15
1349.1385 Grants for services for homeless and runaway youth. The
14department may award not more than
$100,000 $400,000 in each fiscal year in
15grants to support programs that provide services for homeless and runaway youth.
SB59,608
16Section
608. 49.141 (1) (n) of the statutes is renumbered 49.141 (1) (Lm) and
17amended to read:
SB59,515,2018
49.141
(1) (Lm)
“Trial employment match program job “Subsidized
19employment placement" means a work component of Wisconsin Works administered
20under s. 49.147 (3).
SB59,609
21Section
609. 49.143 (2r) of the statutes is amended to read:
SB59,515,2522
49.143
(2r) Job programs. A Wisconsin Works agency shall collaborate with
23the local workforce development board to connect individuals seeking employment
24with employment opportunities, including
the trial employment match program 25subsidized employment placement under s. 49.147 (3).