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).
SB59,610
1Section
610. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:
SB59,516,72
49.145
(2) (n) 1. (intro.) Except as provided in subd. 4., beginning on the date
3on which the individual has attained the age of 18, the total number of months in
4which the individual or any adult member of the individual's Wisconsin Works group
5has participated in, or has received benefits under, any of the following or any
6combination of the following does not exceed
48
60 months, whether or not
7consecutive:
SB59,611
8Section
611. 49.145 (2) (n) 1. a. of the statutes is amended to read:
SB59,516,119
49.145
(2) (n) 1. a. The job opportunities and basic skills program under s.
1049.193, 1997 stats. Active participation on or after October 1, 1996, in the job
11opportunities and basic skills program counts toward the
48 60-month limit.
SB59,612
12Section
612. 49.147 (1m) (b) of the statutes is amended to read:
SB59,516,2013
49.147
(1m) (b) If the Wisconsin Works agency determines that the appropriate
14placement for an individual is in unsubsidized employment or a
trial employment
15match program job subsidized employment placement and that the individual needs
16and wishes to pursue basic education, including a course of study meeting the
17standards established under s. 115.29 (4) (a) for the granting of a declaration of
18equivalency of high school graduation, the Wisconsin Works agency shall pay for the
19basic education services identified in the employability plan developed for the
20individual.
SB59,613
21Section
613. 49.147 (2) (am) 2. of the statutes is amended to read:
SB59,517,322
49.147
(2) (am) 2. A Wisconsin Works agency shall, every 30 days, review the
23provision of case management services to an individual under this paragraph, if the
24individual is not successful in obtaining unsubsidized employment after legitimate
25efforts to secure employment, to determine whether the individual should be placed
1in a
trial employment match program job
subsidized employment placement,
2community service job, or transitional placement. The department shall promulgate
3rules that specify the criteria for the review process under this subdivision.
SB59,614
4Section
614. 49.147 (3) (title) of the statutes is amended to read:
SB59,517,55
49.147
(3) (title)
Trial Subsidized employment match program placement.
SB59,615
6Section
615. 49.147 (3) (a) of the statutes is amended to read:
SB59,517,157
49.147
(3) (a)
Administration. A Wisconsin Works agency shall administer a
8trial employment match program subsidized employment placement as part of its
9administration of the Wisconsin Works program to improve the employability of
10individuals who otherwise are not able to obtain unsubsidized employment, as
11determined by the Wisconsin Works agency, by providing work experience and
12training to assist them to move promptly into unsubsidized employment. In
13determining an appropriate placement for a participant, a Wisconsin Works agency
14shall give priority to placement under this subsection over placements under subs.
15(4) and (5).
SB59,616
16Section
616. 49.147 (3) (ac) (intro.) of the statutes is amended to read:
SB59,518,417
49.147
(3) (ac)
Employer subsidies and reimbursements. (intro.) The
18Wisconsin Works agency shall pay to an employer that employs a participant under
19this subsection a wage subsidy in an amount that is negotiated between the
20Wisconsin Works agency and the employer but that is not more than the state or
21federal minimum wage that applies to the participant. The wage subsidy shall be
22paid for each hour that the participant actually works, up to a maximum
of 40 hours
23number of hours per week
, as negotiated between the Wisconsin Works agency and
24the employer. The employer shall pay the participant any difference between the
25wage subsidy amount and the participant's wage and must pay the participant at
1least minimum wage. In addition to paying the wage subsidy, the Wisconsin Works
2agency may, as negotiated between the Wisconsin Works agency and the employer,
3reimburse the employer for all or a portion of other costs that are attributable to the
4employment of the participant, including any of the following:
SB59,617
5Section
617. 49.147 (3) (am) of the statutes is amended to read:
SB59,518,96
49.147
(3) (am)
Education or training activities. A
trial employment match
7program job subsidized employment placement includes education and training
8activities, as prescribed by the employer as an integral part of work performed in
9trial employment match program the subsidized employment
placement.
SB59,618
10Section
618. 49.147 (3) (c) of the statutes is amended to read:
SB59,518,2311
49.147
(3) (c)
Time-limited participation. A participant under this subsection
12may participate in a
trial employment match program job subsidized employment
13placement for a maximum of 6 months, with an opportunity for a 3-month extension
14under circumstances determined by the Wisconsin Works agency. A participant may
15participate in more than one
trial employment match program job subsidized
16employment placement, but may not exceed a total of 24 months of participation
17under this subsection. The months need not be consecutive. The department or, with
18the approval of the department, the Wisconsin Works agency may grant an extension
19of the 24-month limit on a case-by-case basis if the participant has made all
20appropriate efforts to find unsubsidized employment and has been unable to find
21unsubsidized employment because local labor market conditions preclude a
22reasonable job opportunity for that participant, as determined by a Wisconsin Works
23agency and approved by the department.
SB59,619
24Section
619. 49.147 (4) (a) of the statutes is amended to read:
SB59,519,14
149.147
(4) (a)
Administration. A Wisconsin Works agency shall administer a
2community service job program as part of its administration of Wisconsin Works to
3improve the employability of an individual who is not otherwise able to obtain
4employment, as determined by the Wisconsin Works agency, by providing work
5experience and training, if necessary, to assist the individual to move promptly into
6unsubsidized public or private employment or a
trial employment match program job
7subsidized employment placement. In determining an appropriate placement for a
8participant, a Wisconsin Works agency shall give placement under this subsection
9priority over placements under sub. (5). Community service jobs shall be limited to
10projects that the department determines would serve a useful public purpose or
11projects the cost of which is partially or wholly offset by revenue generated from such
12projects. After each 6 months of an individual's participation under this subsection
13and at the conclusion of each assignment under this subsection, a Wisconsin Works
14agency shall reassess the individual's employability.
SB59,620
15Section
620. 49.147 (4) (as) of the statutes is amended to read:
SB59,519,2416
49.147
(4) (as)
Required hours. Except as provided in pars. (at) and (av) and
17sub. (5m), a Wisconsin Works agency shall require a participant placed in a
18community service job program to work in a community service job for the number
19of hours determined by the Wisconsin Works agency to be appropriate for the
20participant at the time of application or review
and may require a participant to
21participate in education or training activities for not more than 10 hours per week,
22except that the Wisconsin Works agency may not require a participant under this
23subsection to spend more than 40 hours per week in combined activities under this
24subsection.
SB59,621
25Section
621. 49.147 (4) (b) of the statutes is amended to read: