9,1159d
Section 1159d. 48.685 (1) (a) of the statutes is renumbered 48.685 (1) (am).
9,1159g
Section 1159g. 48.685 (1) (ag) of the statutes is created to read:
48.685 (1) (ag) 1. "Caregiver" means any of the following:
a. A person who is, or is expected to be, an employe or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
b. A person who has, or is seeking, a license, certification or contract to operate an entity.
2. "Caregiver" does not include a person who is certified as an emergency medical technician under s. 146.50 if the person is employed, or seeking employment, as an emergency medical technician.
9,1159m
Section 1159m. 48.685 (1) (ar) of the statutes is created to read:
48.685 (1) (ar) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.
9,1159p
Section 1159p. 48.685 (1) (av) of the statutes is created to read:
48.685 (1) (av) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
9,1159r
Section 1159r. 48.685 (1) (b) of the statutes is amended to read:
48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
9,1160d
Section 1160d. 48.685 (1) (bg) of the statutes is amended to read:
48.685 (1) (bg) "Foster home" includes a placement for adoption under s. 48.833 (1) of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.
9,1160e
Section 1160e. 48.685 (1) (bm) of the statutes is created to read:
48.685 (1) (bm) "Nonclient resident" means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.
9,1160em
Section 1160em. 48.685 (1) (br) of the statutes is created to read:
48.685 (1) (br) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.
9,1160f
Section 1160f. 48.685 (1) (c) of the statutes is repealed and recreated to read:
48.685 (1) (c) "Serious crime" means a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.
9,1160g
Section 1160g. 48.685 (1) (d) of the statutes is amended to read:
48.685 (1) (d) "Treatment foster home" includes a placement for adoption under s. 48.833 (1) of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.
9,1160gm
Section 1160gm. 48.685 (1) (e) of the statutes is created to read:
48.685 (1) (e) "Tribe" means a federally recognized American Indian tribe or band in this state.
9,1161d
Section 1161d. 48.685 (2) (a) (intro.) of the statutes is renumbered 48.685 (4m) (a) (intro.).
9,1161g
Section 1161g. 48.685 (2) (a) 1. of the statutes is renumbered 48.685 (4m) (a) 1.
9,1161h
Section 1161h. 48.685 (2) (a) 2. of the statutes is repealed.
9,1161i
Section 1161i. 48.685 (2) (a) 3. of the statutes is renumbered 48.685 (4m) (a) 3.
9,1161j
Section 1161j. 48.685 (2) (a) 4. of the statutes is renumbered 48.685 (4m) (a) 4.
9,1161k
Section 1161k. 48.685 (2) (a) 5. of the statutes is renumbered 48.685 (4m) (a) 5.
9,1161m
Section 1161m. 48.685 (2) (ad) of the statutes is renumbered 48.685 (4m) (ad) and amended to read:
48.685 (4m) (ad) The department, a county department or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in par. sub. (2) (am) indicating that the person is not ineligible to be licensed, certified or contracted with for a reason specified in par. (a) 1. to 5.
9,1163d
Section 1163d. 48.685 (2) (ag) (intro.) of the statutes is renumbered 48.685 (4m) (b) (intro.) and amended to read:
48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, caregiver or permit a nonclient resident to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:
9,1163g
Section 1163g. 48.685 (2) (ag) 1. of the statutes is renumbered 48.685 (4m) (b) 1. and amended to read:
48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if the person is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
9,1163h
Section 1163h. 48.685 (2) (ag) 2. of the statutes is repealed.
9,1163i
Section 1163i. 48.685 (2) (ag) 3. of the statutes is renumbered 48.685 (4m) (b) 3.
9,1163j
Section 1163j. 48.685 (2) (ag) 4. of the statutes is renumbered 48.685 (4m) (b) 4.
9,1163k
Section 1163k. 48.685 (2) (ag) 5. of the statutes is renumbered 48.685 (4m) (b) 5.
9,1165d
Section 1165d. 48.685 (2) (am) (intro.) of the statutes is amended to read:
48.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the The department, a county department, a child welfare agency or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a nonclient resident or prospective caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity and shall obtain the information specified in subds. 1. to 5. with respect to a person specified in par. (ag) (intro.) who is under 18 years of age, but not under 12 years of age, and who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective nonclient resident a caregiver of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651:
9,1165g
Section 1165g. 48.685 (2) (am) 5. of the statutes is amended to read:
48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subdivision, the department, a county department, a child welfare agency or a school board need not obtain the information specified in subds. 1. to 4.
9,1167d
Section 1167d. 48.685 (2) (b) 1. (intro.) of the statutes is amended to read:
48.685 (2) (b) 1. (intro.) Subject to subds. 1. e. and 2., and 4. par. (bd), every Every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor caregiver of the entity:
9,1167g
Section 1167g. 48.685 (2) (b) 1. e. of the statutes is amended to read:
48.685 (2) (b) 1. e. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m) and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification or a contract to operate an entity for a reason specified in par. sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.
9,1168d
Section 1168d. 48.685 (2) (b) 2. of the statutes is repealed.
9,1168g
Section 1168g. 48.685 (2) (b) 4. of the statutes is amended to read:
48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is an employe, prospective employe, contractor, prospective contractor, nonclient resident or prospective a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 and with respect to whom the department, a county department or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.
9,1169p
Section 1169p. 48.685 (2) (bb) of the statutes is created to read:
48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am) or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
9,1170d
Section 1170d. 48.685 (2) (bd) of the statutes is amended to read:
48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county department, a child welfare agency or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) sub. (4m) (b) 1. to 5. and with respect to whom the department, county department, child welfare agency, school board or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
9,1170m
Section 1170m. 48.685 (2) (bg) of the statutes is amended to read:
48.685 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to an employe, prospective employe, contractor or prospective contractor hires or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the that information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.
9,1170n
Section 1170n. 48.685 (2) (bg) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
48.685 (2) (bg) If an entity hires
employs or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.
9,1171d
Section 1171d. 48.685 (2) (bm) of the statutes is amended to read:
48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, child welfare agency, school board or entity determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, school board or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a. The department, county department, child welfare agency, school board or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
9,1171g
Section 1171g. 48.685 (2) (c) of the statutes is renumbered 48.685 (4m) (c) and amended to read:
48.685 (4m) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in par. (ag) (b) 1. to 5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under par. sub. (2) (am) 1. to 5. or (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag) (b) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under par. sub. (2) (am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.
9,1171j
Section 1171j. 48.685 (2) (d) of the statutes is created to read:
48.685 (2) (d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver under par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.
9,1172d
Section 1172d. 48.685 (3) (a) of the statutes is amended to read:
48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and, for all persons specified in par. (ag) (intro.) who are nonclient residents of an entity and shall request the information specified in sub. (2) (am) 1. to 5. for all persons under 18 years of age, but not under 12 years of age, who are employes, contractors or nonclient residents caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.
9,1172g
Section 1172g. 48.685 (3) (b) of the statutes is amended to read:
48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) employes or contractors who are caregivers of the entity other than persons who are under 18 years of age, but not under 12 years of age and, who are employes, contractors or nonclient residents caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651.
9,1173d
Section 1173d. 48.685 (3m) of the statutes is amended to read:
48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) who is a caregiver specified in sub. (1) (ag) 1. b. and that person is also an employe, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
9,1173g
Section 1173g. 48.685 (4) of the statutes is amended to read:
48.685 (4) An entity that violates sub. (2)
or, (3) or (4m) (b) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
9,1173j
Section 1173j. 48.685 (4m) (b) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire employ or contract with a caregiver or permit a nonclient resident to reside at the entity, if the entity knows or should have known any of the following:
9,1174d
Section 1174d. 48.685 (5) (a) of the statutes is amended to read:
48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in sub. (2) (4m) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.
9,1174g
Section 1174g. 48.685 (5) (b) of the statutes is repealed.
9,1175m
Section 1175m. 48.685 (5d) of the statutes is created to read:
48.685 (5d) (a) Any tribe that chooses to conduct rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following:
1. The criteria to be used to determine if a person has been rehabilitated.
2. The title of the person or body designated by the tribe to whom a request for review must be made.
3. The title of the person or body designated by the tribe to determine whether a person has been rehabilitated.
3m. The title of the person or body, designated by the tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the tribe provides any further rights to appeal.
4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g).
5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation.
(b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision. A final decision under this paragraph is not subject to further review under ch. 227.
9,1176d
Section 1176d. 48.685 (5m) of the statutes is amended to read:
48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider a person specified in sub. (2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center or day care provider, substantially related to the care of a client.
