48.686 (2) (ag) 2. A request for a criminal background check is considered submitted on the day that the department receives all of the information required under subd. 1.
9,572
Section 572
. 48.686 (2) (ag) 3. of the statutes is amended to read:
48.686 (2) (ag) 3. The requester of a background check under this paragraph shall submit all fees required by the department pursuant to the instructions provided by the department, not to exceed the actual cost of conducting the criminal background check.
9,573
Section 573
. 48.686 (2) (am) (intro.) of the statutes is amended to read:
48.686 (2) (am) (intro.) Upon receipt of a request submitted under par. (a) or (ab), the department shall obtain all of the following with respect to a caregiver or a nonclient resident who is not under 10 years of age the individual who is the subject of the request:
9,574
Section 574
. 48.686 (2) (am) 1. of the statutes is amended to read:
48.686 (2) (am) 1. A fingerprint-based or name-based criminal history search from the records maintained by the department of justice.
9,575
Section 575
. 48.686 (2) (am) 10. of the statutes is amended to read:
48.686 (2) (am) 10. A search of the department's criminal background check records.
9,576
Section 576
. 48.686 (2) (ar) of the statutes is amended to read:
48.686 (2) (ar) After receiving a request under par. (a) or (ab), the department shall conduct the criminal background check as expeditiously as possible and shall make a good faith effort to complete all components of the criminal background check no later than 45 days after the date on which the request was submitted.
9,577
Section 577
. 48.686 (2) (bd) of the statutes is amended to read:
48.686 (2) (bd) Notwithstanding par. (am), the department is not required to obtain the information specified in par. (am) 1. to 10., with respect to a person household member under 18 years of age whose background check request under par. (ag) indicates that the person household member is not ineligible to be permitted to reside at a child care program for a reason specified in sub. (4m) (a) 1. to 8. and with respect to whom the department otherwise has no reason to believe that the person is ineligible to be permitted to reside at the child care program for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in par. (am) 1. to 10. with respect to a person household member described in this paragraph who is a nonclient resident or a potential nonclient resident of a child care program.
9,578
Section 578
. 48.686 (3) (am) of the statutes is amended to read:
48.686 (3) (am) Every year or at any time that the department considers appropriate, the department may request the information specified in sub. (2) (am) 1. to 5. for all caregivers under sub. (1) (ag) 2., nonclient residents of such a caregiver, and caregivers under sub. (1) (ag) 1. who have direct contact with clients. For the purposes of this paragraph, “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, noncaregiver employees, and household members.
9,579
Section 579
. 48.686 (4m) (a) (intro.) of the statutes is amended to read:
48.686 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department a licensing entity may not license, or continue or renew the license of, a person to operate a child care center under s. 48.65, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a child care provider under s. 48.651, a school board may not contract with a person under s. 120.13 (14) issue an approval to operate a child care program to a person, and a child care program may not employ or contract with a caregiver specified in sub. (1) (ag) 1. or noncaregiver employee or permit a household member to reside at the child care program if the department, county department, contracted agency, school board, licensing entity or child care program knows or should have known any of the following:
9,580
Section 580
. 48.686 (4m) (a) 1. of the statutes is amended to read:
48.686 (4m) (a) 1. That the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 10th birthday for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday.
9,581
Section 581
. 48.686 (4m) (a) 2. of the statutes is created to read:
48.686 (4m) (a) 2. That the person is registered or is required to be registered on a state sex offender registry or repository or the national sex offender registry.
9,582
Section 582
. 48.686 (4m) (a) 5. of the statutes is amended to read:
48.686 (4m) (a) 5. That the department has determined the person ineligible to be licensed receive an approval to operate a child care center under s. 48.65, to be certified to operate a child care provider under s. 48.651, to contract with a school board under s. 120.13 (14) program, to be employed as a caregiver at by a child care program, or to be a nonclient resident at
household member of a child care program.
9,583
Section
583. 48.686 (4m) (a) 6. of the statutes is amended to read:
48.686 (4m) (a) 6. That the person has refused to provide information under sub. (2) (ag), or that the person refused to participate in, cooperate with, or submit required information for the criminal background check described in sub. (2) (am), including fingerprints.
9,584
Section 584
. 48.686 (4m) (a) 7. of the statutes is amended to read:
48.686 (4m) (a) 7. That the person knowingly made a materially false statement in connection with the person's criminal background check described in sub. (2).
9,585
Section 585
. 48.686 (4m) (a) 8. of the statutes is amended to read:
48.686 (4m) (a) 8. That the person knowingly omitted material information requested in connection with the person's criminal background check conducted under sub. (2).
9,586
Section 586
. 48.686 (4m) (ad) of the statutes is amended to read:
48.686 (4m) (ad) The department
A licensing entity may license issue an approval to operate a child care center under s. 48.65; the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651; and a school board may contract with a person under s. 120.13 (14), program to a person conditioned on the receipt of the information specified in sub. (4p) (a) indicating that the person is not ineligible to be so licensed, certified, or contracted with for a reason specified in par. (a) 1. to 8.
9,587
Section 587
. 48.686 (4m) (c) of the statutes is amended to read:
48.686 (4m) (c) A child care program may employ or contract with a potential caregiver or noncaregiver employee or permit a potential nonclient resident household member to reside at the child care program for up to 45 days from the date a background check request is submitted to the department pending the completion of the department's report under sub. (4p) (a) if the department provides a preliminary report under sub. (4p) (c) to the child care program indicating that the potential caregiver or nonclient resident individual is not ineligible to work or reside at a child care program. At all times that children in care clients of a child care program are present, an individual who received a qualifying result on a background check described in sub. (2) (am) within the past 5 years must supervise a potential employee caregiver, noncaregiver employee, or nonclient resident
household member permitted to work or reside at the child care program under this paragraph.
9,588
Section 588
. 48.686 (4p) (a) of the statutes is amended to read:
48.686 (4p) (a) The department shall provide the results of the criminal background check to the child care program in a written report that indicates only that the individual on whom the background check was conducted is eligible or ineligible for employment or to reside at the child care program, without revealing any disqualifying crime offense or other information regarding the individual.
9,589
Section 589
. 48.686 (4p) (b) of the statutes is amended to read:
48.686 (4p) (b) The department shall provide the results of the criminal background check to the individual on whom the background check was conducted in a written report that indicates whether the individual is eligible or ineligible for employment or to reside at the child care program. If the individual is ineligible for employment or to reside at the child care program, the department's report shall include information on each disqualifying crime offense and information on the right to appeal.
9,590
Section 590
. 48.686 (4p) (c) of the statutes is amended to read:
48.686 (4p) (c) Before the department completes its report under par. (a), a caregiver under sub. (1) (ag) 2. may submit a written request to the department for a preliminary report indicating whether a potential caregiver, noncaregiver employee, or nonclient resident
household member is eligible to work or reside at a child care program under sub. (4m) (c). If the department receives such a request, it shall provide a written preliminary report to that caregiver indicating whether the individual is barred from employment as a caregiver working or residence as a nonclient resident residing at a child care program on the basis of a background check under sub. (2) (am) 1. or 7. If the individual is ineligible for employment or residence to work or reside at a child care program based on the results of the preliminary report, the department shall also provide a preliminary report to the individual containing information related to each disqualifying crime offense.
9,591
Section 591
. 48.686 (4p) (d) of the statutes is amended to read:
48.686 (4p) (d) The results of a report under par. (c) may not be appealed by the individual until receipt of the department's report under par. (b) following completion of all components of the criminal background check.
9,592
Section 592
. 48.686 (4s) (a) of the statutes is amended to read:
48.686 (4s) (a) An individual who is the subject of the department's report on the results of a criminal background check may appeal the department's decision. Only the person who is the subject of the department's report may appeal the department's decision. Neither the child care program nor any other person may appeal the department's decision.
9,593
Section 593
. 48.686 (4s) (b) of the statutes is amended to read:
48.686 (4s) (b) An appeal request shall be submitted to the department at the address, e-mail address, or fax number identified in the statement of appeal rights no later than 60 10 days after the date of the department's decision, unless the appellant requests, and the department grants, an extension for a specific amount of time prior to expiration of the 60 10 day appeal period. Extensions may be granted for good cause shown.
9,594
Section 594
. 48.686 (4s) (f) of the statutes is amended to read:
48.686 (4s) (f) The department shall sustain the results of its criminal background check report if supported by a preponderance of the available evidence.
9,595
Section 595
. 48.686 (4s) (m) of the statutes is amended to read:
48.686 (4s) (m) Notwithstanding s. 19.35, the department may not publicly release or disclose the results of any criminal individual background report it issues, except that the department may release aggregated data by crime as listed in sub. (1) (c) from criminal background check results so long as the data does not contain personally identifiable information. The department may disclose and use information obtained in conducting criminal background checks as necessary during an appeal or reconsideration under this subsection or for another lawful purpose.
9,596
Section 596
. 48.686 (5) of the statutes is repealed and recreated to read:
48.686 (5) (a) A person may have the opportunity to demonstrate his or her rehabilitation to the department or to a tribe authorized to conduct a rehabilitation review under sub. (5d) if any of the following apply:
1. An investigation under sub. (2) (am) indicates that sub. (4m) (a) 2., 3., or 4. applies to the person.
2. An investigation under sub. (2) (am) indicates that the person has been convicted or adjudicated delinquent of a serious crime as specified under sub. (1) (c) 9. or for a violation of the law of any other state or United States jurisdiction that would be a violation listed in sub. (1) (c) 9. if committed in this state, and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, more than 5 years before the date of the investigation under sub. (2) (am).
(b) If the department or tribe determines that the person has demonstrated rehabilitation in accordance with procedures established by the department by rule or by the tribe and by clear and convincing evidence, the prohibition in sub. (4m) (a) does not apply.
9,597
Section 597
. 48.686 (5c) (a) of the statutes is renumbered 48.686 (5c).
9,598
Section 598
. 48.686 (5c) (b) of the statutes is repealed.
9,599
Section 599
. 48.686 (5c) (c) of the statutes is repealed.
9,600
Section 600
. 48.686 (5g) of the statutes is amended to read:
48.686 (5g) On January 1 of each year, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate that they have been rehabilitated under sub. (5) (a), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) (a), and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.
9,601
Section 601
. 48.686 (5m) of the statutes is amended to read:
48.686 (5m) Notwithstanding s. 111.335, the department a licensing entity may refuse to license a person issue an approval to operate a child care center, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may refuse to certify a child care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14) program to a person, and a child care program may refuse to employ or contract with a caregiver or noncaregiver employee or permit a nonclient resident household member to reside at the child care program if the person has been convicted of or adjudicated delinquent on or after his or her 10th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, substantially related to the care of a client. The department shall notify the provider and the individual of the results of a substantially related determination pursuant to the process set forth in sub. (4p) for criminal background check determinations. The individual shall have the same appeal rights as set forth in sub. (4s), and the same appeal procedures apply.
9,602
Section 602
. 48.686 (7) of the statutes is amended to read:
48.686 (7) The department shall conduct throughout the state periodic training sessions that cover procedures and uses of criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.
9,603
Section 603
. 48.715 (4g) (a) of the statutes is amended to read:
48.715 (4g) (a) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child care center is convicted of a serious crime, as defined in s. 48.686 (1) (c), if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care center is convicted or adjudicated delinquent for committing a serious crime on or after his or her 10th birthday, or if the results of a criminal background check conducted under s. 48.686 indicate that the person, caregiver, or nonclient resident household member, or noncaregiver employee is not eligible to be licensed, certified, or employed, or permitted to reside at a child care program, the department shall revoke the license of the child care center immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.
9,604
Section 604
. 48.715 (4g) (b) of the statutes is amended to read:
48.715 (4g) (b) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child care center is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care center is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday, the department shall immediately suspend the license of the child care center until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be licensed to operate, work at, or reside at a child care center.
9,605
Section 605
. 48.981 (7) (a) 4p. of the statutes is amended to read:
48.981 (7) (a) 4p. A public or private agency in this state or any other state that is investigating a person for purposes of licensing the person to operate a foster home or placing a child for adoption in the home of the person or for the purposes of conducting a background investigation of an adult congregate care worker, as defined in s. 48.685 (1) (ap).
9,606
Section 606
. 49.133 of the statutes is repealed.
9,607
Section 607
. 49.1385 of the statutes is amended to read:
49.1385 Grants for services for homeless and runaway youth. The department may award not more than $100,000 $400,000 in each fiscal year in grants to support programs that provide services for homeless and runaway youth.
9,633
Section 633
. 49.155 (6) (b) of the statutes is amended to read:
49.155 (6) (b) The department shall set maximum payment rates for Level I certified family child care providers certified under s. 48.651 (1) (a) for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 75 90 percent of the rates established under par. (a).
9,634
Section 634
. 49.155 (6) (c) of the statutes is amended to read:
49.155 (6) (c) The department shall set maximum payment rates for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 50 90 percent of the rates established under par. (a).
9,635
Section 635
. 49.155 (7) (a) 1. of the statutes is amended to read:
49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 10th birthday
, as defined in s. 48.686 (1) (c), or if the department provides written notice under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident person is ineligible for certification, employment, or residence
to operate, work at, or reside at the child care provider, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to allow payment to the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.
9,636
Section 636
. 49.155 (7) (a) 2. of the statutes is amended to read:
49.155 (7) (a) 2. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday, as defined in s. 48.686 (1) (c), the department or the county department under s. 46.215, 46.22, or 46.23 shall immediately suspend refuse to allow payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment operate, work at, or reside at the child care provider.
9,637
Section 637
. 49.155 (7) (b) of the statutes is repealed and recreated to read:
49.155 (7) (b) 1. If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider has been convicted or adjudicated delinquent for committing an offense that is not a serious crime, as defined in s. 48.686 (1) (c), but the department determines under s. 48.686 (5m) that the offense substantially relates to the care of children or the department determines that the offense substantially relates to the operation of a business, the department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to the child care provider for child care provided under this section.
2. If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider is the subject of a pending criminal charge or delinquency petition for committing an offense that is not a serious crime, as defined in s. 48.686 (1) (c), but the department determines under s. 48.686 (5m) that the offense substantially relates to the care of children or the department determines that the offense substantially relates to the operation of a business, the department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to the child care provider for child care provided under this section.
9,640m
Section 640m. 49.163 (2) (am) 2. of the statutes is amended to read:
49.163 (2) (am) 2. If over 24
25 years of age, be a biological or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.
9,643
Section 643
. 49.175 (1) (intro.) of the statutes is amended to read:
49.175 (1) Allocation of funds. (intro.) Except as provided in subs. sub. (2)
and (3), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (kp), the department shall allocate the following amounts for the following purposes:
9,644
Section 644
. 49.175 (1) (a), (b), (c), (g), (i), (k), (n), (o), (p), (q), (qm), (r), (s), (t), (u), (v), (y) and (z) of the statutes are amended to read:
49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $42,500,000 $31,110,000 in fiscal year 2017-18 2019-20 and
$44,625,000 $31,732,200 in fiscal year 2018-19 2020-21.
