Amendment AA1-AB470

LRBa1630/1

GMM:jld:pg

2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2003 ASSEMBLY BILL 470

January 5, 2004 - Offered by Representative Wieckert.

AB470-AA1,1,1 At the locations indicated, amend the bill as follows:

AB470-AA1,1,3 1. Page 1, line 7: after "Services" insert "or a local agency contracted by that department".

AB470-AA1,1,4 2. Page 4, line 17: after that line insert:

AB470-AA1,1,5 " Section 4m. 48.685 (1) (bj) of the statutes is created to read:

AB470-AA1,1,7 48.685 (1) (bj) "Local agency" means a nonprofit, tax-exempt corporation contracted with under sub. (2) (ar) 3. to administer sub. (2) (ar).".

AB470-AA1,1,8 3. Page 5, line 1: delete lines 1 to 25.

AB470-AA1,1,9 4. Page 6, line 1: delete lines 1 to 25.

AB470-AA1,1,10 5. Page 7, line 1: delete lines 1 to 8 and substitute:

AB470-AA1,1,11 " Section 6d. 48.685 (2) (am) (intro.) of the statutes is amended to read:

AB470-AA1,2,7 48.685 (2) (am) (intro.) The department, a county department, a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is 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 and the department or a local agency shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. c. who applies for registration under par. (ar) 1. and, if applicable, a nonclient resident of that caregiver:

AB470-AA1, s. 7d Section 7d. 48.685 (2) (am) 5. of the statutes is amended to read:

AB470-AA1,2,21 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 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 sub. (4m) (b) 1. to 5. and information maintained by the department or a local agency under this section regarding any denial to the person of registration under par. (ar) 1. for a reason specified in sub. (4m) (a) 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, registration, employment, or permission to reside as described in this subdivision, the department, a local agency, a county department, a child welfare agency, or a school board need not obtain the information specified in subds. 1. to 4.

AB470-AA1, s. 8d Section 8d. 48.685 (2) (ar) of the statutes is created to read:

AB470-AA1,3,16 48.685 (2) (ar) 1. The department or a local agency shall establish and maintain a registry listing all caregivers specified in sub. (1) (ag) 1. c. who have applied for registration under this subdivision and who have been determined by the department or local agency to be eligible for listing in the registry. Any caregiver specified in sub. (1) (ag) 1. c. may request the department or local agency to list the caregiver's name in the registry. On receipt of such a request, the department or local agency shall obtain the information specified in sub. (2) (am) 1. to 5. for the caregiver and, if the caregiver is providing, or is expected to provide, care and supervision for clients in the caregiver's home, all nonclient residents of the caregiver. If none of the circumstances specified in sub. (4m) (a) 1. to 5. apply to the caregiver or, if applicable, to any nonclient resident of the caregiver, the department or local agency shall list the caregiver in the registry and so advise the caregiver. If any of the circumstances specified in sub. (4m) (a) 1. to 5. apply to the caregiver or, if applicable, to any nonclient resident of the caregiver, the department or local agency may not list the caregiver in the registry and shall so advise the caregiver, stating the specific reason why the caregiver is ineligible for listing in the registry. A caregiver who is denied listing in the registry may demonstrate to the department or local agency under sub. (5) (a) that the caregiver or, if applicable, any nonclient resident of the caregiver has been rehabilitated.

AB470-AA1,3,22 2. Any individual who has employed or contracted with, or who is expecting to employ or contract with, a caregiver specified in sub. (1) (ag) 1. c. to provide care and supervision for a child of the individual may request the department or local agency to search the registry for the name of the caregiver. On receipt of such a request, the department or local agency shall search the registry for the name of the caregiver and shall advise the individual whether the person is listed in the registry.

AB470-AA1,3,25 3. The department may contract with a nonprofit, tax-exempt corporation, as defined in s. 49.134 (1) (c), that provides child care resource and referral services to administer this paragraph.

AB470-AA1, s. 9d Section 9d. 48.685 (2) (b) 1. e. of the statutes is amended to read:

AB470-AA1,4,13 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 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 sub. (4m) (b) 1. to 5. and information maintained by the department or a local agency under this section regarding any denial to the person of registration under par. (ar) 1. for a reason specified in sub. (4m) (a) 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, registration, 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.".

AB470-AA1,4,14 6. Page 7, line 16: delete lines 16 to 25.

AB470-AA1,4,15 7. Page 8, line 1: delete lines 1 to 25.

AB470-AA1,4,16 8. Page 9, line 1: delete lines 1 to 11 and substitute:

AB470-AA1,4,17 " Section 11d. 48.685 (2) (bd) of the statutes is amended to read:

AB470-AA1,5,12 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a local agency, 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) (a) or (am) indicates that the person is not ineligible to be registered under par. (ar) 1. for a reason specified in sub. (4m) (a) 1. to 5. or to be employed, contracted with, or permitted to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, local agency, county department, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be registered 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 or the department or a local agency from obtaining, at its discretion, that information with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of a caregiver specified in sub. (1) (ag) 1. c.

AB470-AA1, s. 12d Section 12d. 48.685 (3) (a) of the statutes is amended to read:

AB470-AA1,6,2 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, for all persons who are nonclient residents of an entity, and for all persons under 18 years of age, but not under 12 years of age, who are 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. Every 4 years or at any time within that period that the department or a local agency considers appropriate, the department or local agency shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers who are registered under sub. (2) (ar) 1. and, if applicable, all nonclient residents of those caregivers.

AB470-AA1, s. 13d Section 13d. 48.685 (3m) of the statutes is amended to read:

AB470-AA1,6,11 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a local agency, 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 who is a caregiver specified in sub. (1) (ag) 1. b., a caregiver registered under sub. (2) (ar) 1., or, if applicable, a nonclient resident of a caregiver registered under sub. (2) (ar) 1., and if that person is also an employee, 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.

AB470-AA1, s. 14d Section 14d. 48.685 (4m) (a) (intro.) of the statutes is amended to read:

AB470-AA1,6,21 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department or a local agency may not register a person under sub. (2) (ar) 1., a county department may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, local agency, county department, child welfare agency or school board knows or should have known any of the following:".

AB470-AA1,6,22 9. Page 10, line 10: delete lines 10 to 25.

AB470-AA1,6,23 10. Page 11, line 1: delete lines 1 to 25.

AB470-AA1,6,24 11. Page 12, line 1: delete lines 1 to 18 and substitute:

AB470-AA1,7,1 " Section 18d. 48.685 (5) (a) of the statutes is amended to read:

AB470-AA1,7,15 48.685 (5) (a) The department may license to operate an entity, the department or a local agency may register under sub. (2) (ar) 1., 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, registered, certified , or contracted with for a reason specified in sub. (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. (4m) (b) 1. to 5., if the person demonstrates to the department, the local agency, 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.

AB470-AA1, s. 18m Section 18m. 48.685 (5c) (a) of the statutes is amended to read:

AB470-AA1,7,22 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department, a local agency, or a child welfare agency that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB470-AA1, s. 19d Section 19d. 48.685 (5m) of the statutes is amended to read:

AB470-AA1,8,18 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 or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that 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, the department or a local agency may refuse to register a person under sub. (2) (ar) 1., 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), and a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and or a day care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person or, if applicable under sub. (2) (ar) 1., a nonclient resident of the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, local agency, county department, school board, day care center, or day care provider, substantially related to the care of a client.

AB470-AA1, s. 20d Section 20d. 48.685 (6) (a) of the statutes is amended to read:

AB470-AA1,9,9 48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department or a local agency shall require any person who applies for registration under sub. (2) (ar) 1. and, if applicable, a nonclient resident of a person who applies for registration under sub. (2) (ar) 1., a county department shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department. Every 4 years the department or a local agency shall require all person who are registered under sub. (2) (ar) 1. and, if applicable, all nonclient residents of those persons to complete a background information form that is provided to the person or nonclient resident by the department or local agency.

AB470-AA1, s. 21d Section 21d. 48.685 (8) of the statutes is amended to read:

AB470-AA1,9,18 48.685 (8) The department, a local agency, a county department, a child welfare agency, or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a), for providing information to individuals under sub. (2) (ar) 2., or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining or providing the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.".

AB470-AA1,9,19 (End)