AB64-ASA1,447,3
148.13
(3) Who has been the victim of abuse, as defined in s. 48.02 (1) (a)
, (b),
2(c), (d), (e), (f), or
(b) to (g), including injury that is self-inflicted or inflicted by
3another;
AB64-ASA1,769
4Section 769
. 48.13 (3m) of the statutes is amended to read:
AB64-ASA1,447,85
48.13
(3m) Who is at substantial risk of becoming the victim of abuse, as
6defined in s. 48.02 (1) (a)
, (b), (c), (d), (e), (f), or
(b) to (g), including injury that is
7self-inflicted or inflicted by another, based on reliable and credible information that
8another child in the home has been the victim of such abuse;
AB64-ASA1,772
9Section 772
. 48.563 (2) of the statutes is amended to read:
AB64-ASA1,447,1310
48.563
(2) County allocation. For children and family services under s. 48.569
11(1) (d), the department shall distribute not more than
$68,264,800 $70,211,100 in
12fiscal year
2015-16 2017-18 and
$68,327,900 $74,308,000 in fiscal year
2016-17 132018-19.
AB64-ASA1,773
14Section 773
. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
AB64-ASA1,447,2315
48.57
(3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
16(me), and (s), the department shall reimburse counties having populations of less
17than 750,000 for payments made under this subsection and shall make payments
18under this subsection in a county having a population of 750,000 or more. Subject
19to par. (ap), a county department and, in a county having a population of 750,000 or
20more, the department shall make payments in the amount of
$226 $238 per month
21beginning on January 1,
2014 2018, and
$232 $244 per month beginning on January
221,
2015 2019, to a kinship care relative who is providing care and maintenance for
23a child if all of the following conditions are met:
AB64-ASA1,774
24Section 774
. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
AB64-ASA1,448,10
148.57
(3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
2(me), and (s), the department shall reimburse counties having populations of less
3than 750,000 for payments made under this subsection and shall make payments
4under this subsection in a county having a population of 750,000 or more. Subject
5to par. (ap), a county department and, in a county having a population of 750,000 or
6more, the department shall make monthly payments for each child in the amount of
7$226 $238 per month beginning on January 1,
2014 2018, and
$232 $244 per month
8beginning on January 1,
2015 2019, to a long-term kinship care relative who is
9providing care and maintenance for that child if all of the following conditions are
10met:
AB64-ASA1,775
11Section 775
. 48.62 (4) of the statutes is amended to read:
AB64-ASA1,449,712
48.62
(4) Monthly payments in foster care shall be provided according to the
13rates specified in this subsection. Beginning on January 1,
2014 2018, the rates are
14$226 $238 for care and maintenance provided for a child of any age by a foster home
15that is certified to provide level one care, as defined in the rules promulgated under
16sub. (8) (a) and, for care and maintenance provided by a foster home that is certified
17to provide care at a level of care that is higher than level one care,
$375 $394 for a
18child under 5 years of age;
$410 $431 for a child 5 to 11 years of age;
$466
$490 for
19a child 12 to 14 years of age; and
$487 $511 for a child 15 years of age or over.
20Beginning on January 1,
2015 2019, the rates are
$232 $244 for care and
21maintenance provided for a child of any age by a foster home that is certified to
22provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for
23care and maintenance provided by a foster home that is certified to provide care at
24a level of care that is higher than level one care,
$384 $404 for a child under 5 years
25of age;
$420 $442 for a child 5 to 11 years of age;
$478 $502 for a child 12 to 14 years
1of age; and
$499 $524 for a child 15 years of age or over. In addition to these grants
2for basic maintenance, the department, county department, or licensed child welfare
3agency shall make supplemental payments for foster care to a foster home that is
4receiving an age-related rate under this subsection that are commensurate with the
5level of care that the foster home is certified to provide and the needs of the child who
6is placed in the foster home according to the rules promulgated by the department
7under sub. (8) (c).
AB64-ASA1,776
8Section 776
. 48.65 (1) of the statutes is amended to read:
AB64-ASA1,449,169
48.65
(1) No person may for compensation provide care and supervision for 4
10or more children under the age of 7 for less than 24 hours a day unless that person
11obtains a license to operate a child care center from the department. To obtain a
12license under this subsection to operate a child care center, a person must meet the
13minimum requirements for a license established by the department under s. 48.67,
14meet the requirements specified in s.
48.685
48.686, and pay the license fee under
15sub. (3). A license issued under this subsection is valid until revoked or suspended,
16but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB64-ASA1,777
17Section 777
. 48.651 (1) (intro.) of the statutes is amended to read:
AB64-ASA1,450,518
48.651
(1) (intro.) Except as provided in s. 49.155 (4) (c), no person, other than
19a child care center licensed under s. 48.65 or established or contracted for under s.
20120.13 (14), may receive payment for providing child care services for an individual
21who is determined eligible for a child care subsidy under s. 49.155 unless the person
22is certified, according to the standards adopted by the department under
s. 49.155 23sub. (1d), by the department in a county having a population of 750,000 or more, a
24county department, or an agency with which the department contracts under sub.
25(2). To be certified under this section, a person must meet the minimum
1requirements for certification established by the department under
s. 49.155 sub. 2(1d), meet the requirements specified in s.
48.685
48.686, and pay the fee specified
3in sub. (2). The department in a county having a population of 750,000 or more, a
4county department, or an agency contracted with under sub. (2) shall certify the
5following categories of child care providers:
AB64-ASA1,778
6Section 778
. 48.651 (1) (a) of the statutes is amended to read:
AB64-ASA1,450,107
48.651
(1) (a) Level I certified family child care providers, as established by the
8department under
s. 49.155
sub. (1d).
No provider may be certified under this
9paragraph if the provider is a relative of all of the children for whom the provider
10provides care.
AB64-ASA1,779
11Section 779
. 48.651 (1) (b) of the statutes is amended to read:
AB64-ASA1,450,1312
48.651
(1) (b) Level II certified family child care providers, as established by
13the department under
s. 49.155
sub. (1d).
AB64-ASA1,780
14Section 780
. 48.651 (1d) (b) of the statutes is created to read:
AB64-ASA1,450,2415
48.651
(1d) (b) 1. A level I certified family child care provider shall successfully
16complete department-approved preservice health and safety training in the topics
17specified in subd. 1. a. to j. by no later than the date of certification. A level II certified
18family child care provider or an employee or volunteer of a level I or level II certified
19family child care provider who is not the primary provider of care and supervision
20for children shall successfully complete department-approved preservice health and
21safety training in the topics specified in subd. 1. a. to j. by no later than the end of
22the orientation period available under
42 USC 9858c (c) (2) (I) (i) (XI). The health
23and safety training required under this subdivision shall include training in all of
24the following topics:
AB64-ASA1,451,2
1a. The prevention and control of infectious diseases, including by means of
2immunizations.
AB64-ASA1,451,43
b. The prevention of sudden infant death syndrome and use of safe sleeping
4practices.
AB64-ASA1,451,55
c. The administration of medication, consistent with parental consent.
AB64-ASA1,451,76
d. The prevention of and response to emergencies due to allergic reactions to
7food or other allergens.
AB64-ASA1,451,108
e. Building and physical premises safety, including identification of and
9protection from electrical hazards, bodies of water, vehicular traffic, and other
10hazards that can cause bodily injury.
AB64-ASA1,451,1111
f. The prevention of shaken baby syndrome and abusive head trauma.
AB64-ASA1,451,1312
g. Emergency preparedness and response planning for emergencies resulting
13from natural disaster or human-caused events.
AB64-ASA1,451,1514
h. The handling and storage of hazardous materials and the appropriate
15disposal of biocontaminants.
AB64-ASA1,451,1616
i. If applicable, appropriate precautions in transporting children.
AB64-ASA1,451,1717
j. First aid and cardiopulmonary resuscitation.
AB64-ASA1,451,2018
2. A child care provider or employee or volunteer of a child care provider shall
19also complete ongoing in-service training on an annual basis including training on
20the topics listed under subd. 1. a. to j.
AB64-ASA1,781
21Section 781
. 48.651 (2) of the statutes is amended to read:
AB64-ASA1,452,722
48.651
(2) The department in a county having a population of 750,000 or more
23or a county department shall certify child care providers under sub. (1) or the
24department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9),
25child care resource and referral agency,
Indian tribe, or other agency to certify child
1care providers under sub. (1) in a particular geographic area or for a particular
2Indian tribal unit. The department in a county having a population of 750,000 or
3more or a county department that certifies child care providers under sub. (1) may
4charge a fee to cover the costs of certifying those providers. An agency
or Indian tribe 5contracted with under this subsection may charge a fee specified by the department
6to supplement the amount provided by the department under the contract for
7certifying child care providers.
AB64-ASA1,782
8Section 782
. 48.651 (2m) of the statutes is repealed.
AB64-ASA1,783
9Section 783
. 48.651 (3) (a) of the statutes is amended to read:
AB64-ASA1,452,2110
48.651
(3) (a) If a child care provider certified under sub. (1) is convicted of a
11serious crime, as defined in s.
48.685 48.686 (1) (c)
3m., or if a caregiver specified in
12s.
48.685 48.686 (1) (ag) 1.
a. or a nonclient resident, as defined in s.
48.685 48.686 13(1) (bm), of the child care provider is convicted or adjudicated delinquent for
14committing a serious crime
, as defined in s. 48.686 (1) (c), on or after his or her
12th 1510th birthday,
or if the department provides written notice of a decision under s.
1648.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible
17for certification, employment, or residence at the child care provider, the department
18in a county having a population of 750,000 or more, a county department, or an
19agency contracted with under sub. (2) shall revoke the certification of the child care
20provider immediately upon providing written notice of revocation and the grounds
21for revocation and an explanation of the process for appealing the revocation.
AB64-ASA1,784
22Section 784
. 48.651 (3) (b) of the statutes is amended to read:
AB64-ASA1,453,923
48.651
(3) (b) If a child care provider certified under sub. (1) is the subject of
24a pending criminal charge alleging that the person has committed a serious crime,
25as defined in s.
48.685 48.686 (1) (c)
3m., or if a caregiver specified in s.
48.685 48.686
1(1) (ag) 1.
a. or a nonclient resident, as defined in s.
48.685 48.686 (1) (bm), of the child
2care provider is the subject of a pending criminal charge or delinquency petition
3alleging that the person has committed a serious crime on or after his or her
12th 410th birthday, the department in a county having a population of 750,000 or more,
5a county department, or an agency contracted with under sub. (2) shall immediately
6suspend the certification of the child care provider until the department, county
7department, or agency obtains information regarding the final disposition of the
8charge or delinquency petition indicating that the person is not ineligible to be
9certified under sub. (1).
AB64-ASA1,785
10Section 785
. 48.66 (1) (a) of the statutes is amended to read:
AB64-ASA1,453,2411
48.66
(1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
12license and supervise child welfare agencies, as required by s. 48.60, group homes,
13as required by s. 48.625, shelter care facilities, as required by s. 938.22, and child care
14centers, as required by s. 48.65. The department may license foster homes, as
15provided by s. 48.62, and may license and supervise county departments in
16accordance with the procedures specified in this section and in ss. 48.67 to 48.74.
The
17department may supervise a child care program established or contracted for under
18s. 120.13 (14) that receives payment under s. 49.155 for the child care provided. In
19the discharge of this duty the department may inspect the records and visit the
20premises of all child welfare agencies, group homes, shelter care facilities, and child
21care centers and visit the premises of all foster homes in which children are placed.
22The department may also inspect the records and visit the premises of all child care
23programs established or contracted for under s. 120.13 (14) that receive payment
24under s. 49.155 for the child care provided.
AB64-ASA1,786
25Section 786
. 48.66 (5) of the statutes is amended to read:
AB64-ASA1,454,15
148.66
(5) A child welfare agency, group home, child care center, or shelter care
2facility license, other than a probationary license, is valid until revoked or
3suspended, but shall be reviewed every 2 years after the date of issuance as provided
4in this subsection. At least 30 days prior to the continuation date of the license, the
5licensee shall submit to the department an application for continuance of the license
6in the form and containing the information that the department requires. If the
7minimum requirements for a license established under s. 48.67 are met, the
8application is approved, the applicable fees referred to in ss. 48.68 (1)
and, 48.685 (8)
,
9and 48.686 (2) (ag) are paid, and any forfeiture under s. 48.715 (3) (a) or penalty
10under s. 48.76 that is due is paid, the department shall continue the license for an
11additional 2-year period, unless sooner suspended or revoked. If the application is
12not timely filed, the department shall issue a warning to the licensee. If the licensee
13fails to apply for continuance of the license within 30 days after receipt of the
14warning, the department may revoke the license as provided in s. 48.715 (4) and (4m)
15(b).
AB64-ASA1,787
16Section 787
. 48.68 (1) of the statutes is amended to read:
AB64-ASA1,455,717
48.68
(1) After receipt of an application for a license, the department shall
18investigate to determine if the applicant meets the minimum requirements for a
19license adopted by the department under s. 48.67 and meets the requirements
20specified in s. 48.685
, if or 48.686, whichever is applicable. In determining whether
21to issue or continue a license, the department may consider any action by the
22applicant, or by an employee of the applicant, that constitutes a substantial failure
23by the applicant or employee to protect and promote the health, safety, and welfare
24of a child. Upon satisfactory completion of this investigation and payment of the fee
25required under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a), or 938.22 (7) (b),
1the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a
2probationary license under s. 48.69 or, if applicable, shall continue a license under
3s. 48.66 (5). At the time of initial licensure and license renewal, the department shall
4provide a foster home licensee with written information relating to the monthly
5foster care rates and supplemental payments specified in s. 48.62 (4), including
6payment amounts, eligibility requirements for supplemental payments, and the
7procedures for applying for supplemental payments.
AB64-ASA1,788
8Section 788
. 48.685 (1) (ag) 1. b. of the statutes is amended to read:
AB64-ASA1,455,129
48.685
(1) (ag) 1. b. A person who has, or is seeking, a license
, certification or
10contract to operate an entity, who is receiving, or is seeking, payment under s. 48.623
11(6) (am) for operating an entity, or who is seeking payment under s. 48.623 (6) (bm)
12for operating an entity.
AB64-ASA1,789
13Section 789
. 48.685 (1) (am) of the statutes is renumbered 48.685 (1) (am)
14(intro.) and amended to read:
AB64-ASA1,455,1715
48.685
(1) (am) (intro.) “Client" means a person who receives direct care or
16treatment services from an entity or from a caregiver specified in par. (ag) 1. am.
or
17from a child care program under s. 48.686 (1) (aj), including all of the following:
AB64-ASA1,790
18Section 790
. 48.685 (1) (am) 1., 2. and 3. of the statutes are created to read:
AB64-ASA1,455,2019
48.685
(1) (am) 1. An adopted child for whom adoption assistance payments are
20being made under s. 48.975.
AB64-ASA1,455,2221
2. A child for whom subsidized guardianship payments are being made under
22s. 48.623.
AB64-ASA1,455,2523
3. A person who is 18 to 21 years old, is receiving independent living services
24under
42 USC 677 (a), is no longer placed in out-of-home care, and is residing in the
25foster home in which he or she was previously placed.
AB64-ASA1,791
1Section
791. 48.685 (1) (b) of the statutes is amended to read:
AB64-ASA1,456,122
48.685
(1) (b) “Entity" means a child welfare agency that is licensed under s.
348.60 to provide care and maintenance for children, to place children for adoption,
4or to license foster homes; a foster home that is licensed under s. 48.62; an interim
5caretaker to whom subsidized guardianship payments are made under s. 48.623 (6);
6a person who is proposed to be named as a successor guardian in a successor
7subsidized guardianship agreement under s. 48.623 (2); a group home that is
8licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22;
a
9child care center that is licensed under s. 48.65 or established or contracted for under
10s. 120.13 (14); a child care provider that is certified under s. 48.651; an organization
11that facilitates delegations of the care and custody of children under s. 48.979; or a
12temporary employment agency that provides caregivers to another entity.
AB64-ASA1,792
13Section 792
. 48.685 (1) (bm) of the statutes is amended to read:
AB64-ASA1,456,1814
48.685
(1) (bm) “Nonclient resident" means a person
, including a person who
15is under 18 years of age, but not under 10 years of age, who resides, or is expected
16to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a
17client of the entity or caregiver, and who has, or is expected to have, regular, direct
18contact with clients of the entity or caregiver.
AB64-ASA1,793
19Section 793
. 48.685 (1) (c) 3m. of the statutes is repealed.
AB64-ASA1,793g
20Section 793g. 48.685 (1) (c) 3r. of the statutes is created to read:
AB64-ASA1,457,221
48.685
(1) (c) 3r. For purposes of licensing a foster home for the placement of
22a child or of providing subsidized guardianship payments to an interim caretaker
23under s. 48.623 (6) (am) or to a person seeking those payments as a successor
24guardian under s. 48.623 (6) (bm), or of permitting a person to be a caregiver or
1nonclient resident of a licensed foster home, any violation listed in subd. 1. to 3. or
2sub. (5) (bm) 1. to 4.
AB64-ASA1,794
3Section 794
. 48.685 (1) (c) 4. of the statutes is amended to read:
AB64-ASA1,457,64
48.685
(1) (c) 4. A violation of the law of any other state or United States
5jurisdiction that would be a violation listed in subd. 1., 2., 3., or
3m. 3r. if committed
6in this state.
AB64-ASA1,795
7Section 795
. 48.685 (2) (am) (intro.) of the statutes is amended to read:
AB64-ASA1,457,148
48.685
(2) (am) (intro.) The department, a county department,
an agency
9contracted with under s. 48.651 (2), or a child welfare agency
, or a school board shall
10obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b.
, 11or a nonclient resident of an entity
, and a person under 18 years of age, but not under
1212 years of age, who is a caregiver of a child care center that is licensed under s. 48.65
13or established or contracted for under s. 120.13 (14) or of a child care provider that
14is certified under s. 48.651:
AB64-ASA1,796
15Section 796
. 48.685 (2) (am) 5. of the statutes is amended to read:
AB64-ASA1,458,416
48.685
(2) (am) 5. Information maintained by the department of health services
17under this section and under ss. 48.623 (6) (am) 2. and (bm) 5.,
48.651 (2m), 48.75
18(1m),
and 48.979 (1) (b)
, and 120.13 (14) regarding any denial to the person of a
19license,
or continuation or renewal of a license
, certification, or a contract to operate
20an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason
21specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of
22employment at, a contract with, or permission to reside at an entity or of permission
23to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub.
24(4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the
25person has been denied a license,
or continuation or renewal of a license,
1certification, a contract, payments, employment,
a contract, or permission to reside
2as described in this subdivision, the department, a county department,
an agency
3contracted with under s. 48.651 (2), or a child welfare agency
, or a school board need
4not obtain the information specified in subds. 1. to 4.
AB64-ASA1,797
5Section 797
. 48.685 (2) (ar) of the statutes is repealed.
AB64-ASA1,798
6Section 798
. 48.685 (2) (b) 1. (intro.), a., b., c. and d. of the statutes are
7renumbered 48.685 (2) (b) (intro.), 1m., 2m., 3m. and 4m.
AB64-ASA1,799
8Section 799
. 48.685 (2) (b) 1. e. of the statutes is renumbered 48.685 (2) (b) 5m.
9and amended to read:
AB64-ASA1,458,2210
48.685
(2) (b) 5m. Information maintained by the department of health services
11under this section and under ss. 48.623 (6) (am) 2. and (bm) 5.,
48.651 (2m), 48.75
12(1m),
and 48.979 (1) (b)
, and 120.13 (14) regarding any denial to the person of a
13license,
or continuation or renewal of a license
, certification, or a contract to operate
14an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason
15specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of
16employment at, a contract with, or permission to reside at an entity or of permission
17to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub.
18(4m) (b) 1. to 5. If the information obtained under this
subd. 1. e. subdivision 19indicates that the person has been denied a license, continuation or renewal of a
20license,
certification, a contract, payments, employment, or permission to reside as
21described in this
subd. 1. e. subdivision, the entity need not obtain the information
22specified in
subd. 1. a. to d. subds. 1m. to 4m.
AB64-ASA1,800
23Section 800
. 48.685 (2) (b) 2. of the statutes is repealed.
AB64-ASA1,801
24Section 801
. 48.685 (2) (b) 4. of the statutes is repealed.
AB64-ASA1,802
25Section 802
. 48.685 (2) (bb) of the statutes is amended to read:
AB64-ASA1,459,19
148.685
(2) (bb) If information obtained under par. (am) or (b)
1. indicates a
2charge of a serious crime, but does not completely and clearly indicate the final
3disposition of the charge, the department, county department,
agency contracted
4with under s. 48.651 (2), child welfare agency,
school board, or entity shall make
5every reasonable effort to contact the clerk of courts to determine the final disposition
6of the charge. If a background information form under sub. (6) (a) or (am) indicates
7a charge or a conviction of a serious crime, but information obtained under par. (am)
8or (b)
1. does not indicate such a charge or conviction, the department, county
9department,
agency contracted with under s. 48.651 (2), child welfare agency,
school
10board, or entity shall make every reasonable effort to contact the clerk of courts to
11obtain a copy of the criminal complaint and the final disposition of the complaint.
12If information obtained under par. (am) or (b)
1., a background information form
13under sub. (6) (a) or (am), or any other information indicates a conviction of a
14violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013
15obtained not more than 5 years before the date on which that information was
16obtained, the department, county department,
agency contracted with under s.
1748.651 (2), child welfare agency,
school board, or entity shall make every reasonable
18effort to contact the clerk of courts to obtain a copy of the criminal complaint and
19judgment of conviction relating to that violation.
AB64-ASA1,803
20Section 803
. 48.685 (2) (bd) of the statutes is amended to read:
AB64-ASA1,460,1221
48.685
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
22department,
an agency contracted with under s. 48.651 (2), or a child welfare agency
,
23or a school board is not required to obtain the information specified in par. (am) 1.
24to 5., and an entity is not required to obtain the information specified in par. (b)
1.
25a. to e. 1m. to 5m., with respect to a person under 18 years of age whose background
1information form under sub. (6) (am) indicates that the person is not ineligible to be
2employed at, contracted with, or permitted to reside at an entity or permitted to
3reside with a caregiver specified under sub. (1) (ag) 1. am. of the entity for a reason
4specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, county
5department,
contracted agency, child welfare agency,
school board, or entity
6otherwise has no reason to believe that the person is ineligible to be employed,
7contracted with, or permitted to reside at an entity for any of those reasons. This
8paragraph does not preclude the department, a county department,
an agency
9contracted with under s. 48.651 (2), or a child welfare agency
, or a school board from
10obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect
11to a person described in this paragraph who is a nonclient resident or a prospective
12nonclient resident of an entity.
AB64-ASA1,804
13Section 804
. 48.685 (2) (bg) of the statutes is amended to read:
AB64-ASA1,460,2214
48.685
(2) (bg) If an entity employs or contracts with a caregiver for whom,
15within the last year, the information required under par. (b)
1. a. to c. and e. 1m. to
163m. and 5m. has already been obtained by another entity, the entity may obtain that
17information from that other entity, which shall provide the information, if possible,
18to the requesting entity. If an entity cannot obtain the information required under
19par. (b)
1. a. to c. and e. 1m. to 3m. and 5m. from another entity or if an entity has
20reasonable grounds to believe that any information obtained from another entity is
21no longer accurate, the entity shall obtain that information from the sources
22specified in par. (b)
1. a. to c. and e. 1m. to 3m. and 5m.
AB64-ASA1,805
23Section 805
. 48.685 (2) (bm) of the statutes is amended to read:
AB64-ASA1,461,1624
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
,
25(ar), or (b)
1. is not a resident of this state, or if at any time within the
3 5 years
1preceding the date of the search that person has not been a resident of this state, or
2if the department, county department,
agency contracted with under s. 48.651 (2), 3child welfare agency,
school board, or entity determines that the person's
4employment, licensing, or state court records provide a reasonable basis for further
5investigation, the department, county department,
contracted agency, child welfare
6agency,
school board, or entity shall make a good faith effort to obtain from any state
7or other United States jurisdiction in which the person is a resident or was a resident
8within the
3 5 years preceding the date of the search information that is equivalent
9to the information specified in par. (am) 1.
, (ar), or (b)
1. a. 1m. The department,
10county department,
contracted agency, child welfare agency,
school board, or entity
11may require the person to be fingerprinted on 2 fingerprint cards, each bearing a
12complete set of the person's fingerprints, or by other technologies approved by law
13enforcement agencies. The department of justice may provide for the submission of
14the fingerprint cards or fingerprints by other technologies to the federal bureau of
15investigation for the purposes of verifying the identity of the person fingerprinted
16and obtaining records of his or her criminal arrests and convictions.
AB64-ASA1,806
17Section 806
. 48.685 (2) (br) of the statutes is repealed.
AB64-ASA1,807
18Section 807
. 48.685 (3) (a) of the statutes is amended to read:
AB64-ASA1,461,2519
48.685
(3) (a)
Subject to par. (am), every Every 4 years or at any time within
20that period that the department, a county department, or a child welfare agency
21considers appropriate, the department, county department, or child welfare agency
22shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers
23specified in sub. (1) (ag) 1. b. who are licensed
, certified, or contracted to operate an
24entity, or who are receiving payments under s. 48.623 (6) (am) for operating an entity,
25and for all persons who are nonclient residents of such a caregiver.
AB64-ASA1,808
1Section
808. 48.685 (3) (am) of the statutes is repealed.
AB64-ASA1,809
2Section 809
. 48.685 (3) (b) of the statutes is amended to read:
AB64-ASA1,462,73
48.685
(3) (b)
Subject to par. (bm), every Every 4 years or at any time within
4that period that an entity considers appropriate, the entity shall request the
5information specified in sub. (2) (b)
1. a. to e.
1m. to 5m. for all persons who are
6caregivers specified in sub. (1) (ag) 1. a. or am. of the entity and for all nonclient
7residents of a caregiver specified in sub. (1) (ag) 1. am. of the entity.
AB64-ASA1,810
8Section 810
. 48.685 (3) (bm) of the statutes is repealed.
AB64-ASA1,811
9Section 811
. 48.685 (3m) of the statutes is amended to read:
AB64-ASA1,462,1610
48.685
(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
11county department,
an agency contracted with under s. 48.651 (2), or a child welfare
12agency
, or a school board has obtained the information required under sub. (2) (am)
13or (3) (a)
or (am) with respect to a person who is a caregiver specified in sub. (1) (ag)
141. b. and that person is also an employee, contractor, or nonclient resident of an
15entity, the entity is not required to obtain the information specified in sub. (2) (b)
1. 16or (3) (b) with respect to that person.