Amendment ASA1-AB64

AB64-ASA1,480,14 (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 or other information regarding the individual.

AB64-ASA1,480,20 (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 and information on the right to appeal.

AB64-ASA1,481,6 (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 or nonclient resident 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 or residence as a nonclient resident on the basis of a background check under sub. (2) (am) 1. or 7. If the individual is ineligible for employment or residence 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.

AB64-ASA1,481,9 (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.

AB64-ASA1,481,14 (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.

AB64-ASA1,481,20 (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 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 day appeal period. Extensions may be granted for good cause shown.

AB64-ASA1,481,22 (c) An appeal shall be submitted in the manner and on forms prescribed by the department, and must include all of the following information:

AB64-ASA1,481,23 1. The information or issue disputed by the individual.

AB64-ASA1,481,25 2. Any information known to the individual, or available to the individual through the exercise of reasonable diligence, that supports the individual's position.

AB64-ASA1,482,3 3. The current or last known names, addresses, telephone numbers, and email addresses of any persons known or believed to have information relevant to determination of the appeal.

AB64-ASA1,482,6 4. Copies of any documents or other materials in the possession of the individual, or reasonably available to the individual, that support the individual's position regarding the disputed information.

AB64-ASA1,482,10 (e) The department shall attempt to verify the accuracy of the information challenged by the appellant, including making reasonable good faith efforts to locate any missing information regarding the disqualifying crime that is relevant to the issue identified for appeal.

AB64-ASA1,482,12 (f) The department shall sustain the results of its criminal background check report if supported by a preponderance of the available evidence.

AB64-ASA1,482,17 (g) The department shall issue its appeal decision in writing. If the results of the original report are sustained upon review, the decision shall indicate the department's efforts to verify the accuracy of the information challenged by the individual. The decision shall also indicate any additional reconsideration and appeal rights available to the appellant.

AB64-ASA1,482,19 (h) An appellant under this subsection may seek reconsideration of the department's decision under par. (g) by the secretary or the secretary's designee.

AB64-ASA1,482,23 (i) A request for reconsideration detailing the basis for the request must be sent to the secretary at the address, e-mail address, or fax number identified in the department's decision no later than 30 days after the date of the department's decision.

AB64-ASA1,483,3 (j) The secretary or secretary's designee shall issue his or her reconsideration decision in writing and shall include information about any additional appeal rights available to the individual.

AB64-ASA1,483,5 (k) A denial of reconsideration under this subsection is a final decision of the department, and the appellant has a right to a contested case hearing under ch. 227.

AB64-ASA1,483,12 (L) The appeal and reconsideration process set forth in this subsection is the exclusive method for disputing a criminal history background report issued by the department. The department's decision may not be appealed in a ch. 68 or 227 proceeding challenging the denial of a license, certification, or contract to operate a child care program based on the department's criminal history background check report or challenging any other child care regulatory action taken in reliance upon that report.

AB64-ASA1,483,19 (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.

AB64-ASA1,484,8 (5) (a) Subject to par. (br), the department may license to operate a child care program, 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 under s. 48.651, 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. (4m) (a) 1. to 8., and a child care program may employ, contract with, or permit to reside at the child care program a person who otherwise may not be so employed, contracted with, or permitted to reside for a reason specified in sub. (4m) (a) 1. to 8., if the person demonstrates to the department, the county department, the contracted agency, or the school board or, in the case of a child care program that is located within the boundaries of a reservation, to the person or body designated by the Indian 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.

AB64-ASA1,484,15 (br) No person who has been convicted or adjudicated delinquent on or after his or her 10th birthday for committing any of the offenses identified in sub. (1) (c) 1. to 8. or 12. 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) 1. to 8. if committed in this state or who is the subject of a pending criminal charge or delinquency petition alleging that the person has committed any of those offenses on or after his or her 10th birthday may be permitted to demonstrate that he or she has been rehabilitated.

AB64-ASA1,485,2 (cm) Notwithstanding sub. (4m) (a) 1., if a person was convicted or adjudicated delinquent on or after his or her 10th birthday for committing any of the offenses listed in sub. (1) (c) 9. or 10. and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, 5 or more years before the date of the investigation under sub. (2) (am), then the conviction or delinquency adjudication alone does not make the person ineligible to be licensed as a child care center under s. 48.65, certified as a child care provider under s. 48.651, contracted with under s. 120.13 (14), or employed by, contracted with, or permitted to reside at a child care program and, with respect to that conviction or delinquency adjudication, the person need not demonstrate that he or she has been rehabilitated under par. (a) before being so licensed, certified, contracted with, employed, or permitted to reside.

AB64-ASA1,485,7 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department that he or she has been rehabilitated may appeal to the secretary 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.

AB64-ASA1,485,13 (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to a county department or an agency contracted with under s. 48.651 (2) that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under ch. 68.

AB64-ASA1,485,18 (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to a school board that he or she has been rehabilitated may appeal to the state superintendent of public instruction or his or her designee. Any person who is adversely affected by a decision of the state superintendent or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB64-ASA1,485,21 (5d) (a) Any Indian 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:

AB64-ASA1,485,22 1. The criteria to be used to determine if a person has been rehabilitated.

AB64-ASA1,485,24 2. The title of the person or body designated by the Indian tribe to whom a request for review must be made.

AB64-ASA1,486,2 3. The title of the person or body designated by the Indian tribe to determine whether a person has been rehabilitated.

AB64-ASA1,486,5 3m. The title of the person or body, designated by the Indian tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the Indian tribe provides any further rights to appeal.

AB64-ASA1,486,8 4. The manner in which the Indian 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).

AB64-ASA1,486,11 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.

AB64-ASA1,486,21 (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 Indian 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 Indian 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.

AB64-ASA1,487,2 (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.

AB64-ASA1,487,16 (5m) Notwithstanding s. 111.335, the department may refuse to license a person 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), and a child care program may refuse to employ or contract with a caregiver or permit a nonclient resident 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.

AB64-ASA1,487,21 (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.

AB64-ASA1,487,23 (8) The department may promulgate any rules necessary for the administration of this section.

AB64-ASA1,832 Section 832 . 48.715 (4g) (a) of the statutes is amended to read:

AB64-ASA1,488,12 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. 48.685 48.686 (1) (c) 3m., or, if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care center is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday, or if the results of a criminal background check conducted under s. 48.686 indicate that the person, caregiver, or nonclient resident is not eligible to be licensed, certified, or employed or 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.

AB64-ASA1,833 Section 833 . 48.715 (4g) (b) of the statutes is amended to read:

AB64-ASA1,488,24 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. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the 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 12th 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 a child care center.

AB64-ASA1,834 Section 834 . 48.73 of the statutes is amended to read:

AB64-ASA1,489,8 48.73 Inspection of licensees and school district child care programs. The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department, and for that purpose shall be given unrestricted access to the premises described in the license. The department may visit and inspect each child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided, and for that purpose shall be given unrestricted access to the premises used for the child care program.

AB64-ASA1,835a Section 835a. 48.981 (3) (c) 5r. of the statutes is amended to read:

AB64-ASA1,489,18 48.981 (3) (c) 5r. Within 15 days after a final determination is made under subd. 5m. that a specific person has abused or neglected a child or, if a contested case hearing is held on such a determination, within 15 days after a final decision is made under subd. 5p. determining that a specific person has abused or neglected a child, the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department shall provide the subunit of the department that administers s. ss. 48.685 and 48.686 with information about the person who has been determined to have abused or neglected the child.

AB64-ASA1,835t Section 835t. 48.981 (3) (cr) of the statutes is created to read:

AB64-ASA1,489,24 48.981 (3) (cr) Contracts to perform child protective services. 1. With the approval of the department, a county department may contract with one or more county departments or the department in a county having a population of 750,000 or more under s. 66.0301 to fulfill the county department's duties under this subsection and sub. (3m).

AB64-ASA1,490,3 2. The department in a county having a population of 750,000 or more may contract with one or more county departments under s. 66.0301 to fulfill the department's duties under this subsection and sub. (3m).

AB64-ASA1,836 Section 836 . 48.981 (7) (cp) of the statutes is amended to read:

AB64-ASA1,490,11 48.981 (7) (cp) Notwithstanding par. (a), an agency may disclose a determination made before January 1, 2015, that a person has abused or neglected a child for purposes of a background check under s. 48.685, 48.686, or 50.065 only if that determination has not been reversed or modified on appeal and may disclose such a determination made on or after January 1, 2015, for those purposes only as provided in sub. (3) (c) 5r. Nothing in this paragraph prevents the disclosure of a report or record as otherwise permitted under this subsection.

AB64-ASA1,837 Section 837 . 49.133 (1m) (a) of the statutes is amended to read:

AB64-ASA1,490,22 49.133 (1m) (a) If a child care provider is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday or if the department provides written notice under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible for certification, employment, or residence at the child care provider, the department or a county department under s. 46.215, 46.22, or 46.23 shall refuse to pay the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program beginning on the date of the conviction or delinquency adjudication.

AB64-ASA1,838 Section 838 . 49.133 (1m) (b) of the statutes is amended to read:

AB64-ASA1,491,9 49.133 (1m) (b) 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. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the 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 12th 10th birthday, the department or county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program 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.

AB64-ASA1,839 Section 839 . 49.133 (2m) (intro.) of the statutes is amended to read:

AB64-ASA1,491,15 49.133 (2m) (intro.) The department or a county department under s. 46.215, 46.22, or 46.23 may refuse to pay a child care provider for child care provided under s. 49.132, 1995 stats., or any other program if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider:

AB64-ASA1,840 Section 840 . 49.133 (2m) (a) of the statutes is amended to read:

AB64-ASA1,491,23 49.133 (2m) (a) The person has been convicted of or adjudicated delinquent on or after his or her 12th 10th birthday for an offense that is not a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., but the department, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 48.686 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.

AB64-ASA1,841 Section 841 . 49.133 (2m) (b) of the statutes is amended to read:

AB64-ASA1,492,5 49.133 (2m) (b) The person is a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), and is the subject of a pending criminal charge that the department, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.

AB64-ASA1,842 Section 842 . 49.137 (2) (a) of the statutes is amended to read:

AB64-ASA1,492,13 49.137 (2) (a) From the allocation under s. 49.155 (1g), the department may award grants to child care providers that meet the quality of care standards established under s. 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB64-ASA1,843 Section 843 . 49.137 (3) (a) of the statutes is amended to read:

AB64-ASA1,492,17 49.137 (3) (a) From the allocation under s. 49.155 (1g), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.155 (1d) (b).

AB64-ASA1,844n Section 844n. 49.1385 of the statutes is created to read:

AB64-ASA1,492,21 49.1385 Grants for services for homeless and runaway youth. The department may award not more than $100,000 in each fiscal year in grants to support programs that provide services for homeless and runaway youth.

AB64-ASA1,845 Section 845 . 49.155 (1) (am) of the statutes is repealed.

AB64-ASA1,846 Section 846 . 49.155 (1) (b) of the statutes is repealed.

AB64-ASA1,847 Section 847 . 49.155 (1) (bm) of the statutes is created to read:

AB64-ASA1,493,5 49.155 (1) (bm) “Liquid assets” means an individual's financial resources that are cash or can be quickly converted to cash without incurring penalties, including cash on hand, as well as funds in checking, savings, money market, and credit union share accounts. “Liquid assets” does not include any financial resources designated by the department by rule as excluded for purposes of sub. (1m) (cm).

AB64-ASA1,848 Section 848 . 49.155 (1) (cm) of the statutes is created to read:

AB64-ASA1,493,12 49.155 (1) (cm) “Temporary break” means an individual's time-limited absence from an authorized activity due to illness, leave to care for an individual's family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an authorized activity as long as the individual continues to be employed or enrolled in the authorized activity and the absence does not exceed 3 months.

AB64-ASA1,849 Section 849 . 49.155 (1d) (title) of the statutes is amended to read:

AB64-ASA1,493,14 49.155 (1d) (title) Child care certification rules quality of care standards.

AB64-ASA1,850 Section 850 . 49.155 (1d) (a) (intro.) of the statutes is renumbered 48.651 (1d) (a) and amended to read:

AB64-ASA1,493,25 48.651 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651 sub. (1). The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph for certification of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, all of the following: the minimum health and safety training required under par. (b).

AB64-ASA1,851 Section 851. 49.155 (1d) (a) 1. of the statutes is repealed.

AB64-ASA1,852 Section 852 . 49.155 (1d) (a) 2. of the statutes is repealed.

AB64-ASA1,853 Section 853 . 49.155 (1d) (am) of the statutes is repealed.

AB64-ASA1,854 Section 854 . 49.155 (1d) (b) of the statutes is renumbered 49.155 (1d).

AB64-ASA1,855 Section 855 . 49.155 (1m) (intro.) of the statutes is amended to read:

AB64-ASA1,494,13 49.155 (1m) Eligibility. (intro.) Except as provided in s. 49.155 sub. (3g), the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, and subject to sub. (2), an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

AB64-ASA1,856 Section 856 . 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB64-ASA1,495,2 49.155 (1m) (a) (intro.) The Subject to sub. (2), the individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a relative who, under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual's eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following:

AB64-ASA1,857 Section 857 . 49.155 (1m) (a) 1. of the statutes is amended to read:

AB64-ASA1,495,5 49.155 (1m) (a) 1. Meet Meeting the school attendance requirement under s. 49.26 (1) (ge).

AB64-ASA1,858 Section 858 . 49.155 (1m) (a) 1m. (intro.) of the statutes is amended to read:

AB64-ASA1,495,12 49.155 (1m) (a) 1m. (intro.) Obtain Obtaining a high school diploma or participate participating in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) and at least one of the following conditions is met: