AB100-engrossed,792,924 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day
25care center that provides care and supervision for 4 to 8 children, the day care center

1must pay to the department a biennial fee of $50 $55. Before the department may
2issue a license under sub. (1) to a day care center that provides care and supervision
3for 9 or more children, the day care center must pay to the department a biennial fee
4of $25 $27.50, plus a biennial fee of $7 $7.70 per child, based on the number of
5children that the day care center is licensed to serve. A day care center that wishes
6to renew continue a license issued under sub. (1) shall pay the applicable fee under
7this paragraph by the renewal continuation date of the license. A new day care
8center shall pay the applicable fee under this paragraph no later than 30 days before
9the opening of the day care center.
AB100-engrossed, s. 1651 10Section 1651. 48.65 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
11.... (this act), is repealed and recreated to read:
AB100-engrossed,792,2112 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day
13care center that provides care and supervision for 4 to 8 children, the day care center
14must pay to the department a biennial fee of $60.50. Before the department may
15issue a license under sub. (1) to a day care center that provides care and supervision
16for 9 or more children, the day care center must pay to the department a biennial fee
17of $30.25, plus a biennial fee of $8.47 per child, based on the number of children that
18the day care center is licensed to serve. A day care center that wishes to continue a
19license issued under sub. (1) shall pay the applicable fee under this paragraph by the
20continuation date of the license. A new day care center shall pay the applicable fee
21under this paragraph no later than 30 days before the opening of the day care center.
AB100-engrossed, s. 1652 22Section 1652. 48.65 (3) (b) of the statutes is amended to read:
AB100-engrossed,793,323 48.65 (3) (b) A day care center that wishes to renew continue a license issued
24under par. (a) and that fails to pay the applicable fee under par. (a) by the renewal
25continuation date of the license or a new day care center that fails to pay the

1applicable fee under par. (a) by 30 days before the opening of the day care center shall
2pay an additional fee of $5 per day for every day after the deadline that the group
3home fails to pay the fee.
AB100-engrossed, s. 1653 4Section 1653. 48.651 (1) (intro.) of the statutes is amended to read:
AB100-engrossed,793,115 48.651 (1) (intro.) Each county department shall certify, according to the
6standards adopted by the department of workforce development under s. 46.03 (21)
749.155 (1d), each day care provider reimbursed for child care services provided to
8families determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the
9provider is a day care center licensed under s. 48.65 or is established or contracted
10for under s. 120.13 (14). Each county may charge a fee to cover the costs of
11certification. The county shall certify the following categories of day care providers:
AB100-engrossed, s. 1653g 12Section 1653g. 48.651 (1) (intro.) of the statutes, as affected by 1997
13Wisconsin Act .... (this act), is amended to read:
AB100-engrossed,793,2314 48.651 (1) (intro.) Each county department shall certify, according to the
15standards adopted by the department of workforce development under s. 49.155 (1d),
16each day care provider reimbursed for child care services provided to families
17determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider
18is a day care center licensed under s. 48.65 or is established or contracted for under
19s. 120.13 (14). Each county may charge a fee to cover the costs of certification. To
20be certified under this section, a person must meet the minimum requirements for
21certification established by the department of workforce development under s.
2249.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified
23in this section.
The county shall certify the following categories of day care providers:
AB100-engrossed, s. 1654 24Section 1654. 48.651 (1) (a) of the statutes is amended to read:
AB100-engrossed,794,5
148.651 (1) (a) Level I certified family day care providers, as established by the
2department under s. 46.03 (21) of workforce development under s. 49.155 (1d). No
3county may certify a provider under this paragraph if the provider is a relative of all
4of the children for whom he or she provides care. The department may establish by
5rule other requirements for certification under this paragraph.
AB100-engrossed, s. 1655 6Section 1655. 48.651 (1) (b) of the statutes is amended to read:
AB100-engrossed,794,117 48.651 (1) (b) Level II certified family day care providers, as established by the
8department under s. 46.03 (21). In establishing the requirements for certification
9under this paragraph, the department may not include a requirement for training
10for providers. The department may establish by rule requirements for certification
11under this paragraph
of workforce development, under s. 49.155 (1d).
AB100-engrossed, s. 1655p 12Section 1655p. 48.651 (2) of the statutes is repealed.
AB100-engrossed, s. 1655r 13Section 1655r. 48.651 (2m) of the statutes is created to read:
AB100-engrossed,794,1614 48.651 (2m) Each county department shall provide the department with
15information about each person who is denied certification for a reason specified in
16s. 48.685 (2) (a) 1. to 5.
AB100-engrossed, s. 1656 17Section 1656. 48.66 (1) of the statutes is amended to read:
AB100-engrossed,795,918 48.66 (1) The department shall license and supervise child welfare agencies,
19as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
20as required by s. 48.48 938.22, and day care centers, as required by s. 48.65. The
21department may license foster homes or treatment foster homes, as provided by s.
2248.62, and may license and supervise county departments in accordance with the
23procedures specified in this section and in ss. 48.67 to 48.74. The department of
24corrections may license a child welfare agency to operate a secured child caring
25institution, as defined in s. 938.02 (15g), for holding in secure custody children who

1have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d),
2(4h) or (4m) and referred to the child welfare agency by the court or the department
3of corrections and to provide supervision, care and maintenance for those children.
4A license issued under this subsection, other than a license to operate a foster home,
5treatment foster home or secured child caring institution, is valid until revoked or
6suspended. A license issued under this subsection to operate a foster home,
7treatment foster home or secured child caring institution may be for any term not to
8exceed 2 years from the date of issuance. No license issued under this subsection is
9transferrable.
AB100-engrossed, s. 1660 10Section 1660. 48.66 (4) of the statutes is repealed.
AB100-engrossed, s. 1661 11Section 1661. 48.66 (5) of the statutes is repealed and recreated to read:
AB100-engrossed,796,212 48.66 (5) A child welfare agency, group home, day care center or shelter care
13facility license, other than a probationary license, is valid until revoked or
14suspended, but shall be reviewed every 2 years after the date of issuance as provided
15in this subsection. At least 30 days prior to the continuation date of the license, the
16licensee shall submit to the department an application for continuance of the license
17in the form and containing the information that the department requires. If the
18minimum requirements for a license established under s. 48.67 are met, the
19application is approved, the applicable fee referred to in s. 48.68 (1) is paid, any
20forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid and, for
21a day care center, the fee under s. 48.65 (1m) (j) is paid, the department shall continue
22the license for an additional 2-year period, unless sooner suspended or revoked. If
23the application is not timely filed, the department shall issue a warning to the
24licensee. If the licensee fails to apply for continuance of the license within 30 days

1after receipt of the warning, the department may revoke the license as provided in
2s. 48.715 (4) and (4m) (b).
AB100-engrossed, s. 1661d 3Section 1661d. 48.66 (5) of the statutes, as affected by 1997 Wisconsin Act ....
4(this act), is amended to read:
AB100-engrossed,796,195 48.66 (5) A child welfare agency, group home, day care center or shelter care
6facility license, other than a probationary license, is valid until revoked or
7suspended, but shall be reviewed every 2 years after the date of issuance as provided
8in this subsection. At least 30 days prior to the continuation date of the license, the
9licensee shall submit to the department an application for continuance of the license
10in the form and containing the information that the department requires. If the
11minimum requirements for a license established under s. 48.67 are met, the
12application is approved, the applicable fee fees referred to in s. 48.68 (1) is paid, ss.
1348.68 (1) and 48.685 (8) are paid and
any forfeiture under s. 48.715 (3) (a) or penalty
14under s. 48.76 that is due is paid and, for a day care center, the fee under s. 48.65 (1m)
15(j) is paid
, the department shall continue the license for an additional 2-year period,
16unless sooner suspended or revoked. If the application is not timely filed, the
17department shall issue a warning to the licensee. If the licensee fails to apply for
18continuance of the license within 30 days after receipt of the warning, the
19department may revoke the license as provided in s. 48.715 (4) and (4m) (b).
AB100-engrossed, s. 1662 20Section 1662. 48.67 of the statutes is amended to read:
AB100-engrossed,797,5 2148.67 Rules governing child welfare agencies, day care centers, foster
22homes, treatment foster homes, group homes, shelter care facilities and
23county departments.
The department shall promulgate rules establishing
24minimum requirements for the issuance of licenses to, and establishing standards
25for the operation of, child welfare agencies, day care centers, foster homes, treatment

1foster homes, group homes, shelter care facilities and county departments. These
2rules shall be designed to protect and promote the health, safety and welfare of the
3children in the care of all licensees. The department shall consult with the
4department of commerce and the department of education public instruction before
5promulgating these rules.
AB100-engrossed, s. 1663 6Section 1663. 48.68 (1) of the statutes is amended to read:
AB100-engrossed,797,217 48.68 (1) After receipt of an application for a license, the department shall
8investigate to determine if the applicant meets the minimum requirements for a
9license adopted by the department under s. 48.67. In determining whether to issue
10or continue a license, the department may consider any action by the applicant, or
11by an employe of the applicant, that constitutes a substantial failure by the applicant
12or employe to protect and promote the health, safety and welfare of a child. Upon
13satisfactory completion of this investigation and payment of the fee required under
14s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department
15shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under
16s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of
17initial licensure and license renewal, the department shall provide a foster home
18licensee with written information relating to the age-related monthly foster care
19rates and supplemental payments specified in s. 48.62 (4), including payment
20amounts, eligibility requirements for supplemental payments and the procedures for
21applying for supplemental payments.
AB100-engrossed, s. 1663d 22Section 1663d. 48.68 (1) of the statutes, as affected by 1997 Wisconsin Act ....
23(this act), is repealed and recreated to read:
AB100-engrossed,798,1424 48.68 (1) After receipt of an application for a license, the department shall
25investigate to determine if the applicant meets the minimum requirements for a

1license adopted by the department under s. 48.67 and meets the requirements
2specified in s. 48.685, if applicable. In determining whether to issue or continue a
3license, the department may consider any action by the applicant, or by an employe
4of the applicant, that constitutes a substantial failure by the applicant or employe
5to protect and promote the health, safety and welfare of a child. Upon satisfactory
6completion of this investigation and payment of the fee required under s. 48.615 (1)
7(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
8license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69 or,
9if applicable, shall continue a license under s. 48.66 (5). At the time of initial
10licensure and license renewal, the department shall provide a foster home licensee
11with written information relating to the age-related monthly foster care rates and
12supplemental payments specified in s. 48.62 (4), including payment amounts,
13eligibility requirements for supplemental payments and the procedures for applying
14for supplemental payments.
AB100-engrossed, s. 1664 15Section 1664. 48.68 (2) of the statutes is amended to read:
AB100-engrossed,798,1916 48.68 (2) Before renewing continuing the license of any child welfare agency
17or group home, the department shall consider all formal complaints filed under s.
1848.745 (2) and the disposition of each during the current license previous 2-year
19period.
AB100-engrossed, s. 1664d 20Section 1664d. 48.685 of the statutes is created to read:
AB100-engrossed,798,22 2148.685 Criminal history and child abuse record search. (1) In this
22section:
AB100-engrossed,798,2323 (a) "Client" means a child who receives services from an entity.
AB100-engrossed,799,424 (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to
25provide care and maintenance for children, to place children for adoption or to license

1foster homes or treatment foster homes; a group home that is licensed under s.
248.625; a shelter care facility that is licensed under s. 938.22; a day care center that
3is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a
4day care provider that is certified under s. 48.651.
AB100-engrossed,799,65 (c) "Serious crime" has the meaning specified by the department by rule
6promulgated under sub. (7) (a).
AB100-engrossed,799,12 7(2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the
8department may not license a person to operate an entity or continue the license of
9a person to operate an entity, and, except as provided in par. (ad) and sub. (5), a
10county department may not certify a day care provider under s. 48.651 and a school
11board may not contract with a person under s. 120.13 (14), if the department, county
12department or school board knows or should have known any of the following:
AB100-engrossed,799,1313 1. That the person has been convicted of a serious crime.
AB100-engrossed,799,1414 2. That the person has pending against him or her a charge for a serious crime.
AB100-engrossed,799,1715 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
16made a finding that the person has abused or neglected any client or
17misappropriated the property of any client.
AB100-engrossed,799,1918 4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
19has abused or neglected a child.
AB100-engrossed,799,2220 5. That, in the case of a position for which the person must be credentialed by
21the department of regulation and licensing, the person's credential is not current or
22is limited so as to restrict the person from providing adequate care to a client.
AB100-engrossed,800,223 (ad) A county department may certify a day care provider under s. 48.651 and
24a school board may contract with a person under s. 120.13 (14), conditioned on the

1receipt of the information specified in par. (am) indicating that the person is not
2ineligible to be certified or contracted with for a reason specified in par. (a) 1. to 5.
AB100-engrossed,800,73 (ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity
4may not hire or contract with a person who will be under the entity's control, as
5defined by the department by rule, and who is expected to have access to its clients,
6or permit to reside at the entity a person who is not a client and who is expected to
7have access to a client, if the entity knows or should have known any of the following:
AB100-engrossed,800,88 1. That the person has been convicted of a serious crime.
AB100-engrossed,800,99 2. That the person has pending against him or her a charge for a serious crime.
AB100-engrossed,800,1210 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
11made a finding that the person has abused or neglected any client or
12misappropriated the property of any client.
AB100-engrossed,800,1413 4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
14has abused or neglected a child.
AB100-engrossed,800,1715 5. That, in the case of a position for which the person must be credentialed by
16the department of regulation and licensing, the person's credential is not current or
17is limited so as to restrict the person from providing adequate care to a client.
AB100-engrossed,800,2018 (am) Subject to subd. 5., the department, a county department or a school board
19shall obtain all of the following with respect to a person specified under par. (a)
20(intro.):
AB100-engrossed,800,2221 1. A criminal history search from the records maintained by the department
22of justice.
AB100-engrossed,800,2423 2. Information that is contained in the registry under s. 146.40 (4g) regarding
24any findings against the person.
AB100-engrossed,801,2
13. Information maintained by the department of regulation and licensing
2regarding the status of the person's credentials, if applicable.
AB100-engrossed,801,43 4. Information maintained by the department regarding any substantiated
4reports of child abuse or neglect against the person.
AB100-engrossed,801,145 5. Information maintained by the department under this section, under section
648.651 (2m) and under s. 120.13 (14) regarding any denial to the person of a license,
7continuation of a license, certification or a contract to operate an entity for a reason
8specified in par. (a) 1. to 5. and regarding any denial to the person of employment at,
9a contract with or permission to reside at an entity for a reason specified in par. (ag)
101. to 5. If the information obtained under this subdivision indicates that the person
11has been denied a license, continuation of a license, certification, a contract,
12employment or permission to reside as described in this subdivision, the department,
13a county department or a school board need not obtain the information specified in
14subds. 1. to 4.
AB100-engrossed,801,1615 (b) 1. Subject to subds. 1. e., 2. and 3., every entity shall obtain all of the
16following with respect to a person specified under par. (ag) (intro.):
AB100-engrossed,801,1817 a. A criminal history search from the records maintained by the department
18of justice.
AB100-engrossed,801,2019 b. Information that is contained in the registry under s. 146.40 (4g) regarding
20any findings against the person.
AB100-engrossed,801,2221 c. Information maintained by the department of regulation and licensing
22regarding the status of the person's credentials, if applicable.
AB100-engrossed,801,2423 d. Information maintained by the department regarding any substantiated
24reports of child abuse or neglect against the person.
AB100-engrossed,802,9
1e. Information maintained by the department under this section, under section
248.651 (2m) and under s. 120.13 (14) regarding any denial to the person of a license,
3continuation of a license, certification or a contract to operate an entity for a reason
4specified in par. (a) 1. to 5. and regarding any denial to the person of employment at,
5a contract with or permission to reside at an entity for a reason specified in par. (ag)
61. to 5. If the information obtained under this subd. 1. e. indicates that the person
7has been denied a license, continuation of a license, certification, a contract,
8employment or permission to reside as described in this subd. 1. e., the entity need
9not obtain the information specified in subd. 1. a. to d.
AB100-engrossed,802,1310 2. Subdivision 1. does not apply with respect to a person with whom the entity
11contracts or whom the entity employs to perform infrequent or sporadic services,
12including maintenance services and other services that are not directly related to the
13care of a client.
AB100-engrossed,802,1914 3. Subdivision 1. does not apply with respect to a person under 18 years of age
15whose background information form under sub. (6) (am) indicates that the person is
16not ineligible to be employed, contracted with or permitted to reside at the entity for
17a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise
18has no reason to believe that the person is ineligible to be employed, contracted with
19or permitted to reside at the entity for any of those reasons.
AB100-engrossed,803,320 (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a
21person for whom, within the last 4 years, the information required under par. (b) 1.
22a. to c. and e. has already been obtained, either by another entity or by a temporary
23employment agency, the entity may obtain the information required under par. (b)
241. a. to c. and e. from that other entity or temporary employment agency, which shall
25provide the information, if possible, to the entity. If an entity cannot obtain the

1information required under par. (b) 1. a. to c. and e. from another entity or from a
2temporary employment agency, the entity shall obtain that information from the
3sources specified in par. (b) 1. a. to c. and e.
AB100-engrossed,803,104 (bm) If the person who is the subject of the search under par. (am) or (b) 1. is
5not a resident of this state, or if at any time within the 3 years preceding the date of
6the search that person has not been a resident of this state, the department, county
7department, school board or entity shall make a good faith effort to obtain from any
8state in which the person is a resident or was a resident within the 3 years preceding
9the date of the search information that is equivalent to the information specified in
10par. (am) 1. or (b) 1. a.
AB100-engrossed,803,1711 (c) If the background information form completed by a person under sub. (6)
12(am) indicates that the person is not ineligible to be employed, contracted with or
13permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity
14may employ or contract with the person or permit the person to reside at the entity
15for not more than 60 days pending the receipt of the information sought under par.
16(b) 1. An entity shall provide supervision for a person who is employed, contracted
17with or permitted to reside as permitted under this paragraph.
AB100-engrossed,803,21 18(3) (a) Every 4 years or at any time within that period that the department, a
19county department or a school board considers appropriate, the department, county
20department or school board shall request the information specified in sub. (2) (am)
211. to 5. for all persons who are licensed, certified or contracted to operate an entity.
AB100-engrossed,803,2422 (b) Every 4 years or at any time within that period that an entity considers
23appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to
24e. for all persons specified in sub. (2) (ag) (intro.).
AB100-engrossed,804,5
1(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county
2department or a school board has obtained the information required under sub. (2)
3(am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person
4is also an employe, contractor or resident of an entity, the entity is not required to
5obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
AB100-engrossed,804,7 6(4) An entity that violates sub. (2) or (3) may be required to forfeit not more than
7$1,000 and may be subject to other sanctions specified by the department by rule.
AB100-engrossed,804,18 8(5) The department may license to operate an entity, a county department may
9certify under s. 48.651 and a school board may contract with under s. 120.13 (14) a
10person who otherwise may not be licensed, certified or contracted with for a reason
11specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to
12reside at the entity a person who otherwise may not be employed, contracted with
13or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the
14person demonstrates to the department, the county department or the school board
15by clear and convincing evidence and in accordance with procedures established by
16the department by rule that he or she has been rehabilitated. No person who has
17been convicted of any of the following offenses may be permitted to demonstrate that
18he or she has been rehabilitated:
AB100-engrossed,804,1919 (a) First-degree intentional homicide under s. 940.01.
AB100-engrossed,804,2020 (b) First degree sexual assault under s. 940.225 (1).
AB100-engrossed,804,2121 (c) First degree sexual assault of a child under s. 948.02 (1).
AB100-engrossed,804,2422 (d) Second degree sexual assault of a child under s. 948.02 (2) if the person was,
23at the time of the sexual contact or sexual intercourse, more than 4 years older than
24the child with whom the person had the sexual contact or sexual intercourse.
AB100-engrossed,805,5
1(e) Repeated acts of sexual assault of the same child under s. 948.025 if the child
2had not attained the age of 13, or if the child had attained the age of 13 and had not
3attained the age of 16 and the person was, at the time of the sexual contact or sexual
4intercourse, more than 4 years older than the child with whom the person had the
5sexual contact or sexual intercourse.
AB100-engrossed,805,10 6(5c) (a) Any person who is permitted but fails under sub. (5) to demonstrate to
7the department that he or she has been rehabilitated may appeal to the secretary of
8health and family services or his or her designee. Any person who is adversely
9affected by a decision of the secretary or his or her designee under this paragraph has
10a right to a contested case hearing under ch. 227.
AB100-engrossed,805,1511 (b) Any person who is permitted but fails under sub. (5) to demonstrate to the
12county department that he or she has been rehabilitated may appeal to the director
13of the county department or his or her designee. Any person who is adversely affected
14by a decision of the director or his or her designee under this paragraph has a right
15to appeal the decision under ch. 68.
AB100-engrossed,805,2016 (c) Any person who is permitted but fails under sub. (5) to demonstrate to the
17school board that he or she has been rehabilitated may appeal to the secretary of
18public instruction or his or her designee. Any person who is adversely affected by a
19decision of the secretary or his or her designee under this paragraph has a right to
20a contested case hearing under ch. 227.
AB100-engrossed,806,3 21(5g) Beginning on the first January 1 after the effective date of this subsection
22.... [revisor inserts date], and annually thereafter, the department shall submit a
23report to the legislature under s. 13.172 (2) that specifies the number of persons in
24the previous year who have requested to demonstrate to the department that they
25have been rehabilitated under sub. (5), the number of persons who successfully

1demonstrated that they have been rehabilitated under sub. (5) and the reasons for
2the success or failure of a person who has attempted to demonstrate that he or she
3has been rehabilitated.
AB100-engrossed,806,12 4(5m) Notwithstanding s. 111.335, the department may refuse to license a
5person to operate an entity, a county department may refuse to certify a day care
6provider under s. 48.651, a school board may refuse to contract with a person under
7s. 120.13 (14), and an entity may refuse to employ, contract with or permit to reside
8at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted
9of an offense that the department has not defined as a "serious crime" by rule
10promulgated under sub. (7) (a), or specified in the list established by rule under sub.
11(7) (b), but that is, in the estimation of the department, county department, school
12board or entity, substantially related to the care of a client.
AB100-engrossed,806,19 13(6) (a) The department shall require any person who applies for issuance or
14continuation of a license to operate an entity, a county department shall require any
15day care provider who applies for initial certification under s. 48.651 or for renewal
16of that certification and a school board shall require any person who proposes to
17contract with the school board under s. 120.13 (14) or to renew a contract under that
18subsection, to complete a background information form that is provided by the
19department.
AB100-engrossed,806,2220 (am) Every 4 years an entity shall require all of the following persons to
21complete a background information form that is provided to the entity by the
22department:
AB100-engrossed,806,2523 1. A person who is an employe, prospective employe, contractor or prospective
24contractor of the entity, who will be under the entity's control and who has, or is
25expected to have, access to its clients, other than a person specified in sub. (2) (b) 2.
AB100-engrossed,807,3
12. A person who is a resident or prospective resident at the entity and who is
2not a client or prospective client of the entity, if the person has, or is expected to have,
3access to any client of the entity.
AB100-engrossed,807,94 (b) For persons specified under par. (a) who are regulated, licensed or certified
5by, or registered with, the department, for persons specified in par. (am) 2., and for
6other persons specified by the department by rule, the entity shall send the
7background information form to the department. For all other persons specified in
8par. (a) and for persons specified under par. (am) 1., the entity shall maintain the
9background information form on file for inspection by the department.
AB100-engrossed,807,1210 (c) A person who provides false information on a background information form
11required under this subsection may be required to forfeit not more than $1,000 and
12may be subject to other sanctions specified by the department by rule.
AB100-engrossed,807,13 13(7) The department shall do all of the following:
AB100-engrossed,807,2214 (a) Establish by rule a definition of "serious crime" for the purpose of this
15section. The definition shall include only crimes or acts that are substantially related
16to the care of a client and shall include classes of crimes or acts involving abuse or
17neglect of a client for which no person who has committed any of those crimes or acts
18may be permitted to demonstrate under sub. (5) that he or she has been
19rehabilitated. The definition may also include other crimes or acts that do not
20involve abuse or neglect of a client but that are substantially related to the care of
21a client for which no person who committed any of those crimes or acts may be
22permitted to demonstrate under sub. (5) that he or she has been rehabilitated.
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