AB462,11,1019 48.685 (2) (bm) If the person who is the subject of the search under par. (am),
20(ar),
or (b) 1. is not a resident of this state, or if at any time within the 3 years
21preceding the date of the search that person has not been a resident of this state, or
22if the department, county department, agency contracted with under s. 48.651 (2),
23child welfare agency, school board, or entity determines that the person's
24employment, licensing, or state court records provide a reasonable basis for further
25investigation, the department, county department, contracted agency, child welfare

1agency, school board, or entity shall make a good faith effort to obtain from any state
2or other United States jurisdiction in which the person is a resident or was a resident
3within the 3 years preceding the date of the search information that is equivalent to
4the information specified in par. (am) 1., (ar), or (b) 1. a. The department, county
5department, contracted agency, child welfare agency, school board, or entity may
6require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete
7set of the person's fingerprints. The department of justice may provide for the
8submission of the fingerprint cards to the federal bureau of investigation for the
9purposes of verifying the identity of the person fingerprinted and obtaining records
10of his or her criminal arrests and convictions.
AB462, s. 14 11Section 14. 48.685 (3) (a) of the statutes is amended to read:
AB462,11,2112 48.685 (3) (a) Every Subject to par. (am), every 4 years or at any time within
13that period that the department, a county department, or a child welfare agency, or
14a school board
considers appropriate, the department, county department, or child
15welfare agency, or school board shall request the information specified in sub. (2)
16(am) 1. to 5. for all caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified,
17or contracted to operate an entity, and for all persons who are nonclient residents of
18such a caregiver, and for all persons under 18 years of age, but not under 12 years
19of age, who are caregivers of a day care center that is licensed under s. 48.65 or
20established or contracted for under s. 120.13 (14) or of a day care provider that is
21certified under s. 48.651
.
AB462, s. 15 22Section 15. 48.685 (3) (am) of the statutes is created to read:
AB462,12,1223 48.685 (3) (am) 1. Every 3 months or at any time within that period that the
24department, a county department, an agency contracted with under s. 48.651 (2), or
25a school board considers appropriate, the department, county department,

1contracted agency, or school board shall request the information specified in sub. (2)
2(am) 1. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed under
3s. 48.65 to operate a day care center, certified as a day care provider under s. 48.651,
4or contracted under s. 120.13 (14) to operate a day care center. Beginning on January
51, 2011, and annually after that, the department shall submit a report to the
6appropriate standing committees of the legislature under s. 13.172 (3) describing the
7information collected under this subdivision, specifically any information indicating
8that a caregiver specified in sub. (1) (ag) 1. b. is ineligible under sub. (4m) (a) to be
9licensed under s. 48.65 to operate a day care center, certified under s. 48.651 as a child
10care provider, or contracted under s. 120.13 (14) to operate a day care center, and
11describing any action taken in response to the receipt of information under this
12subdivision indicating that such a caregiver is so ineligible.
AB462,12,1913 2. Every year or at any time within that period that the department, a county
14department, an agency contracted with under s. 48.651 (2), or a school board
15considers appropriate, the department, county department, contracted agency, or
16school board shall request the information specified in sub. (2) (am) 1. and (ar) for
17all persons who are nonclient residents of a caregiver specified in sub. (1) (ag) 1. b.
18and for all persons under 18 years of age, but not under 12 years of age, who are
19caregivers specified in sub. (1) (ag) 1. a. of such a caregiver.
AB462, s. 16 20Section 16. 48.685 (3) (b) of the statutes is amended to read:
AB462,13,221 48.685 (3) (b) Every Subject to par. (bm), every 4 years or at any time within
22that period that an entity considers appropriate, the entity shall request the
23information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers
24specified in sub. (1) (ag) 1. a. of the entity other than persons under 18 years of age,
25but not under 12 years of age, who are caregivers of a day care center that is licensed

1under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
2provider that is certified under s. 48.651
.
AB462, s. 17 3Section 17. 48.685 (3) (bm) of the statutes is created to read:
AB462,13,94 48.685 (3) (bm) Every year or at any time within that period that a day care
5center that is licensed under s. 48.65 or established or contracted for under s. 120.13
6(14) or a day care provider that is certified under s. 48.651 considers appropriate, the
7day care center or day care provider shall request the information specified in sub.
8(2) (b) 1. a. to e. and 2. for all persons who are caregivers specified in sub. (1) (ag) 1.
9a. of the day care center or day care provider who are 18 years of age or over.
AB462, s. 18 10Section 18. 48.685 (3m) of the statutes is amended to read:
AB462,13,1711 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
12county department, an agency contracted with under s. 48.651 (2), a child welfare
13agency, or a school board has obtained the information required under sub. (2) (am)
14or (3) (a) or (am) with respect to a person who is a caregiver specified in sub. (1) (ag)
151. b. and that person is also an employee, contractor, or nonclient resident of an
16entity, the entity is not required to obtain the information specified in sub. (2) (b) 1.
17or (3) (b) with respect to that person.
AB462, s. 19 18Section 19. 48.685 (4m) (a) 1. of the statutes is amended to read:
AB462,14,219 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or, if
20the person is an applicant for issuance or continuation of a license to operate a day
21care center or for initial certification under s. 48.651 or for renewal of that
22certification or if the person is proposing to contract with a school board under s.
23120.13 (14) or to renew a contract under that subsection, that the person has been
24convicted of a serious crime or adjudicated delinquent on or after his or her 12th
25birthday for committing a serious crime or that the person is the subject of a pending

1criminal charge or delinquency petition alleging that the person has committed a
2serious crime on or after his or her 12th birthday
.
AB462, s. 20 3Section 20. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Act
428
, section 1073d, is amended to read:
AB462,14,135 48.685 (4m) (ad) The department, a county department, or a child welfare
6agency may license a foster home or treatment foster home under s. 48.62,; the
7department may license a day care center under s. 48.65;
the department in a county
8having a population of 500,000 or more, a county department, or an agency
9contracted with under s. 48.651 (2) may certify a day care provider under s. 48.651,;
10and a school board may contract with a person under s. 120.13 (14), conditioned on
11the receipt of the information specified in sub. (2) (am) and (ar) indicating that the
12person is not ineligible to be licensed, certified, or contracted with for a reason
13specified in par. (a) 1. to 5.
AB462, s. 21 14Section 21. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Act
1528
, section 1074d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
16read:
AB462,14,2417 48.685 (4m) (ad) The department, a county department, or a child welfare
18agency may license a foster home under s. 48.62; the department may license a day
19care center under s. 48.65; the department in a county having a population of 500,000
20or more, a county department, or an agency contracted with under s. 48.651 (2) may
21certify a day care provider under s. 48.651; and a school board may contract with a
22person under s. 120.13 (14), conditioned on the receipt of the information specified
23in sub. (2) (am) and (ar) indicating that the person is not ineligible to be licensed,
24certified, or contracted with for a reason specified in par. (a) 1. to 5.
AB462, s. 22 25Section 22. 48.685 (4m) (b) 1. of the statutes is amended to read:
AB462,15,8
148.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if
2the person is a caregiver or nonclient resident of a day care center that is licensed
3under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
4provider that is certified under s. 48.651, that the person has been convicted of a
5serious crime or adjudicated delinquent on or after his or her 12th birthday for
6committing a serious crime or that the person is the subject of a pending criminal
7charge or delinquency petition alleging that the person has committed a serious
8crime on or after his or her 12th birthday
.
AB462, s. 23 9Section 23. 48.685 (5) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
10is amended to read:
AB462,15,2511 48.685 (5) (a) Subject to par. pars. (bm) and (br), the department may license
12to operate an entity, the department in a county having a population of 500,000 or
13more, a county department, or an agency contracted with under s. 48.651 (2) may
14certify under s. 48.651, a county department or a child welfare agency may license
15under s. 48.62, and a school board may contract with under s. 120.13 (14) a person
16who otherwise may not be licensed, certified, or contracted with for a reason specified
17in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside
18at the entity a person who otherwise may not be employed, contracted with, or
19permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the
20person demonstrates to the department, the county department, the contracted
21agency, the child welfare agency, or the school board or, in the case of an entity that
22is located within the boundaries of a reservation, to the person or body designated
23by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance
24with procedures established by the department by rule or by the tribe that he or she
25has been rehabilitated.
AB462, s. 24
1Section 24. 48.685 (5) (br) of the statutes is created to read:
AB462,16,102 48.685 (5) (br) For purposes of licensing a person to operate a day care center
3under s. 48.65, certifying a day care provider under s. 48.651, or contracting with a
4person under s. 120.13 (14) to operate a day care center or of permitting a person to
5be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day care center
6or day care provider, no person who has been convicted or adjudicated delinquent on
7or after his or her 12th birthday for committing any of the following offenses or who
8is the subject of a pending criminal charge or delinquency petition alleging that the
9person has committed any of the following offenses on or after his or her 12th
10birthday may be permitted to demonstrate that he or she has been rehabilitated:
AB462,16,1211 1. An offense under ch. 948 that is a felony, other than a violation of s. 948.22
12(2) or 948.51 (2).
AB462,16,1413 2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (4), (5), or (6) or
14940.20 (1) or (1m), if the victim is the spouse of the person.
AB462,16,1615 3. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1),
16(2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), or 943.32 (2).
AB462,16,1917 4. A violation of sub. (2), (3), (4m) (b), or (6), if the violation involves the
18provision of false information to the department, a county department, an agency
19contracting under s. 48.651 (2), a school board, or an entity.
AB462,17,220 5. An offense involving fraudulent activity as a participant in the Wisconsin
21Works program under ss. 49.141 to 49.161, including as a recipient of a child care
22subsidy under s. 49.155, or as a recipient of aid to families with dependent children
23under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits
24under the food stamp program under 7 USC 2011 to 2036, supplemental security
25income payments under s. 49.77, payments for the support of children of

1supplemental security income recipients under s. 49.775, or health care benefits
2under the Badger Care health care program under s. 49.665.
AB462,17,93 6. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3),
4125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207,
5940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s. 948.51 (3)
6(b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2)
7(am) 5., 6., or 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony,
8if committed not more than 5 years before the date of the investigation under sub.
9(2) (am) or (b) 1.
AB462,17,1210 7. A violation of s. 948.22 (2), if committed not more than 5 years before the date
11of the investigation under sub. (2) (am) or (b) 1., unless the person has paid all
12arrearages due and is meeting his or her current support obligations.
AB462, s. 25 13Section 25. 48.685 (5c) (a) of the statutes is amended to read:
AB462,17,1914 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to
15demonstrate to the department, an agency contracted with under s. 48.651 (2), or a
16child welfare agency that he or she has been rehabilitated may appeal to the
17secretary or his or her designee. Any person who is adversely affected by a decision
18of the secretary or his or her designee under this paragraph has a right to a contested
19case hearing under ch. 227.
AB462, s. 26 20Section 26. 48.685 (6) (am) of the statutes is amended to read:
AB462,18,321 48.685 (6) (am) Every Except as provided in this paragraph, every 4 years an
22entity shall require all of its caregivers and nonclient residents to complete a
23background information form that is provided to the entity by the department. Every
24year a day care center that is licensed under s. 48.65 or established or contracted for
25under s. 120.13 (14) or a day care provider that is certified under s. 48.651 shall

1require all of its caregivers and nonclient residents to complete a background
2information form that is provided to the day care center or day care provider by the
3department.
AB462, s. 27 4Section 27. 48.685 (6) (b) 2. of the statutes is amended to read:
AB462,18,105 48.685 (6) (b) 2. For caregivers who are licensed or certified by a county
6department or an agency contracted with under s. 48.651 (2), for persons who are
7nonclient residents of an entity that is licensed or certified by a county department
8or an agency contracted with under s. 48.651 (2), and for other persons specified by
9the department by rule, the entity shall send the background information form to the
10county department or contracted agency.
AB462, s. 28 11Section 28. 48.685 (8) of the statutes is amended to read:
AB462,18,1912 48.685 (8) The department, the department of health services, a county
13department, an agency contracted with under s. 48.651 (2), a child welfare agency,
14or a school board may charge a fee for obtaining the information required under sub.
15(2) (am), (ar), or (3) (a) or (am) or for providing information to an entity to enable the
16entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable
17cost of obtaining the information. No fee may be charged to a nurse aide, as defined
18in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be
19inconsistent with federal law.
AB462, s. 29 20Section 29. 48.715 (4g) of the statutes is created to read:
AB462,19,321 48.715 (4g) (a) If a person who has been issued a license under s. 48.66 (1) (a)
22or a probationary license under s. 48.69 to operate a day care center is convicted of
23a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s.
2448.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day
25care center is convicted or adjudicated delinquent for committing a serious crime on

1or after his or her 12th birthday, the department shall revoke the license of the day
2care center immediately upon providing written notice of revocation and the grounds
3for revocation and an explanation of the process for appealing the revocation.
AB462,19,144 (b) If a person who has been issued a license under s. 48.66 (1) (a) or a
5probationary license under s. 48.69 to operate a day care center is the subject of a
6pending criminal charge alleging that the person has committed a serious crime, as
7defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or
8a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care center is the
9subject of a pending criminal charge or delinquency petition alleging that the person
10has committed a serious crime on or after his or her 12th birthday, the department
11shall immediately suspend the license of the day care center until the department
12obtains information regarding the final disposition of the charge or delinquency
13petition indicating that the person is not ineligible to be licensed to operate a day care
14center.
AB462, s. 30 15Section 30. 49.133 (intro.) of the statutes is renumbered 49.133 (1m) (a) and
16amended to read:
AB462,19,2517 49.133 (1m) (a) The If a child care provider is convicted of a serious crime, as
18defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or
19a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is
20convicted or adjudicated delinquent for committing a serious crime on or after his or
21her 12th birthday, the
department or a county department under s. 46.215, 46.22, or
2246.23 may shall refuse to pay a the child care provider for any child care provided
23under s. 49.132, 1995 stats., or any other program if any of the following applies to
24the child care provider, employee or person living on the premises where child care
25is provided:
beginning on the date of the conviction or delinquency adjudication.
AB462, s. 31
1Section 31. 49.133 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
2is renumbered 49.133 (2m) (a) and amended to read:
AB462,20,93 49.133 (2m) (a) The person has been convicted of a felony or misdemeanor that
4or adjudicated delinquent on or after his or her 12th birthday for an offense that is
5not a serious crime, as defined in s. 48.685 (1) (c) 3m., but
the department or, county
6department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651
7(2), or school board
determines under s. 48.685 (5m) that the offense substantially
8relates to the care of children or the department or county department determines
9that the offense substantially relates
to the operation of a business.
AB462, s. 32 10Section 32. 49.133 (1m) (b) of the statutes is created to read:
AB462,20,2111 49.133 (1m) (b) If a child care provider is the subject of a pending criminal
12charge alleging that the person has committed a serious crime, as defined in s. 48.685
13(1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident,
14as defined in s. 48.685 (1) (bm), of the child care provider is the subject of a pending
15criminal charge or delinquency petition alleging that the person has committed a
16serious crime on or after his or her 12th birthday, the department or county
17department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to
18the child care provider for any child care provided under s. 49.132, 1995 stats., or any
19other program until the department obtains information regarding the final
20disposition of the charge or delinquency petition indicating that the person is not
21ineligible to receive such a payment.
AB462, s. 33 22Section 33. 49.133 (2) of the statutes is renumbered 49.133 (2m) (b) and
23amended to read:
AB462,21,324 49.133 (2m) (b) The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or
25a nonclient resident, as defined in s. 48.685 (1) (bm), and
is the subject of a pending

1criminal charge that the department or, county department under s. 46.215, 46.22,
2or 46.23, agency contracted with under s. 48.651 (2), or school board determines
3substantially relates to the care of children.
AB462, s. 34 4Section 34. 49.133 (2m) (intro.) of the statutes is created to read:
AB462,21,95 49.133 (2m) (intro.) The department or a county department under s. 46.215,
646.22, or 46.23 may refuse to pay a child care provider for child care provided under
7s. 49.132, 1995 stats., or any other program if any of the following applies to the child
8care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident,
9as defined in s. 48.685 (1) (bm), of the child care provider:
AB462, s. 35 10Section 35. 49.133 (3) of the statutes is renumbered 49.133 (2m) (c).
AB462, s. 36 11Section 36. 49.133 (4) of the statutes, as created by 2009 Wisconsin Act 28, is
12renumbered 49.133 (2m) (c).
AB462, s. 37 13Section 37. 49.155 (7) of the statutes, as affected by 2009 Wisconsin Act 28,
14is repealed and recreated to read:
AB462,21,2215 49.155 (7) Refusal to pay child care providers. (a) 1. If a child care provider
16is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver
17specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1)
18(bm), of the child care provider is convicted or adjudicated delinquent for committing
19a serious crime on or after his or her 12th birthday, the department or the county
20department under s. 46.215, 46.22, or 46.23 shall refuse to pay the child care provider
21for any child care provided under this section beginning on the date of the conviction
22or delinquency adjudication.
AB462,22,723 2. If a child care provider is the subject of a pending criminal charge alleging
24that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or
25if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in

1s. 48.685 (1) (bm), of the child care provider is the subject of a pending criminal charge
2or delinquency petition alleging that the person has committed a serious crime on
3or after his or her 12th birthday, the department or the county department under s.
446.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider
5for any child care provided under this section until the department obtains
6information regarding the final disposition of the charge or delinquency petition
7indicating that the person is not ineligible to receive such a payment.
AB462,22,128 (b) The department or the county department under s. 46.215, 46.22, or 46.23
9may refuse to pay a child care provider for child care provided under this section if
10any of the following applies to the child care provider or to a caregiver specified in
11s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child
12care provider:
AB462,22,1913 1. The person has been convicted of or adjudicated delinquent on or after his
14or her 12th birthday for committing an offense that is not a serious crime, as defined
15in s. 48.685 (1) (c) 3m., but the department, county department, agency contracted
16with under s. 48.651 (2), or school board determines under s. 48.685 (5m) that the
17offense substantially relates to the care of children or the department or county
18department determines that the offense substantially relates to the operation of a
19business.
AB462,22,2320 2. The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient
21resident, as defined in s. 48.685 (1) (bm), and is the subject of a pending criminal
22charge that the department, county department, agency contracted with under s.
2348.651 (2), or school board determines substantially relates to the care of children.
AB462,22,2524 3. The person has been determined under s. 48.981 to have abused or neglected
25a child.
AB462,23,3
14. The department or county department reasonably suspects that the person
2has violated any provision under the program under this section or any rule
3promulgated under this section.
AB462, s. 38 4Section 38. 120.13 (14) of the statutes is renumbered 120.13 (14) (a).
AB462, s. 39 5Section 39. 120.13 (14) (b) of the statutes is created to read:
AB462,23,136 120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a day
7care program is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if
8a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
9s. 48.685 (1) (bm), of the day care program is convicted or adjudicated delinquent for
10committing a serious crime on or after his or her 12th birthday, the school board shall
11rescind the contract of the contractor immediately upon providing written notice of
12the rescission and the grounds for the rescission and an explanation of the process
13for appealing the rescission.
AB462,23,2314 2. If a person who has contracted under par. (a) to provide a day care program
15is the subject of a pending criminal charge alleging that the person has committed
16a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s.
1748.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day
18care program is the subject of a pending criminal charge or delinquency petition
19alleging that the person has committed a serious crime on or after his or her 12th
20birthday, the school board shall immediately suspend the contract of the contractor
21until the school board obtains information regarding the final disposition of the
22charge or delinquency petition indicating that the person is not ineligible to provide
23a day care program under this subsection.
AB462, s. 40 24Section 40. Initial applicability.
AB462,24,7
1(1) Retroactive application. This act first applies to a decision to deny,
2suspend, revoke, rescind, or refuse to renew a license under section 48.65 of the
3statutes, a certification under section 48.651 of the statutes, or a contract under
4section 120.13 (14) of the statutes, or to refuse to pay a child care provider under
5section 49.133 or 49.155 (7) of the statutes, made on the effective date of this
6subsection, notwithstanding that the conviction, adjudication, or charge on which
7the decision is based was obtained or filed before the effective date of this subsection.
AB462, s. 41 8Section 41. Effective dates. This act takes effect on the first day of the 6th
9month beginning after publication, except as follows:
AB462,24,1310 (1) Elimination of treatment foster homes. The repeal and recreation of
11section 48.685 (4m) (ad) of the statutes takes effect on the date stated in the notice
12provided by the secretary of children and families and published in the Wisconsin
13Administrative Register under section 48.62 (9) of the statutes.
AB462,24,1414 (End)
Loading...
Loading...