AB64: Bill Text

AB64,467,5 (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.

AB64,467,7 (8) The department may promulgate any rules necessary for the administration of this section.

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

AB64,467,20 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.

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

AB64,468,7 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.

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

AB64,468,16 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.

AB64,835 Section 835. 48.78 (2) (g) of the statutes is amended to read:

AB64,469,5 48.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or, 457, or 464. Unless authorized by an order of the court, the department of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

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

AB64,469,13 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.

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

AB64,469,24 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.

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

AB64,470,11 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.

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

AB64,470,17 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:

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

AB64,470,25 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.

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

AB64,471,6 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.

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

AB64,471,14 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.

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

AB64,471,18 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).

AB64,844 Section 844. 49.1377 of the statutes is created to read:

AB64,471,20 49.1377 Early absenteeism pilot program. (1) Definitions. In this section:

AB64,471,22 (a) “Chronic absenteeism” means the absence of a student from school for 10 percent or more of the school year.

AB64,471,23 (b) “School” means a public elementary school.

AB64,472,5 (2) Competitive grant program. In fiscal years 2018-19 and 2019-20, the department shall award grants on a competitive basis to eligible schools for the purpose of reducing chronic absenteeism in early grades. In awarding grants under this section, the department shall give priority to applicant schools that have higher numbers of chronically absent students in early grades than other applicant schools. The department may determine other criteria upon which to base the award of grants under this section.

AB64,472,12 (3) Eligibility. A school is eligible for a grant under this section if the school experiences chronic absenteeism in early grades. After receiving a grant under this section, a school is only eligible for a subsequent grant under this section if the school achieves, during the school year for which the grant was awarded, the reduction in chronic absenteeism in early grades specified in the grant agreement. The department shall consult with the department of public instruction to determine the appropriate absenteeism reduction goal for grant recipients.

AB64,472,18 (4) Memorandum of understanding. The department and the department of public instruction shall enter into a memorandum of understanding under which the departments cooperate and exchange data for the purpose of determining grant eligibility, reviewing grant applications, developing outcome measurements, verifying outcomes for grant recipients, and any other actions the departments agree are necessary.

AB64,472,20 (5) Sunset. The department may not award any grants under this section after June 30, 2020.

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

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

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

AB64,473,3 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).

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

AB64,473,10 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.

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

AB64,473,12 49.155 (1d) (title) Child care certification rules quality of care standards.

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

AB64,473,23 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).

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

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

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

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

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

AB64,474,11 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:

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

AB64,474,24 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:

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

AB64,475,2 49.155 (1m) (a) 1. Meet Meeting the school attendance requirement under s. 49.26 (1) (ge).

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

AB64,475,9 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:

AB64,859 Section 859. 49.155 (1m) (a) 2. of the statutes is amended to read:

AB64,475,12 49.155 (1m) (a) 2. Work Working in an unsubsidized job, including training provided by an employer during the regular hours of employment.

AB64,860 Section 860. 49.155 (1m) (a) 3. of the statutes is amended to read:

AB64,475,17 49.155 (1m) (a) 3. Work Working in a Wisconsin works employment position, including participation in job search, orientation, and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am), or (5) (bm).

AB64,861 Section 861. 49.155 (1m) (a) 3m. of the statutes is amended to read:

AB64,475,21 49.155 (1m) (a) 3m. Participate Participating in a job search or work experience component of the food stamp employment and training program under s. 49.79 (9).

AB64,862 Section 862. 49.155 (1m) (a) 3r. of the statutes is amended to read:

AB64,475,24 49.155 (1m) (a) 3r. Participate Participating in the Transform Milwaukee Jobs program, or the Transitional Jobs program, under s. 49.163.

AB64,863 Section 863. 49.155 (1m) (a) 4. of the statutes is amended to read:

AB64,476,7 49.155 (1m) (a) 4. Participate Participating in basic education, including an English as a 2nd language course; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, if the department or the county department or agency determining eligibility determines that basic education would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.

AB64,864 Section 864. 49.155 (1m) (a) 5. of the statutes is amended to read:

AB64,476,14 49.155 (1m) (a) 5. Participate Participating in a course of study at a technical college, or participate participating in educational courses that provide an employment skill, as determined by the department, if the department or the county department or agency determining eligibility determines that the course or courses would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.

AB64,865 Section 865 . 49.155 (1m) (a) 6. of the statutes is created to read:

AB64,476,17 49.155 (1m) (a) 6. Taking a temporary break from an authorized activity specified in subds. 1. to 5.

AB64,866 Section 866. 49.155 (1m) (br) of the statutes is created to read:

AB64,476,21 49.155 (1m) (br) The child is immunized as required under s. 252.04. Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization requirement may only be waived for reasons of health or religion.

AB64,867 Section 867. 49.155 (1m) (c) 1. of the statutes is amended to read:

AB64,477,9 49.155 (1m) (c) 1. Except as provided in subds. 1d., 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185 percent of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200 percent of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the department or county department or agency determining eligibility shall include the sum of the following:

AB64,868 Section 868. 49.155 (1m) (c) 1d. of the statutes is created to read:

AB64,477,16 49.155 (1m) (c) 1d. Notwithstanding sub. (5) (b), if the individual is already receiving a child care subsidy under this section and the gross income of the individual's family exceeds 200 percent of the poverty line for a family the size of the individual's family, the individual's copayment amount under sub. (5) increases by $1 for every $3 by which the individual's family's gross income exceeds 200 percent of the poverty line for a family the size of the individual's family.

AB64,869 Section 869. 49.155 (1m) (cm) of the statutes is created to read:

AB64,477,19 49.155 (1m) (cm) The total liquid assets of the individual's family do not exceed $25,000. This paragraph does not apply if the individual is any of the following:

AB64,477,20 1. A foster parent of the child.

AB64,477,21 2. A subsidized guardian or interim caretaker of the child under s. 48.623.

AB64,477,23 3. A relative of the child who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.

AB64,870 Section 870. 49.155 (2) of the statutes is created to read:

AB64,478,5 49.155 (2) Eligibility based on the child's age. Notwithstanding sub. (1m) (intro.) and (a) (intro.), an individual does not lose eligibility for a child care subsidy for a child who attains the age of 13 or, if the child is disabled, attains the age of 19 until the department or the county department or agency redetermines the individual's eligibility.

AB64,871 Section 871. 49.155 (4) (a) of the statutes is amended to read:

AB64,478,11 49.155 (4) (a) An eligible individual shall choose whether the child care will be provided by a child care center licensed under s. 48.65, a Level I certified family child care provider certified under s. 48.651 (1) (a), a Level II certified family child care provider certified under s. 48.651 (1) (b), or a child care program provided or contracted for by a school board under s. 120.13 (14).

AB64,872 Section 872. 49.155 (6) (b) of the statutes is amended to read:

AB64,478,16 49.155 (6) (b) The department shall set maximum payment rates for Level I certified family child care providers certified under s. 48.651 (1) (a) for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 75 percent of the rates established under par. (a).