48.685(2)(b)1.c.
c. Information maintained by the department of safety and professional services regarding the status of the person's credentials, if applicable.
48.685(2)(b)1.d.
d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
48.685(2)(b)1.e.
e. Information maintained by the department of health services under this section and under
ss. 48.623 (6) (b),
48.651 (2m),
48.75 (1m),
48.979 (1) (b), and
120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity, or of payments under
s. 48.623 (6) for operating an entity, for a reason specified in
sub. (4m) (a) 1. to
5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in
sub. (1) (ag) 1. am. for a reason specified in
sub. (4m) (b) 1. to
5. If the information obtained under this
subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, payments, employment, or permission to reside as described in this
subd. 1. e., the entity need not obtain the information specified in
subd. 1. a. to
d.
48.685 Note
NOTE: Subd. 1. e. is shown as affected by
2011 Wis. Acts 32 and
87 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.685(2)(b)2.
2. In addition to obtaining the information specified in
subd. 1. with respect to a caregiver specified in
sub. (1) (ag) 1. a. of a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a child care provider that is certified under
s. 48.651, the child care center or child care provider shall obtain information that is contained in the sex offender registry under
s. 301.45 regarding whether the person has committed a sex offense that is a serious crime.
48.685(2)(b)4.
4. Subdivisions 1. and
2. do not apply with respect to a nonclient resident or person under 18 years of age, but not under 12 years of age, who is a caregiver of a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a child care provider that is certified under
s. 48.651 and with respect to whom the department, a county department, an agency contracted with under
s. 48.651 (2), or a school board is required under
par. (am) (intro.) to obtain the information specified in
par. (am) 1. to
5.
48.685(2)(bb)
(bb) If information obtained under
par. (am) or
(b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under
sub. (6) (a) or
(am) indicates a charge or a conviction of a serious crime, but information obtained under
par. (am) or
(b) 1. does not indicate such a charge or conviction, the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under
par. (am) or
(b) 1., a background information form under
sub. (6) (a) or
(am), or any other information indicates a conviction of a violation of
s. 940.19 (1),
940.195,
940.20,
941.30,
942.08,
947.01 (1), or
947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
48.685(2)(bd)
(bd) Notwithstanding
pars. (am) and
(b) 1., the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board is not required to obtain the information specified in
par. (am) 1. to
5., and an entity is not required to obtain the information specified in
par. (b) 1. a. to
e., with respect to a person under 18 years of age whose background information form under
sub. (6) (am) indicates that the person is not ineligible to be employed at, contracted with, or permitted to reside at an entity or permitted to reside with a caregiver specified under
sub. (1) (ag) 1. am. of the entity for a reason specified in
sub. (4m) (b) 1. to
5. and with respect to whom the department, county department, contracted agency, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board from obtaining, at its discretion, the information specified in
par. (am) 1. to
5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
48.685(2)(bg)
(bg) If an entity employs or contracts with a caregiver for whom, within the last year, the information required under
par. (b) 1. a. to
c. and
e. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under
par. (b) 1. a. to
c. and
e. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in
par. (b) 1. a. to
c. and
e.
48.685(2)(bm)
(bm) If the person who is the subject of the search under
par. (am),
(ar), or
(b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, agency contracted with under
s. 48.651 (2), child welfare agency, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, contracted agency, child welfare agency, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in
par. (am) 1.,
(ar), or
(b) 1. a. The department, county department, contracted agency, child welfare agency, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
48.685(2)(c)1.1. If the person who is the subject of the search under
par. (am) is seeking an initial license to operate a foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under
42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in
28 USC 534 (f) (3) (A). If that person is seeking subsidized guardianship payments under
s. 48.623 (6), the department in a county having a population of 750,000 or more or county department shall request that fingerprint-based check. The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under
42 USC 16962 (e).
48.685(2)(c)2.
2. If the person who is the subject of the search under
par. (am) is seeking a license to operate a foster home or is an adult nonclient resident of the foster home and if the person or adult nonclient resident is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department, county department, or child welfare agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the person or adult nonclient resident is a resident or was a resident within those 5 years for information that is equivalent to the information specified in
par. (am) 4. If that person is seeking subsidized guardianship payments under
s. 48.623 (6) or is an adult nonclient resident of the home of that person and if the person or adult nonclient resident is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department in a county having a population of 750,000 or more or county department shall conduct that child abuse or neglect registry check. The department, county department, or child welfare agency may not use any information obtained under this subdivision for any purpose other than a search of the person's background under
par. (am).
48.685(2)(d)
(d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver under
par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.
48.685(3)(a)(a) Subject to
par. (am), every 4 years or at any time within that period that the department, a county department, or a child welfare agency considers appropriate, the department, county department, or child welfare agency shall request the information specified in
sub. (2) (am) 1. to
5. for all caregivers specified in
sub. (1) (ag) 1. b. who are licensed, certified, or contracted to operate an entity, or who are receiving payments under
s. 48.623 (6) for operating an entity, and for all persons who are nonclient residents of such a caregiver.
48.685(3)(am)1.1. Every 3 months or at any time within that period that the department, a county department, an agency contracted with under
s. 48.651 (2), or a school board considers appropriate, the department, county department, contracted agency, or school board shall request the information specified in
sub. (2) (am) 1. to
5. and
(ar) for all caregivers specified in
sub. (1) (ag) 1. b. who are licensed under
s. 48.65 to operate a child care center, certified as a child care provider under
s. 48.651, or contracted under
s. 120.13 (14) to operate a child care center. Beginning on January 1, 2011, and annually after that, the department shall submit a report to the appropriate standing committees of the legislature under
s. 13.172 (3) describing the information collected under this subdivision, specifically any information indicating that a caregiver specified in
sub. (1) (ag) 1. b. is ineligible under
sub. (4m) (a) to be licensed under
s. 48.65 to operate a child care center, certified under
s. 48.651 as a child care provider, or contracted under
s. 120.13 (14) to operate a child care center, and describing any action taken in response to the receipt of information under this subdivision indicating that such a caregiver is so ineligible.
48.685(3)(am)2.
2. Every year or at any time within that period that the department, a county department, an agency contracted with under
s. 48.651 (2), or a school board considers appropriate, the department, county department, contracted agency, or school board shall request the information specified in
sub. (2) (am) 1. to
5. and
(ar) for all persons who are nonclient residents of a caregiver specified in
sub. (1) (ag) 1. b. and for all persons under 18 years of age, but not under 12 years of age, who are caregivers specified in
sub. (1) (ag) 1. a. of such a caregiver.
48.685(3)(b)
(b) Subject to
par. (bm), every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in
sub. (2) (b) 1. a. to
e. for all persons who are caregivers specified in
sub. (1) (ag) 1. a. or
am. of the entity and for all nonclient residents of a caregiver specified in
sub. (1) (ag) 1. am. of the entity.
48.685 Note
NOTE: Par. (b) is shown as affected by
2011 Wis. Acts 87 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.685(3)(bm)
(bm) Every year or at any time within that period that a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or a child care provider that is certified under
s. 48.651 considers appropriate, the child care center or child care provider shall request the information specified in
sub. (2) (b) 1. a. to
e. and
2. for all persons who are caregivers specified in
sub. (1) (ag) 1. a. of the child care center or child care provider who are 18 years of age or over.
48.685(3m)
(3m) Notwithstanding
subs. (2) (b) 1. and
(3) (b), if the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board has obtained the information required under
sub. (2) (am) or
(3) (a) or
(am) with respect to a person who is a caregiver specified in
sub. (1) (ag) 1. b. and that person is also an employee, contractor, or nonclient resident of an entity, the entity is not required to obtain the information specified in
sub. (2) (b) 1. or
(3) (b) with respect to that person.
48.685(4)
(4) An entity that violates
sub. (2),
(3) or
(4m) (b) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
48.685(4m)(a)(a) Notwithstanding
s. 111.335, and except as provided in
par. (ad) and
sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
s. 48.651 (2) may not certify a child care provider under
s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home under
s. 48.62, the department in a county having a population of 750,000 or more or a county department may not provide subsidized guardianship payments to an interim caretaker under
s. 48.623 (6), and a school board may not contract with a person under
s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:
48.685(4m)(a)1.
1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a child care center or for initial certification under
s. 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under
s. 120.13 (14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime or that the person 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 birthday.
48.685(4m)(a)3.
3. That a unit of government or a state agency, as defined in
s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
48.685(4m)(a)5.
5. That, in the case of a position for which the person must be credentialed by the department of safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.
48.685(4m)(ad)
(ad) The department, a county department, or a child welfare agency may license a foster home under
s. 48.62; the department may license a child care center under
s. 48.65; the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
s. 48.651 (2) may certify a child care provider under
s. 48.651;the department in a county having a population of 750,000 or more or a county department may provide subsidized guardianship payments to an interim caretaker under
s. 48.623 (6); and a school board may contract with a person under
s. 120.13 (14), conditioned on the receipt of the information specified in
sub. (2) (am) and
(ar) indicating that the person is not ineligible to be licensed, certified, provided payments, or contracted with for a reason specified in
par. (a) 1. to
5.
48.685(4m)(b)
(b) Notwithstanding
s. 111.335, and except as provided in
sub. (5), an entity may not employ or contract with a caregiver specified in
sub. (1) (ag) 1. a. or
am. or permit a nonclient resident to reside at the entity or with a caregiver specified in
sub. (1) (ag) 1. am. of the entity if the entity knows or should have known any of the following:
48.685(4m)(b)1.
1. That the person has been convicted of a serious crime or, if the person is a caregiver or nonclient resident of a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a child care provider that is certified under
s. 48.651, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime or that the person 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 birthday.
48.685(4m)(b)3.
3. That a unit of government or a state agency, as defined in
s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
48.685(4m)(b)5.
5. That, in the case of a position for which the person must be credentialed by the department of safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.
48.685(4m)(c)
(c) If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in
par. (b) 1. to
5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under
sub. (2) (am) or
(b) 1. If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity or with a caregiver specified in
sub. (1) (ag) 1. am. for a reason specified in
par. (b) 1. to
5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity or with that caregiver for any of those reasons, the entity may permit the person to reside at the entity or with the caregiver for not more than 60 days pending receipt of the information sought under
sub. (2) (am) or
(b) 1. An entity shall provide supervision for a person who is employed, contracted with, or permitted to reside as permitted under this paragraph.
48.685(5)(a)(a) Subject to
pars. (bm) and
(br), the department may license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
s. 48.651 (2) may certify under
s. 48.651, a county department or a child welfare agency may license under
s. 48.62, the department in a county having a population of 750,000 or more or a county department may provide subsidized guardianship payments under
s. 48.623 (6), 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
5., and an entity may employ, contract with, or permit to reside at the entity or permit to reside with a caregiver specified in
sub. (1) (ag) 1. am. of the entity a person who otherwise may not be employed, provided payments, contracted with, or permitted to reside at the entity or with that caregiver for a reason specified in
sub. (4m) (b) 1. to
5., if the person demonstrates to the department, the county department, the contracted agency, the child welfare agency, or the school board or, in the case of an entity 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.
48.685 Note
NOTE: Par. (a) is shown as affected by
2011 Wis. Acts 32 and
87 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.685(5)(bm)
(bm) For purposes of licensing a foster home for the placement of a child on whose behalf foster care maintenance payments under
s. 48.62 (4) will be provided or of providing subsidized guardianship payments to an interim caretaker under
s. 48.623 (6), no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
48.685(5)(bm)3.
3. A violation of s.
943.23 (1m) or
(1r), 1999 stats., or of
s. 940.01,
940.02,
940.03,
940.05,
940.06,
940.21,
940.225 (1),
(2) or
(3),
940.23,
940.305,
940.31,
941.20 (2) or
(3),
941.21,
943.10 (2),
943.23 (1g) or
943.32 (2).
48.685(5)(bm)4.
4. A violation of s.
940.19 (3), 1999 stats., or of
s. 125.075 (1),
125.085 (3) (a) 2.,
125.105 (2) (b),
125.66 (3),
125.68 (12),
940.09,
940.19 (2),
(4),
(5), or
(6),
940.20,
940.203,
940.205,
940.207, or
940.25, a violation of
s. 346.63 (1),
(2),
(5), or
(6) that is a felony under
s. 346.65 (2) (am) 5.,
6., or
7., or
(f),
(2j) (d), or
(3m), or an offense under
ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under
sub. (2) (am).
48.685(5)(br)
(br) For purposes of licensing a person to operate a child care center under
s. 48.65, certifying a child care provider under
s. 48.651, or contracting with a person under
s. 120.13 (14) to operate a child care center or of permitting a person to be a nonclient resident or caregiver specified in
sub. (1) (ag) 1. a. of a child care center or child care provider, no person who has been convicted or adjudicated delinquent on or after his or her 12th birthday for committing any of the following offenses or who is the subject of a pending criminal charge or delinquency petition alleging that the person has committed any of the following offenses on or after his or her 12th birthday may be permitted to demonstrate that he or she has been rehabilitated:
48.685(5)(br)3.
3. A violation of
s. 940.01,
940.02,
940.03,
940.05,
940.06,
940.21,
940.225 (1),
(2), or
(3),
940.23,
940.305,
940.31,
941.20 (2) or
(3),
941.21,
943.10 (2), or
943.32 (2).
48.685(5)(br)3m.
3m. Except for purposes of permitting a person to be a nonclient resident or caregiver specified in
sub. (1) (ag) 1. a. of a child care center or child care provider, a violation of
s. 943.201,
943.203,
943.32 (2), or
943.38 (1) or
(2); a violation of
s. 943.34 (1),
943.395 (1),
943.41 (3) (e),
(4) (a),
(5),
(6), or
(6m),
943.45 (1),
943.455 (2),
943.46 (2),
943.47 (2),
943.50 (1m), or
943.70 (2) (a) or
(am) or
(3) (a) that is a felony; or an offense under
subch. IV of ch. 943 that is a felony.
48.685(5)(br)4.
4. A violation of
sub. (2),
(3),
(4m) (b), or
(6), if the violation involves the provision of false information to or the intentional withholding of information from the department, a county department, an agency contracting under
s. 48.651 (2), a school board, or an entity.
48.685(5)(br)5.
5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under
ss. 49.141 to
49.161, including as a recipient of a child care subsidy under
s. 49.155, or as a recipient of aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV of ch. 49, food stamps benefits under the food stamp program under
7 USC 2011 to
2036, supplemental security income payments under
s. 49.77, payments for the support of children of supplemental security income recipients under
s. 49.775, or health care benefits under the Badger Care health care program under
s. 49.665.
48.685(5)(br)6.
6. A violation of
s. 125.075 (1),
125.085 (3) (a) 2.,
125.105 (2) (b),
125.66 (3),
125.68 (12),
940.09,
940.19 (2),
(4),
(5), or
(6),
940.20,
940.203,
940.205,
940.207,
940.25, or
943.23 (1g), a violation of
s. 948.51 (2) that is a felony under
s. 948.51 (3) (b) or
(c), a violation of
s. 346.63 (1),
(2),
(5), or
(6) that is a felony under
s. 346.65 (2) (am) 5.,
6., or
7., or
(f),
(2j) (d), or
(3m), or an offense under
ch. 961 that is a felony, if the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less than 5 years before the date of the investigation under
sub. (2) (am) or
(b) 1.
48.685(5)(br)7.
7. A violation of
s. 948.22 (2), if the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less than 5 years before the date of the investigation under
sub. (2) (am) or
(b) 1., unless the person has paid all arrearages due and is meeting his or her current support obligations.
48.685(5c)(a)(a) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the department, an agency contracted with under
s. 48.651 (2), or a child welfare agency 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.
48.685(5c)(b)
(b) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the county department 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.
48.685(5c)(c)
(c) Any person who is permitted but fails under
sub. (5) (a) to demonstrate to the 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.
48.685(5d)(a)(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:
48.685(5d)(a)1.
1. The criteria to be used to determine if a person has been rehabilitated.
48.685(5d)(a)2.
2. The title of the person or body designated by the Indian tribe to whom a request for review must be made.
48.685(5d)(a)3.
3. The title of the person or body designated by the Indian tribe to determine whether a person has been rehabilitated.
48.685(5d)(a)3m.
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.
48.685(5d)(a)4.
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).
48.685(5d)(a)5.
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.
48.685(5d)(b)
(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.
48.685(5g)
(5g) Beginning on January 1 1999, and annually thereafter, 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.
48.685(5m)
(5m) Notwithstanding
s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home under
s. 48.62, the department in a county having a population of 750,000 or more or a county department may refuse to provide subsidized guardianship payments to a person under
s. 48.623 (6), and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity or with a caregiver specified in
sub. (1) (ag) 1. am. of the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. 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 500,000 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 center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or a child care provider that is certified under
s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the child care center or child care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board, child care center, or child care provider, substantially related to the care of a client.
48.685 Note
NOTE: Sub. (5m) is shown as affected by
2011 Wis. Acts 32 and
87 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.685(6)(a)(a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
s. 48.651 (2) shall require any child care provider who applies for initial certification under
s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home under
s. 48.62, the department in a county having a population of 750,000 or more or a county department shall require any person who applies for subsidized guardianship payments under
s. 48.623 (6), and a school board shall require any person who proposes to contract with the school board under
s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
48.685(6)(am)
(am) Except as provided in this paragraph, every 4 years an entity shall require all of its caregivers and all nonclient residents of the entity or of a caregiver specified in
sub. (1) (ag) 1. am. of the entity to complete a background information form that is provided to the entity by the department. Every year a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or a child care provider that is certified under
s. 48.651 shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the child care center or child care provider by the department.
48.685 Note
NOTE: Par. (am) is shown as affected by
2011 Wis. Acts 87 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
48.685(6)(b)1.1. For caregivers who are licensed by the department, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14) or of a child care provider that is certified under
s. 48.651, for persons who are nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.
48.685(6)(b)2.
2. For caregivers who are licensed or certified by a county department or an agency contracted with under
s. 48.651 (2), for persons who are nonclient residents of an entity that is licensed or certified by a county department or an agency contracted with under
s. 48.651 (2), and for other persons specified by the department by rule, the entity shall send the background information form to the county department or contracted agency.
48.685(6)(b)3.
3. For caregivers who are licensed by a child welfare agency, for persons who are nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency.
48.685(6)(b)4.
4. For caregivers who are contracted with by a school board, for persons who are nonclient residents of an entity that is contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board.
48.685(6)(c)
(c) A person who provides false information on a background information form required under this subsection may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
48.685(7)
(7) The department shall do all of the following:
48.685(7)(c)
(c) Conduct throughout the state periodic training sessions that cover 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.
48.685(7)(d)
(d) Provide a background information form that requires the person completing the form to include his or her date of birth on the form.
48.685(8)
(8) The department, the department of health services, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board may charge a fee for obtaining the information required under
sub. (2) (am),
(ar), or
(3) (a) or
(am) or for providing information to an entity to enable the entity to comply with
sub. (2) (b) 1. or
(3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse aide, as defined in
s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.
48.685 History
History: 1997 a. 27,
237,
281;
1999 a. 9,
32,
56,
185,
186;
2001 a. 109;
2003 a. 321;
2005 a. 149,
184,
277;
2007 a. 20 ss.
1346 to
1358,
9121 (6) (a);
2007 a. 97,
111,
116,
130,
153;
2009 a. 28,
76,
94,
185;
2011 a. 32,
35,
87,
258; s. 13.92 (2) (i).
48.685 Cross-reference
Cross-reference: See also ch.
DHS 12, Wis. adm. code.
48.685 Annotation
Before being permanently prohibited from obtaining a group childcare license because she had been, nearly two decades earlier, convicted of offenses relating to food stamps and public assistance, the appellant was entitled to a hearing because the fact that she was convicted under the statutes noted in the record did not, without further factual development, prove fraudulent activity, placing the appellant under sub. (5) (br) 5.'s permanent bar. Jamerson v. Department of Children & Families,
2012 WI App 32,
340 Wis. 2d 215,
813 N.W.2d 221,
11-0593.
48.685 Annotation
Wisconsin's caregiver law, as enforced in this case under sub. (5) (br) 5., is constitutional. The caregiver law did not violate the petitioner's due process rights because the state provided adequate post-deprivation remedies. Petitioner's equal protection claim failed because the law does pass the rational basis test. Regardless of whether the law is rationally related to the goal of protecting children, the law is rationally related to the legitimate purpose of prohibiting individuals who dishonestly benefitted from government welfare in the past from obtaining government funding in the form of childcare subsidies. Brown v. Department of Children and Families,
2012 WI App 61, ___ Wis. 2d ___, ___ N.W.2d ___,
11-1350.
48.69
48.69
Probationary licenses. Except as provided under
s. 48.715 (6) and
(7), if any child welfare agency, shelter care facility, group home, or child care center that has not been previously issued a license under
s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under
s. 48.67, and pays the applicable fee referred to in
s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home, or child care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under
s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home, or child care center holding the probationary license and, except as provided under
s. 48.715 (6) and
(7), if the child welfare agency, shelter care facility, group home, or child care center meets the minimum requirements for a license established under
s. 48.67, the department shall issue a license under
s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.
