48.66(2m)(a)1.1. Except as provided in
subd. 2., the department shall require each applicant for a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
48.66(2m)(a)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(am)1.1. Except as provided in
subd. 2., the department of corrections shall require each applicant for a license under
sub. (1) (b) to operate a secured residential care center for children and youth who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
48.66(2m)(am)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of corrections that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(b)
(b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, that department may not issue or continue a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (a) 2.
48.66(2m)(bm)
(bm) If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department may not issue or renew a license under
sub. (1) (b) to operate a secured residential care center for children and youth to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (am) 2.
48.66(2m)(c)
(c) The subunit of the department that obtains a social security number or a federal employer identification number under
par. (a) 1. may not disclose that information to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under
s. 108.227 or on the request of the subunit of the department that administers the child and spousal support program under
s. 49.22 (2m).
48.66(2m)(cm)
(cm) The department of corrections may not disclose any information obtained under
par. (am) 1. to any person except on the request of the department under
s. 49.22 (2m).
48.66(3)
(3) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
48.66(5)
(5) A child welfare agency, group home, child care center, or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under
s. 48.67 are met, the application is approved, the applicable fees referred to in
ss. 48.68 (1) and
48.685 (8) are paid, and any forfeiture under
s. 48.715 (3) (a) or penalty under
s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in
s. 48.715 (4) and
(4m) (b).
48.66 History
History: 1975 c. 307;
1977 c. 29,
271,
418,
447;
1979 c. 330;
1985 a. 176;
1993 a. 375 ss.
10,
12,
13;
1993 a. 377,
446,
491;
1995 a. 27,
77,
352;
1997 a. 27,
191,
205,
237;
1999 a. 9;
2005 a. 344;
2007 a. 20;
2009 a. 28,
185;
2013 a. 36.
48.66 Cross-reference
Cross-reference: See also ch.
DCF 57, Wis. adm. code.
48.67
48.67
Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of safety and professional services, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under
s. 48.62 (8). Those rules shall include rules that require all of the following:
48.67(1)
(1) That all child care center licensees, and all employees and volunteers of a child care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. The rules shall provide that any training in those methods that a licensee has obtained in connection with military service, as defined in
s. 111.32 (12g), counts toward satisfying the training requirement under this subsection if the licensee demonstrates to the satisfaction of the department that the training obtained in that connection is substantially equivalent to the training required under this subsection.
48.67(2)
(2) That all child care center licensees, and all employees and volunteers of a child care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under
s. 253.15 (4) (a) or
(c).
48.67(3)(a)(a) That all child care center licensees, and all employees of a child care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction or through instruction obtained by the licensee in connection with military service, as defined in
s. 111.32 (12g), if the licensee demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under
s. 46.03 (38).
48.67(3)(b)
(b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in
s. 111.32 (12g), if the staff member or group home demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under
s. 46.03 (38).
48.67(3)(c)
(c) That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in
s. 111.32 (12g), if the staff member or shelter care facility demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under
s. 46.03 (38), and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.
48.67(3)(d)
(d) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under
s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in
s. 111.32 (12g), if the staff member or child welfare agency demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under
s. 46.03 (38).
48.67(4)(a)(a) That all foster parents successfully complete training in the care and support needs of children who are placed in foster care that has been approved by the department. The training shall be completed on an ongoing basis, as determined by the department. The department shall promulgate rules prescribing the training that is required under this subsection and shall monitor compliance with this subsection according to those rules. The training shall include training in all of the following:
48.67(4)(a)1.
1. Parenting skills, including child development; infant care, if appropriate; the effects of trauma on children; communicating with children in an age-appropriate manner; and recognizing issues such as drug use or addiction or attachment disorder.
48.67(4)(a)2.
2. For foster parents caring for children 11 years of age or older, teaching and encouraging independent living skills, including budgeting, health and nutrition, and other skills to promote the child's long-term economic independence and well-being.
48.67(4)(a)3.
3. Issues that may confront the foster parents, in general, and that may confront the foster parents of children with special needs.
48.67(4)(a)6.
6. The availability of resources for foster parents in the local community.
48.67(4)(b)
(b) The training under
par. (a) shall be available to a kinship care relative, as defined in
s. 48.40 (1m), upon request of the kinship care relative.
48.67(4)(c)
(c) For a foster parent receiving an initial license, the training under
par. (a) shall be completed before the first child is placed with the foster parent.
48.67 History
History: 1975 c. 307;
1977 c. 29,
205,
271,
418,
447;
1979 c. 300;
1985 a. 176;
1993 a. 375,
446;
1995 a. 27 ss.
2599,
9116 (4),
9145 (1);
1997 a. 27;
2001 a. 16;
2005 a. 165;
2007 a. 104;
2009 a. 28,
180,
185,
336;
2011 a. 32,
120.
48.67 Cross-reference
Cross-reference: See also chs.
DCF 52,
56,
57,
59,
250,
251, and
252 Wis. adm. code.
48.68
48.68
Investigation of applicant; issuing of license. 48.68(1)(1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under
s. 48.67 and meets the requirements specified in
s. 48.685, if applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under
s. 48.615 (1) (a) or
(b),
48.625 (2) (a),
48.65 (3) (a), or
938.22 (7) (b), the department shall issue a license under
s. 48.66 (1) (a) or, if applicable, a probationary license under
s. 48.69 or, if applicable, shall continue a license under
s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the monthly foster care rates and supplemental payments specified in
s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.
48.68(2)
(2) Before continuing the license of any child welfare agency to operate a residential care center for children and youth or of any group home, the department shall consider all formal complaints filed under
s. 48.745 (2) and the disposition of each during the previous 2-year period.
48.68(3)
(3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency to operate a residential care center for children and youth or of a group home, the department shall notify the city, town, or village planning commission, or other appropriate city, town, or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards that may affect the health and safety of the residents of the residential care center for children and youth or group home. No license may be issued to a child welfare agency to operate a residential care center for children and youth or to a group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency.
48.68(4)
(4) Prior to initial licensure of a residential care center for children and youth operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential care center for children and youth or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential care center for children and youth or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential care center for children and youth or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.
48.68 Cross-reference
Cross-reference: See also ch.
DCF 56, Wis. adm. code.
48.685
48.685
Criminal history and child abuse record search. 48.685(1)(ag)1.a.
a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
48.685(1)(ag)1.am.
am. A person to whom delegation of the care and custody of a child under
s. 48.979 has been, or is expected to be, facilitated by an entity.
48.685(1)(ag)1.b.
b. A person who has, or is seeking, a license, certification or contract to operate an entity or who is receiving, or is seeking, payment under
s. 48.623 (6) for operating an entity.
48.685(1)(ag)2.
2. "Caregiver" does not include a person who is certified as an emergency medical technician under
s. 256.15 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under
s. 256.15 if the person is employed, or seeking employment, as a first responder.
48.685(1)(am)
(am) "Client" means a person who receives direct care or treatment services from an entity or from a caregiver specified in
par. (ag) 1. am.
48.685(1)(ar)
(ar) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity and a person to whom delegation of the care and custody of a child under
s. 48.979 has been facilitated by the entity.
48.685(1)(av)
(av) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
48.685(1)(b)
(b) "Entity" means a child welfare agency that is licensed under
s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under
s. 48.62; an interim caretaker to whom subsidized guardianship payments are made under
s. 48.623 (6); a group home that is licensed under
s. 48.625; a shelter care facility that is licensed under
s. 938.22; a child care center that is licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14); a child care provider that is certified under
s. 48.651; an organization that facilitates delegations of the care and custody of children under
s. 48.979; or a temporary employment agency that provides caregivers to another entity.
48.685(1)(bm)
(bm) "Nonclient resident" means a person who resides, or is expected to reside, at an entity or with a caregiver specified in
par. (ag) 1. am., who is not a client of the entity or caregiver, and who has, or is expected to have, regular, direct contact with clients of the entity or caregiver.
48.685(1)(br)
(br) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.
48.685(1)(c)
(c) "Serious crime" means any of the following:
48.685(1)(c)2.
2. A violation of
s. 940.01,
940.02,
940.03,
940.05,
940.12,
940.19 (2),
(4),
(5) or
(6),
940.22 (2) or
(3),
940.225 (1),
(2) or
(3),
940.285 (2),
940.29,
940.295,
942.09 (2),
948.02 (1) or
(2),
948.025,
948.03 (2),
948.05,
948.051,
948.055,
948.06,
948.07,
948.08,
948.085,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (1),
948.30, or
948.53.
48.685(1)(c)3m.
3m. 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 caregiver or nonclient resident of such a child care center or child care provider, any violation listed in
subds. 1. to
3. or
sub. (5) (br) 1. to
7.
48.685(1)(c)4.
4. A violation of the law of any other state or United States jurisdiction that would be a violation listed in
subd. 1.,
2.,
3., or
3m. if committed in this state.
48.685(2)(am)(am) The department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in
sub. (1) (ag) 1. b., a nonclient resident of an entity, and a 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:
48.685(2)(am)1.
1. A criminal history search from the records maintained by the department of justice.
48.685(2)(am)3.
3. Information maintained by the department of safety and professional services regarding the status of the person's credentials, if applicable.
48.685(2)(am)4.
4. Information maintained by the department regarding any final determination under
s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, any final decision under
s. 48.981 (3) (c) 5p. that the person has abused or neglected a child.
48.685(2)(am)5.
5. 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 subdivision 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 subdivision, the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board need not obtain the information specified in
subds. 1. to
4.
48.685(2)(ar)
(ar) In addition to obtaining the information specified in
par. (am) with respect to a person who has, or is seeking, a license to operate a child care center under
s. 48.65, certification as a child care provider under
s. 48.651, or a contract under
s. 120.13 (14) to operate a child care center, a nonclient resident of such an entity, or a person under 18 years of age, but not under 12 years of age, who is a caregiver of such an entity, the department, a county department, an agency contracted with under
s. 48.651 (2), or a school board 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)1.1. Every entity shall obtain all of the following with respect to a caregiver specified in
sub. (1) (ag) 1. a. or
am. of the entity and with respect to a nonclient resident of a caregiver specified in
sub. (1) (ag) 1. am. of the entity:
48.685(2)(b)1.a.
a. A criminal history search from the records maintained by the department of justice.
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 final determination under
s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, any final decision under
s. 48.981 (3) (c) 5p. that the person has abused or neglected a child.
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(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, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies 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)(br)
(br) If the person who is the subject of a search under
par. (am) or
(b) 1. has, or is seeking, a license to operate a child care center under
s. 48.65, certification as a child care provider under
s. 48.651, or a contract under
s. 120.13 (14) to operate a child care program, or is an adult nonclient resident or caregiver of such an entity, and if the entity is receiving, or wishes to receive, payment under
s. 49.155 for providing child care services, the department, county department, agency contracted with under
s. 48.651 (2), or school board shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies, unless the person has previously been fingerprinted under this paragraph. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies 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.
