48.686(1)(bm)
(bm) “Household member" means a person who is age 10 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.
48.686(1)(bo)
(bo) “Licensing entity” means all of the following:
48.686(1)(bo)2.
2. The department in a county with a population of 750,000 or more, a county department, or an agency or Indian tribe contracted with under s.
48.651 (2) when certifying a child care provider under s.
48.651.
48.686(1)(bp)
(bp) “Noncaregiver employee” means a person who provides services to a child care program as an employee or a contractor and is not a caregiver, but whose work at the child care program provides the ability to move freely throughout the premises and opportunities for interactions with clients of the child care program.
48.686(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.
48.686(1)(c)
(c) “Serious crime" means any of the following:
48.686(1)(c)5.
5. 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,
943.02,
943.03,
943.04,
943.10 (2),
943.32 (2),
948.081,
948.21,
948.215, or
948.53 (2) (b) 1. 48.686(1)(c)6.
6. Only for a caregiver, as defined in par.
(ag) 2., a violation of s.
943.201,
943.203, 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.
48.686(1)(c)7.
7. A violation of sub.
(2) or s.
48.685 (2),
(3),
(4m) (b), or
(6), 2015 stats., 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 a child care program.
48.686(1)(c)8.
8. 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.
48.686(1)(c)9.
9. 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.
346.63 (1),
(2),
(5), or
(6) that is a felony under s.
346.65 (2) (am) 4.,
5.,
6., or
7. or
(f),
(2j) (d), or
(3m), or an offense under ch.
961 that is a felony.
48.686(1)(c)10.
10. A violation of s.
948.22 (2), unless the person has paid all arrearages due and is meeting his or her current support obligations.
48.686(1)(c)11.
11. A violation of the law of any other state or United States jurisdiction that would be a violation listed in subd.
1. to
10. if committed in this state.
48.686(1)(c)12.
12. A violation of the laws of another state or United States jurisdiction that if committed in this state would constitute felony battery under s.
940.19 (2),
(4),
(5), or
(6) or
940.20, a felony offense of domestic abuse, as defined in s.
813.12 (1) (am), a sex offense or a violent crime under ch.
948, or a violation of s.
940.225 if the victim was a child.
48.686(2)(a)(a) A licensing entity shall require any person who applies for an initial approval to operate a child care program to submit the information required for a background check request under par.
(ag). If the licensing entity is a school board, county department, or contracted agency or tribe, the licensing entity shall submit the completed background information request to the department.
48.686(2)(ab)
(ab) Each child care program shall submit a request to the department for a background check for each potential caregiver, noncaregiver employee, and household member prior to the date on which an individual becomes a caregiver, noncaregiver employee, or household member, and at least once during every 5-year period for each existing caregiver, noncaregiver employee, or household member, except if all of the following apply to the individual:
48.686(2)(ab)1.
1. The individual has received a background check as described in par.
(am) while working or seeking work with another child care program within the state within the last 5 years.
48.686(2)(ab)2.
2. The department provided to the child care program under subd.
1. a qualifying background check result for the individual.
48.686(2)(ab)3.
3. The individual works or resides at a child care program within the state or has been separated from work or residence at a child care program within the state for a period of not more than 180 consecutive days.
48.686(2)(ag)1.1. A request for a background check to the department under par.
(a) or
(ab) shall be in the manner and on forms prescribed by the department, and shall include all of the following:
48.686(2)(ag)1.a.
a. Fingerprints of the subject that meet the standards of the department.