Amendment ASA1-AB56

AB56-ASA1,320,10 48.685 (1) (ap) “Congregate care worker” means an adult who works in a congregate care facility. “Congregate care worker” includes a person who has or is seeking a license to operate a congregate care facility and does not include an unpaid volunteer.

AB56-ASA1,538 Section 538 . 48.685 (1) (c) 2. of the statutes is amended to read:

AB56-ASA1,320,16 48.685 (1) (c) 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) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (2), 948.215, 948.30, or 948.53.

AB56-ASA1,539 Section 539 . 48.685 (2) (am) 5. of the statutes is amended to read:

AB56-ASA1,321,5 48.685 (2) (am) 5. Information maintained by the department of health services under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979 (1) (b) regarding any denial to the person of a license, or continuation or renewal of a license 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, or continuation or renewal of a license, payments, employment, a contract, or permission to reside as described in this subdivision, the department, a county department, or a child welfare agency need not obtain the information specified in subds. 1. to 4., and the department need not obtain a fingerprint-based background check under par. (ba).

AB56-ASA1,540 Section 540 . 48.685 (2) (b) (intro.) of the statutes is amended to read:

AB56-ASA1,321,11 48.685 (2) (b) (intro.) 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., and with respect to a congregate care worker, except a caregiver specified in sub. (1) (ag) 1. b., of the entity:

AB56-ASA1,541 Section 541 . 48.685 (2) (ba) of the statutes is created to read:

AB56-ASA1,321,19 48.685 (2) (ba) If the person who is the subject of the search under par. (am) or (b) is a congregate care worker, the department shall obtain a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A), unless the search has been terminated under par. (am) 5. or (b) 5m. The department, county department, or child welfare agency may release any information obtained under this paragraph only as permitted under 32 USC 20962 (e).

AB56-ASA1,542 Section 542 . 48.685 (2) (bb) of the statutes is amended to read:

AB56-ASA1,322,12 48.685 (2) (bb) If information obtained under par. (am) or, (b), or (ba) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, 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) , or (ba) does not indicate such a charge or conviction, the department, county department, child welfare agency, 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), or (ba), 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, child welfare agency, 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.

AB56-ASA1,543 Section 543 . 48.685 (2) (bg) of the statutes is amended to read:

AB56-ASA1,322,22 48.685 (2) (bg) If an entity employs or contracts with a caregiver or congregate care worker for whom, within the last year, the information required under par. (b) 1m. to 3m. and 5m. 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) 1m. to 3m. and 5m. 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) 1m. to 3m. and 5m.

AB56-ASA1,544 Section 544 . 48.685 (2) (bm) of the statutes is amended to read:

AB56-ASA1,323,17 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) is not a resident of this state, or if at any time within the 5 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, child welfare agency, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, 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 5 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1m. The department, county department, child welfare agency, 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. The department, county department, or child welfare agency may not use any information obtained under this paragraph for any purpose other than a search of the person's background under par. (am) or (b).

AB56-ASA1,545 Section 545 . 48.685 (2) (c) 1. of the statutes is amended to read:

AB56-ASA1,324,3 48.685 (2) (c) 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 34 USC 20962 (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 34 USC 20962 (e).

AB56-ASA1,546 Section 546 . 48.685 (2) (d) of the statutes is amended to read:

AB56-ASA1,324,8 48.685 (2) (d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver or congregate care worker under par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.

AB56-ASA1,547 Section 547 . 48.685 (3) (b) of the statutes is amended to read:

AB56-ASA1,324,14 48.685 (3) (b) 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) 1m. to 5m. 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 subject to sub. (2) (b).

AB56-ASA1,548 Section 548 . 48.685 (3) (c) of the statutes is created to read:

AB56-ASA1,324,18 48.685 (3) (c) Every 4 years or at any time within that period that the department considers appropriate, the department shall obtain the information specified in sub. (2) (ba) for all persons who are congregate care workers.

AB56-ASA1,549 Section 549 . 48.685 (4m) (a) 1. of the statutes is amended to read:

AB56-ASA1,324,24 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 10th 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 10th birthday.

AB56-ASA1,550 Section 550 . 48.685 (4m) (b) (intro.) of the statutes is amended to read:

AB56-ASA1,325,5 48.685 (4m) (b) (intro.) 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 a congregate care worker 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:

AB56-ASA1,551 Section 551 . 48.685 (4m) (b) 1. of the statutes is amended to read:

AB56-ASA1,325,11 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 10th 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 10th birthday.

AB56-ASA1,552 Section 552 . 48.685 (4m) (c) of the statutes is amended to read:

AB56-ASA1,326,2 48.685 (4m) (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 45 days pending the receipt of the information sought under sub. (2) (am) or (b) and (ba). 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 45 days pending receipt of the information sought under sub. (2) (am) or (b) and (ba). An entity shall provide supervision for a person who is employed, contracted with, or permitted to reside as permitted under this paragraph.

AB56-ASA1,553 Section 553 . 48.685 (4m) (d) of the statutes is amended to read:

AB56-ASA1,326,8 48.685 (4m) (d) If the department learns that a caregiver, congregate care worker, or nonclient resident is the subject of a pending investigation for a crime or offense that, under this subsection or sub. (5), could result in a bar to employment as a caregiver or residence being a caregiver, working, or residing at an entity, the department may notify the entity of the pending investigation.

AB56-ASA1,554 Section 554 . 48.685 (5m) of the statutes is amended to read:

AB56-ASA1,326,19 48.685 (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 congregate care worker 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.

AB56-ASA1,555 Section 555 . 48.685 (6) (am) of the statutes is amended to read:

AB56-ASA1,326,25 48.685 (6) (am) 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, congregate care workers, and nonclient residents of a caregiver specified in sub. (1) (ag) 1. am. to complete a background information form that is provided to the entity by the department.

AB56-ASA1,556 Section 556. 48.685 (8) of the statutes is amended to read:

AB56-ASA1,327,10 48.685 (8) The department, the department of health services, a county department, or a child welfare agency may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a), for providing information to an entity to enable the entity to comply with sub. (2) (b) or (3) (b), or for obtaining and submitting fingerprints under sub. (2) (ba) or (bm) or (3) (c). The fee may not exceed the reasonable cost of obtaining the information or of obtaining and submitting fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d), for obtaining or maintaining information or for obtaining and submitting fingerprints if to do so would be inconsistent with federal law.

AB56-ASA1,557 Section 557 . 48.686 (1) (ac) of the statutes is created to read:

AB56-ASA1,327,14 48.686 (1) (ac) “Approval” means a child care center license under s. 48.65, a child care provider certification under s. 48.651, or a contract with a child care provider under s. 120.13 (14).

AB56-ASA1,558 Section 558 . 48.686 (1) (ag) 1. (intro.) of the statutes is repealed.

AB56-ASA1,559 Section 559 . 48.686 (1) (ag) 1. a. of the statutes is renumbered 48.686 (1) (ag) 1. and amended to read:

AB56-ASA1,327,19 48.686 (1) (ag) 1. An employee or independent contractor of a child care program who is involved in the care or supervision of clients.

AB56-ASA1,560 Section 560 . 48.686 (1) (ag) 1. b. of the statutes is renumbered 48.686 (1) (ag) 1m. and amended to read:

AB56-ASA1,327,24 48.686 (1) (ag) 1m. Involved in the care or supervision of clients of a child care program or A person who has direct contact and unsupervised access to clients of a child care program.

AB56-ASA1,561 Section 561 . 48.686 (1) (ar) of the statutes is repealed.

AB56-ASA1,562 Section 562. 48.686 (1) (bm) of the statutes is amended to read:

AB56-ASA1,328,4 48.686 (1) (bm) “Nonclient resident” “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.

AB56-ASA1,563 Section 563 . 48.686 (1) (bo) of the statutes is created to read:

AB56-ASA1,328,6 48.686 (1) (bo) “Licensing entity” means all of the following:

AB56-ASA1,328,7 1. The department when licensing a child care center under s. 48.65.

AB56-ASA1,328,10 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.

AB56-ASA1,328,12 3. A school board when contracting with a child care provider under s. 120.13 (14).

AB56-ASA1,564 Section 564 . 48.686 (1) (bp) of the statutes is created to read:

AB56-ASA1,328,18 48.686 (1) (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.

AB56-ASA1,565 Section 565 . 48.686 (1) (c) 5. of the statutes is amended to read:

AB56-ASA1,328,23 48.686 (1) (c) 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), or 948.081, 948.21 (1) (a), 948.215, or 948.53 (2) (b) 1.

AB56-ASA1,566 Section 566 . 48.686 (1) (c) 9. of the statutes is amended to read:

AB56-ASA1,329,8 48.686 (1) (c) 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. 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) 4., 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).

AB56-ASA1,567 Section 567 . 48.686 (1) (c) 10. of the statutes is amended to read:

AB56-ASA1,329,14 48.686 (1) (c) 10. 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), unless the person has paid all arrearages due and is meeting his or her current support obligations.

AB56-ASA1,568 Section 568 . 48.686 (2) (a) of the statutes is amended to read:

AB56-ASA1,329,25 48.686 (2) (a) The department A licensing entity shall require any person who applies for issuance of an initial license approval to operate a child care center under s. 48.65, a school board shall require any person who proposes an initial contract with the school board under s. 120.13 (14), and the department in a county having a population of 750,000 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 program to submit the information required for a background check request under par. (ag). A 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.

AB56-ASA1,569 Section 569. 48.686 (2) (ab) of the statutes is amended to read:

AB56-ASA1,330,8 48.686 (2) (ab) Each child care program shall submit a request to the department for a criminal background check for each potential caregiver, noncaregiver employee, and potential nonclient resident household member prior to the date on which an individual becomes a caregiver, noncaregiver employee, or nonclient resident household member, and at least once during every 5-year period for each existing caregiver, noncaregiver employee, or nonclient resident household member, except if all of the following apply to the individual:

AB56-ASA1,330,12 1. The caregiver, potential caregiver, nonclient resident, or potential nonclient resident individual has received a background check as described in par. (am) while employed working or seeking employment by work with another child care program within the state within the last 5 years.

AB56-ASA1,330,15 2. The department provided to the child care program under subd. 1. a qualifying background check result for the caregiver, potential caregiver, nonclient resident, or potential nonclient resident individual.

AB56-ASA1,330,19 3. The caregiver, potential caregiver, nonclient resident, or potential nonclient resident is employed by individual works or resides at a child care program within the state or has been separated from employment work or residence at a child care program within the state for a period of not more than 180 consecutive days.

AB56-ASA1,570 Section 570 . 48.686 (2) (ag) 1. b. of the statutes is amended to read:

AB56-ASA1,330,22 48.686 (2) (ag) 1. b. Any additional information that the department deems necessary to perform the criminal background check.

AB56-ASA1,571 Section 571 . 48.686 (2) (ag) 2. of the statutes is amended to read:

AB56-ASA1,331,3 48.686 (2) (ag) 2. A request for a criminal background check is considered submitted on the day that the department receives all of the information required under subd. 1.

AB56-ASA1,572 Section 572 . 48.686 (2) (ag) 3. of the statutes is amended to read:

AB56-ASA1,331,8 48.686 (2) (ag) 3. The requester of a background check under this paragraph shall submit all fees required by the department pursuant to the instructions provided by the department, not to exceed the actual cost of conducting the criminal background check.

AB56-ASA1,573 Section 573 . 48.686 (2) (am) (intro.) of the statutes is amended to read:

AB56-ASA1,331,13 48.686 (2) (am) (intro.) Upon receipt of a request submitted under par. (a) or (ab), the department shall obtain all of the following with respect to a caregiver or a nonclient resident who is not under 10 years of age the individual who is the subject of the request:

AB56-ASA1,574 Section 574 . 48.686 (2) (am) 1. of the statutes is amended to read:

AB56-ASA1,331,16 48.686 (2) (am) 1. A fingerprint-based or name-based criminal history search from the records maintained by the department of justice.

AB56-ASA1,575 Section 575 . 48.686 (2) (am) 10. of the statutes is amended to read:

AB56-ASA1,331,19 48.686 (2) (am) 10. A search of the department's criminal background check records.

AB56-ASA1,576 Section 576 . 48.686 (2) (ar) of the statutes is amended to read:

AB56-ASA1,331,24 48.686 (2) (ar) After receiving a request under par. (a) or (ab), the department shall conduct the criminal background check as expeditiously as possible and shall make a good faith effort to complete all components of the criminal background check no later than 45 days after the date on which the request was submitted.

AB56-ASA1,577 Section 577 . 48.686 (2) (bd) of the statutes is amended to read:

AB56-ASA1,332,11 48.686 (2) (bd) Notwithstanding par. (am), the department is not required to obtain the information specified in par. (am) 1. to 10., with respect to a person household member under 18 years of age whose background check request under par. (ag) indicates that the person household member is not ineligible to be permitted to reside at a child care program for a reason specified in sub. (4m) (a) 1. to 8. and with respect to whom the department otherwise has no reason to believe that the person is ineligible to be permitted to reside at the child care program for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in par. (am) 1. to 10. with respect to a person household member described in this paragraph who is a nonclient resident or a potential nonclient resident of a child care program.

AB56-ASA1,578 Section 578 . 48.686 (3) (am) of the statutes is amended to read:

AB56-ASA1,332,20 48.686 (3) (am) Every year or at any time that the department considers appropriate, the department may request the information specified in sub. (2) (am) 1. to 5. for all caregivers under sub. (1) (ag) 2., nonclient residents of such a caregiver, and caregivers under sub. (1) (ag) 1. who have direct contact with clients. For the purposes of this paragraph, “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, noncaregiver employees, and household members.

AB56-ASA1,579 Section 579 . 48.686 (4m) (a) (intro.) of the statutes is amended to read:

AB56-ASA1,333,8 48.686 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department a licensing entity may not license, or continue or renew the license of, a person to operate a child care center under s. 48.65, the department in a county having a population of 750,000 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 school board may not contract with a person under s. 120.13 (14) issue an approval to operate a child care program to a person, and a child care program may not employ or contract with a caregiver specified in sub. (1) (ag) 1. or noncaregiver employee or permit a household member to reside at the child care program if the department, county department, contracted agency, school board, licensing entity or child care program knows or should have known any of the following: