Amendment ASA1-AB56

AB56-ASA1,336,12 48.686 (4p) (c) Before the department completes its report under par. (a), a caregiver under sub. (1) (ag) 2. may submit a written request to the department for a preliminary report indicating whether a potential caregiver, noncaregiver employee, or nonclient resident household member is eligible to work or reside at a child care program under sub. (4m) (c). If the department receives such a request, it shall provide a written preliminary report to that caregiver indicating whether the individual is barred from employment as a caregiver working or residence as a nonclient resident residing at a child care program on the basis of a background check under sub. (2) (am) 1. or 7. If the individual is ineligible for employment or residence to work or reside at a child care program based on the results of the preliminary report, the department shall also provide a preliminary report to the individual containing information related to each disqualifying crime offense.

AB56-ASA1,591 Section 591 . 48.686 (4p) (d) of the statutes is amended to read:

AB56-ASA1,336,16 48.686 (4p) (d) The results of a report under par. (c) may not be appealed by the individual until receipt of the department's report under par. (b) following completion of all components of the criminal background check.

AB56-ASA1,592 Section 592 . 48.686 (4s) (a) of the statutes is amended to read:

AB56-ASA1,336,22 48.686 (4s) (a) An individual who is the subject of the department's report on the results of a criminal background check may appeal the department's decision. Only the person who is the subject of the department's report may appeal the department's decision. Neither the child care program nor any other person may appeal the department's decision.

AB56-ASA1,593 Section 593 . 48.686 (4s) (b) of the statutes is amended to read:

AB56-ASA1,337,4 48.686 (4s) (b) An appeal request shall be submitted to the department at the address, e-mail address, or fax number identified in the statement of appeal rights no later than 60 10 days after the date of the department's decision, unless the appellant requests, and the department grants, an extension for a specific amount of time prior to expiration of the 60 10 day appeal period. Extensions may be granted for good cause shown.

AB56-ASA1,594 Section 594 . 48.686 (4s) (f) of the statutes is amended to read:

AB56-ASA1,337,7 48.686 (4s) (f) The department shall sustain the results of its criminal background check report if supported by a preponderance of the available evidence.

AB56-ASA1,595 Section 595 . 48.686 (4s) (m) of the statutes is amended to read:

AB56-ASA1,337,15 48.686 (4s) (m) Notwithstanding s. 19.35, the department may not publicly release or disclose the results of any criminal individual background report it issues, except that the department may release aggregated data by crime as listed in sub. (1) (c) from criminal background check results so long as the data does not contain personally identifiable information. The department may disclose and use information obtained in conducting criminal background checks as necessary during an appeal or reconsideration under this subsection or for another lawful purpose.

AB56-ASA1,596 Section 596 . 48.686 (5) of the statutes is repealed and recreated to read:

AB56-ASA1,337,19 48.686 (5) (a) A person may have the opportunity to demonstrate his or her rehabilitation to the department or to a tribe authorized to conduct a rehabilitation review under sub. (5d) if any of the following apply:

AB56-ASA1,337,21 1. An investigation under sub. (2) (am) indicates that sub. (4m) (a) 2., 3., or 4. applies to the person.

AB56-ASA1,338,3 2. An investigation under sub. (2) (am) indicates that the person has been convicted or adjudicated delinquent of a serious crime as specified under sub. (1) (c) 9. or for a violation of the law of any other state or United States jurisdiction that would be a violation listed in sub. (1) (c) 9. if committed in this state, and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, more than 5 years before the date of the investigation under sub. (2) (am).

AB56-ASA1,338,7 (b) If the department or tribe determines that the person has demonstrated rehabilitation in accordance with procedures established by the department by rule or by the tribe and by clear and convincing evidence, the prohibition in sub. (4m) (a) does not apply.

AB56-ASA1,597 Section 597 . 48.686 (5c) (a) of the statutes is renumbered 48.686 (5c).

AB56-ASA1,598 Section 598 . 48.686 (5c) (b) of the statutes is repealed.

AB56-ASA1,599 Section 599 . 48.686 (5c) (c) of the statutes is repealed.

AB56-ASA1,600 Section 600 . 48.686 (5g) of the statutes is amended to read:

AB56-ASA1,338,17 48.686 (5g) On January 1 of each year, 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.

AB56-ASA1,601 Section 601 . 48.686 (5m) of the statutes is amended to read:

AB56-ASA1,339,8 48.686 (5m) Notwithstanding s. 111.335, the department a licensing entity may refuse to license a person issue an approval to operate a child care center, 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 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) program to a person, and a child care program may refuse to employ or contract with a caregiver or noncaregiver employee or permit a nonclient resident household member to reside at the child care program if the person has been convicted of or adjudicated delinquent on or after his or her 10th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, substantially related to the care of a client. The department shall notify the provider and the individual of the results of a substantially related determination pursuant to the process set forth in sub. (4p) for criminal background check determinations. The individual shall have the same appeal rights as set forth in sub. (4s), and the same appeal procedures apply.

AB56-ASA1,602 Section 602 . 48.686 (7) of the statutes is amended to read:

AB56-ASA1,339,14 48.686 (7) The department shall conduct throughout the state periodic training sessions that cover procedures and uses of criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.

AB56-ASA1,603 Section 603 . 48.715 (4g) (a) of the statutes is amended to read:

AB56-ASA1,340,3 48.715 (4g) (a) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child care center is convicted of a serious crime, as defined in s. 48.686 (1) (c), if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care center is convicted or adjudicated delinquent for committing a serious crime on or after his or her 10th birthday, or if the results of a criminal background check conducted under s. 48.686 indicate that the person, caregiver, or nonclient resident household member, or noncaregiver employee is not eligible to be licensed, certified, or employed, or permitted to reside at a child care program, the department shall revoke the license of the child care center immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.

AB56-ASA1,604 Section 604 . 48.715 (4g) (b) of the statutes is amended to read:

AB56-ASA1,340,16 48.715 (4g) (b) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child care center is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care center is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday, the department shall immediately suspend the license of the child care center until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be licensed to operate, work at, or reside at a child care center.

AB56-ASA1,605 Section 605 . 48.981 (7) (a) 4p. of the statutes is amended to read:

AB56-ASA1,340,22 48.981 (7) (a) 4p. A public or private agency in this state or any other state that is investigating a person for purposes of licensing the person to operate a foster home or placing a child for adoption in the home of the person or for the purposes of conducting a background investigation of an adult congregate care worker, as defined in s. 48.685 (1) (ap).

AB56-ASA1,606 Section 606 . 49.133 of the statutes is repealed.

AB56-ASA1,607 Section 607 . 49.1385 of the statutes is amended to read:

AB56-ASA1,341,3 49.1385 Grants for services for homeless and runaway youth. The department may award not more than $100,000 $400,000 in each fiscal year in grants to support programs that provide services for homeless and runaway youth.

AB56-ASA1,633 Section 633 . 49.155 (6) (b) of the statutes is amended to read:

AB56-ASA1,341,8 49.155 (6) (b) The department shall set maximum payment rates for Level I certified family child care providers certified under s. 48.651 (1) (a) for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 75 90 percent of the rates established under par. (a).

AB56-ASA1,634 Section 634 . 49.155 (6) (c) of the statutes is amended to read:

AB56-ASA1,341,13 49.155 (6) (c) The department shall set maximum payment rates for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 50 90 percent of the rates established under par. (a).

AB56-ASA1,635 Section 635 . 49.155 (7) (a) 1. of the statutes is amended to read:

AB56-ASA1,342,2 49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 10th birthday, as defined in s. 48.686 (1) (c), or if the department provides written notice under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident person is ineligible for certification, employment, or residence to operate, work at, or reside at the child care provider, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to allow payment to the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.

AB56-ASA1,636 Section 636 . 49.155 (7) (a) 2. of the statutes is amended to read:

AB56-ASA1,342,16 49.155 (7) (a) 2. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday, as defined in s. 48.686 (1) (c), the department or the county department under s. 46.215, 46.22, or 46.23 shall immediately suspend refuse to allow payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment operate, work at, or reside at the child care provider.

AB56-ASA1,637 Section 637 . 49.155 (7) (b) of the statutes is repealed and recreated to read:

AB56-ASA1,342,25 49.155 (7) (b) 1. If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider has been convicted or adjudicated delinquent for committing an offense that is not a serious crime, as defined in s. 48.686 (1) (c), but the department determines under s. 48.686 (5m) that the offense substantially relates to the care of children or the department determines that the offense substantially relates to the operation of a business, the department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to the child care provider for child care provided under this section.

AB56-ASA1,343,8 2. If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider is the subject of a pending criminal charge or delinquency petition for committing an offense that is not a serious crime, as defined in s. 48.686 (1) (c), but the department determines under s. 48.686 (5m) that the offense substantially relates to the care of children or the department determines that the offense substantially relates to the operation of a business, the department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to the child care provider for child care provided under this section.

AB56-ASA1,640m Section 640m. 49.163 (2) (am) 2. of the statutes is amended to read:

AB56-ASA1,343,12 49.163 (2) (am) 2. If over 24 25 years of age, be a biological or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

AB56-ASA1,643 Section 643 . 49.175 (1) (intro.) of the statutes is amended to read:

AB56-ASA1,343,17 49.175 (1) Allocation of funds. (intro.) Except as provided in subs. sub. (2) and (3), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (kp), the department shall allocate the following amounts for the following purposes:

AB56-ASA1,644 Section 644 . 49.175 (1) (a), (b), (c), (g), (i), (k), (n), (o), (p), (q), (qm), (r), (s), (t), (u), (v), (y) and (z) of the statutes are amended to read:

AB56-ASA1,343,22 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $42,500,000 $31,110,000 in fiscal year 2017-18 2019-20 and $44,625,000 $31,732,200 in fiscal year 2018-19 2020-21.

AB56-ASA1,344,2 (b) Wisconsin Works agency contracts; job access loans. For contracts with Wisconsin Works agencies under s. 49.143 and for job access loans under s. 49.147 (6), $52,000,000 $50,000,000 in fiscal year 2017-18 2019-20 and $54,600,000 $50,000,000 in fiscal year 2018-19 2020-21.

AB56-ASA1,344,5 (c) Case management incentive payments. For supplement payments to individuals under s. 49.255, $2,700,000 in fiscal year 2017-18 2019-20 and $2,700,000 in fiscal year 2018-19 2020-21.

AB56-ASA1,344,9 (g) State administration of public assistance programs and overpayment collections. For state administration of public assistance programs and the collection of public assistance overpayments, $15,987,000 $16,671,200 in fiscal year 2017-18 2019-20 and $15,902,900 $17,268,300 in fiscal year 2018-19 2020-21.

AB56-ASA1,344,12 (i) Emergency assistance. For emergency assistance under s. 49.138 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $7,000,000 $6,000,000 in each fiscal year.

AB56-ASA1,344,16 (k) Transform Milwaukee and Transitional Jobs programs. For contract costs under the Transform Milwaukee Jobs program and the Transitional Jobs program under s. 49.163, $7,000,000 $8,500,000 in fiscal year 2017-18 2019-20 and $8,000,000 $9,500,000 in fiscal year 2018-19 2020-21.

AB56-ASA1,344,20 (n) Fostering futures: connections count. For funding community connectors to interact with vulnerable families with young children and to connect families with formal and informal community support, $360,300 in fiscal year 2017-18 and $560,300 in fiscal year 2018-19 $560,300 in each fiscal year.

AB56-ASA1,344,22 (o) Evidence-based substance abuse prevention grants. For grants awarded under s. 48.545 (2) (c), $500,000 in each fiscal year 2018-19.

AB56-ASA1,344,25 (p) Direct child care services. For direct child care services under s. 49.155, $289,215,200 or 49.257, $357,097,500 in fiscal year 2017-18 2019-20 and $318,369,200 $365,700,400 in fiscal year 2018-19 2020-21.

AB56-ASA1,345,4 (q) Child care state administration and licensing activities. For state administration of child care programs under s. 49.155 and for child care licensing activities, $36,189,400 $40,152,100 in fiscal year 2017-18 2019-20 and $36,030,000 $41,555,200 in fiscal year 2018-19 2020-21.

AB56-ASA1,345,7 (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. ss. 49.155 (1g) and 49.257, $15,652,700 $16,532,900 in each fiscal year 2019-20 and $16,683,700 in fiscal year 2020-21.

AB56-ASA1,345,10 (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $26,938,000 $25,013,300 in each fiscal year.

AB56-ASA1,345,17 (s) Kinship care and long-term kinship care assistance. For kinship care and long-term kinship care payments under s. 48.57 (3m) (am) and (3n) (am), for assessments to determine eligibility for those payments, and for agreements under s. 48.57 (3t) with the governing bodies of Indian tribes for the administration of the kinship care and long-term kinship care programs within the boundaries of the reservations of those tribes, $22,012,100 $26,640,000 in fiscal year 2017-18 2019-20 and $22,741,200 $28,159,200 in fiscal year 2018-19 2020-21.

AB56-ASA1,346,2 (t) Safety and out-of-home placement services. For services provided to ensure the safety of children who the department or a county determines may remain at home if appropriate services are provided, and for services provided to families with children placed in out-of-home care, $6,282,500 $8,314,300 in fiscal year 2017-18 2019-20 and $7,314,300 $9,314,300 in fiscal year 2018-19 2020-21. To receive funding under this paragraph, a county shall match a percentage of the amount received that is equal to the percentage the county is required to match for a distribution under s. 48.563 (2) as specified by the schedule established by the department under s. 48.569 (1) (d).

AB56-ASA1,346,5 (u) Prevention services. For services to prevent child abuse or neglect, $5,289,600 in each fiscal year $5,789,600 in fiscal year 2019-20 and $6,789,600 in fiscal year 2020-21.

AB56-ASA1,346,8 (v) General education development. For general education development testing and preparation for individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq., $115,000 $175,000 in each fiscal year.

AB56-ASA1,346,11 (y) Offender reentry demonstration project. For the offender reentry demonstration project under s. 49.37 (1), $187,500 in fiscal year 2017-18 and $250,000 in fiscal year 2018-19 $250,000 in each fiscal year.

AB56-ASA1,347,4 (z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., focusing on study habits, intensive tutoring in math and English, and exposure to career options and role models, $1,275,000 $2,675,000 in each fiscal year. Grants provided under this paragraph may not be used by the grant recipient to replace funding for programs that are being funded, when the grant proceeds are received, with moneys other than those from the appropriations specified in sub. (1) (intro.). The total amount of the grants includes funds for the Green Bay Boys and Girls Clubs for the BE GREAT: Graduate program in the amount of matching funds that the program provides, up to $75,000 $1,400,000 in each fiscal year, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used. The total amount of the grants also includes funds to be equally distributed among the Milwaukee, Oshkosh, and Appleton Boys and Girls Clubs for the BE GREAT: Graduate program in the amount of matching funds that the program provides, up to $100,000 in each fiscal year, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used.

AB56-ASA1,644c Section 644c. 49.175 (1) (fa) of the statutes is created to read:

AB56-ASA1,347,10 49.175 (1) (fa) Homeless case management services grants; additional funding. For grants to shelter facilities under s. 16.3085, $500,000 in fiscal year 2019-20 and $500,000 in fiscal year 2020-21. All moneys allocated under this paragraph shall be credited to the appropriation account under s. 20.865 (4) (g) for the purpose of supplementing the appropriation under s. 20.505 (7) (kg).

AB56-ASA1,648 Section 648 . 49.257 of the statutes is created to read:

AB56-ASA1,347,13 49.257 Milwaukee child care grant program. (1) In this section, “child care provider” has the meaning given in s. 49.155 (1) (ag).

AB56-ASA1,347,22 (2) From the allocation under s. 49.175 (1) (p), the department may award grants to child care providers to support access to high-quality child care for families that reside in a geographic area with high-poverty levels, as identified by the department, in the city of Milwaukee. A grant under this section may be used for start-up costs, ongoing operational costs, including subsidy payments for eligible families, and quality improvement activities. A child care provider that is awarded a grant under this subsection shall contribute matching funds equal to 25 percent of the amount awarded. The matching contribution may be in the form of money or in-kind goods or services.

AB56-ASA1,347,25 (3) From the allocation under s. 49.175 (1) (qm), the department may award grants to any of the following to improve overall child care quality in the geographic area identified under sub. (2):

AB56-ASA1,348,1 (a) Child care providers and employees of child care providers.

AB56-ASA1,348,3 (b) Educational institutions for the purpose of educating employees of child care providers.

AB56-ASA1,650m Section 650m. 49.36 (7) of the statutes is amended to read:

AB56-ASA1,348,10 49.36 (7) The department shall pay a county, tribal governing body, or Wisconsin works agency not more than $400 $800 for each person who participates in the program under this section in the region in which the county, tribal governing body, or Wisconsin works agency administers the program under this section. The county, tribal governing body, or Wisconsin works agency shall pay any additional costs of the program.

AB56-ASA1,651 Section 651 . 49.45 (2) (a) 23. of the statutes is amended to read:

AB56-ASA1,348,15 49.45 (2) (a) 23. Promulgate rules that define “supportive services", “personal services" and “nursing services" provided in a certified residential care apartment complex, as defined under s. 50.01 (6d), for purposes of reimbursement under ss. 46.27 (11) (c) 7. and s. 46.277 (5) (e).

AB56-ASA1,654 Section 654 . 49.45 (3) (a) of the statutes is amended to read:

AB56-ASA1,348,21 49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215, 46.22, and 46.23 for any administrative services performed in the Medical Assistance program on the basis of s. 49.78 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the Medical Assistance program.

AB56-ASA1,659 Section 659 . 49.45 (3p) (a) of the statutes is amended to read:

AB56-ASA1,349,11 49.45 (3p) (a) Subject to par. (c) and notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (4) (b) and (o), in each fiscal year, the department shall pay to hospitals that would are not eligible for payments under sub. (3m) but that meet the criteria under sub. (3m) (a) except that the hospitals do not provide obstetric services 1. and 2. and that, in the most recent year for which information is available, charged at least 6 percent of overall charges for services to the Medical Assistance program for services provided to Medical Assistance recipients an amount equal to the sum of $250,000 $2,000,000, as the state share of payments, and the matching federal share of payments. The department may make a payment to a hospital under this subsection under a calculation method determined by the department that provides a fee-for-service supplemental payment that increases as the hospital's percentage of inpatient days for Medical Assistance recipients at the hospital the total amount of the hospital's overall charges for services that are charges to the Medical Assistance program increases.

AB56-ASA1,660 Section 660 . 49.45 (5) (a) of the statutes is amended to read:

AB56-ASA1,349,18 49.45 (5) (a) Any person whose application for medical assistance is denied or is not acted upon promptly or who believes that the payments made in the person's behalf have not been properly determined or that his or her eligibility has not been properly determined may file an appeal with the department pursuant to par. (b). Review is unavailable if the decision or failure to act arose more than 45 days before submission of the petition for a hearing, except as provided in par. (ag) or (ar).

AB56-ASA1,661 Section 661 . 49.45 (5) (ag) of the statutes is created to read:

AB56-ASA1,349,25 49.45 (5) (ag) A person shall request a hearing within 90 days of the date of receipt of a notice from a care management organization or managed care organization upholding its adverse benefit determination relating to any of the following or within 90 days of the date the care management organization or managed care organization failed to act on the contested matter within the time specified by the department:

AB56-ASA1,350,3 1. Denial or limited authorization of a requested services, including a determination based on the type or level of service, requirement for medical necessity, appropriateness, setting, or effectiveness of a covered benefit.