AB56: Bill Text

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

AB56,507,9 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.

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

AB56,507,22 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:

AB56,580 Section 580. 48.686 (4m) (a) 1. of the statutes is amended to read:

AB56,508,3 48.686 (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.

AB56,581 Section 581. 48.686 (4m) (a) 2. of the statutes is created to read:

AB56,508,6 48.686 (4m) (a) 2. That the person is registered or is required to be registered on a state sex offender registry or repository or the national sex offender registry.

AB56,582 Section 582. 48.686 (4m) (a) 5. of the statutes is amended to read:

AB56,508,12 48.686 (4m) (a) 5. That the department has determined the person ineligible to be licensed receive an approval to operate a child care center under s. 48.65, to be certified to operate a child care provider under s. 48.651, to contract with a school board under s. 120.13 (14) program, to be employed as a caregiver at by a child care program, or to be a nonclient resident at household member of a child care program.

AB56,583 Section 583 . 48.686 (4m) (a) 6. of the statutes is amended to read:

AB56,508,17 48.686 (4m) (a) 6. That the person has refused to provide information under sub. (2) (ag), or that the person refused to participate in, cooperate with, or submit required information for the criminal background check described in sub. (2) (am), including fingerprints.

AB56,584 Section 584 . 48.686 (4m) (a) 7. of the statutes is amended to read:

AB56,508,21 48.686 (4m) (a) 7. That the person knowingly made a materially false statement in connection with the person's criminal background check described in sub. (2).

AB56,585 Section 585 . 48.686 (4m) (a) 8. of the statutes is amended to read:

AB56,508,25 48.686 (4m) (a) 8. That the person knowingly omitted material information requested in connection with the person's criminal background check conducted under sub. (2).

AB56,586 Section 586. 48.686 (4m) (ad) of the statutes is amended to read:

AB56,509,9 48.686 (4m) (ad) The department A licensing entity may license issue an approval 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 certify a child care provider under s. 48.651; and a school board may contract with a person under s. 120.13 (14), program to a person conditioned on the receipt of the information specified in sub. (4p) (a) indicating that the person is not ineligible to be so licensed, certified, or contracted with for a reason specified in par. (a) 1. to 8.

AB56,587 Section 587. 48.686 (4m) (c) of the statutes is amended to read:

AB56,509,22 48.686 (4m) (c) A child care program may employ or contract with a potential caregiver or noncaregiver employee or permit a potential nonclient resident household member to reside at the child care program for up to 45 days from the date a background check request is submitted to the department pending the completion of the department's report under sub. (4p) (a) if the department provides a preliminary report under sub. (4p) (c) to the child care program indicating that the potential caregiver or nonclient resident individual is not ineligible to work or reside at a child care program. At all times that children in care clients of a child care program are present, an individual who received a qualifying result on a background check described in sub. (2) (am) within the past 5 years must supervise a potential employee caregiver, noncaregiver employee, or nonclient resident household member permitted to work or reside at the child care program under this paragraph.

AB56,588 Section 588 . 48.686 (4p) (a) of the statutes is amended to read:

AB56,510,3 48.686 (4p) (a) The department shall provide the results of the criminal background check to the child care program in a written report that indicates only that the individual on whom the background check was conducted is eligible or ineligible for employment or to reside at the child care program, without revealing any disqualifying crime offense or other information regarding the individual.

AB56,589 Section 589 . 48.686 (4p) (b) of the statutes is amended to read:

AB56,510,11 48.686 (4p) (b) The department shall provide the results of the criminal background check to the individual on whom the background check was conducted in a written report that indicates whether the individual is eligible or ineligible for employment or to reside at the child care program. If the individual is ineligible for employment or to reside at the child care program, the department's report shall include information on each disqualifying crime offense and information on the right to appeal.

AB56,590 Section 590. 48.686 (4p) (c) of the statutes is amended to read:

AB56,510,24 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.

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

AB56,511,3 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.

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

AB56,511,9 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.

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

AB56,511,16 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.

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

AB56,511,19 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.

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

AB56,512,2 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.

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

AB56,512,6 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:

AB56,512,8 1. An investigation under sub. (2) (am) indicates that sub. (4m) (a) 2., 3., or 4. applies to the person.

AB56,512,15 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).

AB56,512,19 (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.

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

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

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

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

AB56,513,4 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.

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

AB56,513,20 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.

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

AB56,514,2 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.

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

AB56,514,16 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.

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

AB56,515,4 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.

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

AB56,515,10 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 under s. 48.685 of an adult congregate care worker, as defined in s. 48.685 (1) (ap).

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

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

AB56,515,15 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.

AB56,608 Section 608. 49.141 (1) (n) of the statutes is renumbered 49.141 (1) (Lm) and amended to read:

AB56,515,20 49.141 (1) (Lm) “Trial employment match program job “Subsidized employment placement" means a work component of Wisconsin Works administered under s. 49.147 (3).

AB56,609 Section 609. 49.143 (2r) of the statutes is amended to read:

AB56,515,25 49.143 (2r) Job programs. A Wisconsin Works agency shall collaborate with the local workforce development board to connect individuals seeking employment with employment opportunities, including the trial employment match program subsidized employment placement under s. 49.147 (3).

AB56,610 Section 610. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:

AB56,516,7 49.145 (2) (n) 1. (intro.) Except as provided in subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin Works group has participated in, or has received benefits under, any of the following or any combination of the following does not exceed 48 60 months, whether or not consecutive:

AB56,611 Section 611. 49.145 (2) (n) 1. a. of the statutes is amended to read:

AB56,516,11 49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program counts toward the 48 60-month limit.

AB56,612 Section 612. 49.147 (1m) (b) of the statutes is amended to read:

AB56,516,20 49.147 (1m) (b) If the Wisconsin Works agency determines that the appropriate placement for an individual is in unsubsidized employment or a trial employment match program job subsidized employment placement and that the individual needs and wishes to pursue basic education, including a course of study meeting the standards established under s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, the Wisconsin Works agency shall pay for the basic education services identified in the employability plan developed for the individual.

AB56,613 Section 613. 49.147 (2) (am) 2. of the statutes is amended to read:

AB56,517,3 49.147 (2) (am) 2. A Wisconsin Works agency shall, every 30 days, review the provision of case management services to an individual under this paragraph, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual should be placed in a trial employment match program job subsidized employment placement, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process under this subdivision.

AB56,614 Section 614. 49.147 (3) (title) of the statutes is amended to read:

AB56,517,5 49.147 (3) (title) Trial Subsidized employment match program placement.

AB56,615 Section 615. 49.147 (3) (a) of the statutes is amended to read:

AB56,517,15 49.147 (3) (a) Administration. A Wisconsin Works agency shall administer a trial employment match program subsidized employment placement as part of its administration of the Wisconsin Works program to improve the employability of individuals who otherwise are not able to obtain unsubsidized employment, as determined by the Wisconsin Works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin Works agency shall give priority to placement under this subsection over placements under subs. (4) and (5).

AB56,616 Section 616. 49.147 (3) (ac) (intro.) of the statutes is amended to read:

AB56,518,4 49.147 (3) (ac) Employer subsidies and reimbursements. (intro.) The Wisconsin Works agency shall pay to an employer that employs a participant under this subsection a wage subsidy in an amount that is negotiated between the Wisconsin Works agency and the employer but that is not more than the state or federal minimum wage that applies to the participant. The wage subsidy shall be paid for each hour that the participant actually works, up to a maximum of 40 hours number of hours per week, as negotiated between the Wisconsin Works agency and the employer. The employer shall pay the participant any difference between the wage subsidy amount and the participant's wage and must pay the participant at least minimum wage. In addition to paying the wage subsidy, the Wisconsin Works agency may, as negotiated between the Wisconsin Works agency and the employer, reimburse the employer for all or a portion of other costs that are attributable to the employment of the participant, including any of the following:

AB56,617 Section 617. 49.147 (3) (am) of the statutes is amended to read:

AB56,518,9 49.147 (3) (am) Education or training activities. A trial employment match program job subsidized employment placement includes education and training activities, as prescribed by the employer as an integral part of work performed in trial employment match program the subsidized employment placement.

AB56,618 Section 618. 49.147 (3) (c) of the statutes is amended to read:

AB56,518,23 49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial employment match program job subsidized employment placement for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin Works agency. A participant may participate in more than one trial employment match program job subsidized employment placement, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin Works agency and approved by the department.

AB56,619 Section 619. 49.147 (4) (a) of the statutes is amended to read:

AB56,519,14 49.147 (4) (a) Administration. A Wisconsin Works agency shall administer a community service job program as part of its administration of Wisconsin Works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin Works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial employment match program job subsidized employment placement. In determining an appropriate placement for a participant, a Wisconsin Works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. After each 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin Works agency shall reassess the individual's employability.

AB56,620 Section 620. 49.147 (4) (as) of the statutes is amended to read:

AB56,519,24 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin Works agency to be appropriate for the participant at the time of application or review and may require a participant to participate in education or training activities for not more than 10 hours per week, except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

AB56,621 Section 621. 49.147 (4) (b) of the statutes is amended to read:

AB56,520,15 49.147 (4) (b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job , but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin Works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin Works agency and approved by the department, and if the Wisconsin Works agency determines, and the department agrees, that no trial employment match program job opportunities are available in the specified local labor market.