SECTION 5. DCF 13.02 (15m) is created to read:
DCF 13.02 (15m) “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.
SECTION 6. DCF 13.02 (17) (b) and (19), as created by CR 19-089, are amended to read: DCF 13.02 (17) (b) Employment or contract with a child care program to be a caregiver or noncaregiver employee.
(19) “Role” means a person’s job as a caregiver or noncaregiver employee or a person’s status as a nonclient resident household member at a child care program.
SECTION 7. DCF 13.03 (2) (a) and (b), as created by CR 19-089, is amended to read: DCF 13.03 (2) Fingerprint searches. (a) Prior to working as a caregiver or noncaregiver employee or residing in a child care program, the subject of the background check shall submit fingerprints in a manner directed by the department.
(b) Every 5 years or as otherwise requested by the department, caregivers, noncaregiver employees, and nonclient residents household members shall resubmit fingerprints in a manner directed by the department and the information specified under sub. (1).
SECTION 8. DCF 13.05 (1) (title), (intro.), and (c) 5. and (2), as created by CR 19-089, are amended to read: DCF 13.05 (1) (title) and (intro.) Caregivers, noncaregiver employees, and nonclient residents household members. To determine whether a caregiver caregiver’s, noncaregiver employee’s, or nonclient resident’s household member’s conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a child or the activities of a child care program, the department shall consider all of the following:
(c) 5. If the person is a caregiver or noncaregiver employee, the person’s ability to perform or to continue to perform the role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.
(2) Documentation. The department shall document how it reached the determination under sub. (1) that the criminal conviction or delinquency adjudication of a caregiver, noncaregiver employee, or nonclient resident household member is or is not substantially related to the care of a child or the activities of the child care program.
SECTION 9. DCF 13.06 (1) (a), as created by CR 19-089, is amended to read: DCF 13.06 (1) Preliminary eligibility. (a) The department shall issue a preliminary eligibility determination that indicates whether a person is barred from employment as a caregiver, noncaregiver employee, or nonclient residency household member at the child care program based on any serious crimes reported on the federal bureau of investigation and Wisconsin department of justice fingerprint results.
SECTION 10. DCF 13.07 (1) (intro.), (2) (a) 2., 3., 5., 7., 8., 9., and 10., and (3), as created by CR 19-089, are amended to read: DCF 13.07 (1) Child care program offense reporting requirements. A child care program shall report to the agency that granted regulatory approval as soon as the child care program knows, or should have known, that any of the following apply to a caregiver, noncaregiver employee, or nonclient resident household member at the child care program:
(2) (a) 2. A nonclient resident household member turns 10 years of age.
3. A nonclient resident household member turns 18 years of age.
5. A caregiver, noncaregiver employee, or a nonclient resident household member at the child care program changes his or her name.
7. A new caregiver or noncaregiver employee begins work, or a prospective caregiver or noncaregiver employee intends to begin work, at the child care program.
8. A caregiver or noncaregiver employee is no longer working in the child care program or intends to no longer work in the child care program, including the last date of employment.
9. A prospective caregiver or noncaregiver employee was not hired.
10. A former nonclient resident household member is no longer residing at the child care program or a nonclient resident household member intends to no longer reside at the child care program, including the last date of residence.
(3) Child care program policy. A child care program shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 13.02 (4) (a) and (b) or a noncaregiver employee to notify the child care program as soon as possible, but no later than the child care program’s next working day, if any of the circumstances under sub. (1) (a) to (h) apply to the person. SECTION 11. DCF 13.08 (1) (a) 3., as created by CR 19-089, is amended to read: DCF 13.08 (1) (a) 3. Hires, employs, or contracts with a person that the department determined was ineligible to be a caregiver or noncaregiver employee, or permits a person to be a nonclient resident, in the child care program that the department determined was ineligible.
SECTION 12. DCF 13.08 (1) (a) 3m. is created to read:
DCF 13.08 (1) (a) 3m. Permits a person that the department determined was ineligible to be a household member in the child care program.
SECTION 13. DCF 13.08 (1) (a) 5. and 8., as created by CR 19-089, are amended to read: DCF 13.08 (1) (a) 5. Knows, or should know, that a caregiver, noncaregiver employee, or nonclient resident household member at the child care program committed an act barred under s. 48.686 (4m) (a) 6., 7., or 8., Stats., including knowingly giving false information on or knowingly omitting material information relating to the child care background check. 8. Violates any provision in s. 48.686, Stats., or this chapter regarding caregivers, noncaregiver employees, and nonclient residents or household members. SECTION 14. DCF 13.09 (2) (b) and (c), as created by CR 19-089, are amended to read: DCF 13.09 (2) (b) An appeal under sub. (1) may be submitted no later than 60 10 days after the date of the department’s ineligibility determination, unless the subject requests, and the department grants for good cause shown, an extension for a specific period of time prior to the expiration of the 60-day 10-day appeal period.
(c) If an appeal is not received under sub. (1) within 60 10 days after the department’s ineligibility determination and an extension has not been approved before the expiration of the 60-day 10-day appeal period, the department’s ineligibility determination made under s. DCF 13.06 (3) is final. SECTION 15. DCF 13.10 (3), as created by CR 19-089, is amended to read: DCF 13.10 (3) A person who is, or is expected to be, a nonclient resident household member at a child care program that is regulated by the agency.
SECTION 16. DCF 13.10 (4) is created to read:
DCF 13.10 (4) A person who is, or is expected to be, a noncaregiver employee for a child care program that is regulated by the agency.
SECTION 17. DCF 13.11 (1) (intro.) and (2), as created by CR 19-089, are amended to read: DCF 13.11 (1) (intro.) A Except as provided under sub. (2), a person may have the opportunity to demonstrate his or her rehabilitation if any of the following apply:
(2) Within A person may not have the opportunity to demonstrate his or her rehabilitation if within the preceding 12 months an agency denied the person’s request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or nonclient resident status as a household member with the same level of direct contact with clients or unsupervised access to clients.
SECTION 18. DCF 13.13 (4) (intro.) and (5) (c) 1. b. and 3. b., as created by CR 19-089, are amended to read: DCF 13.13 (4) (intro.) Rehabilitation review panel. After reviewing the information obtained, a review panel appointed under sub. (2) shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that he or she is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or noncaregiver employee, contracting with a child care program to be a caregiver or noncaregiver employee, or residing at a child care program. The panel shall consider at least the following factors, as applicable:
(5) (c) 1. b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or noncaregiver employee, contract to be a caregiver or noncaregiver employee, or nonclient residency status as a household member at a child care program.
3. b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or noncaregiver employee, contract to be a caregiver or noncaregiver employee, or nonclient residency status as a household member at a child care program.
SECTION 19. DCF 13.15 (2) (c), as created by CR 19-089, is amended to read: DCF 13.15 (2) (c) If an agency withdraws rehabilitation approval and the withdrawal results in a bar to regulatory approval, employment as a caregiver or noncaregiver employee, contracting with a child care program to be a caregiver or noncaregiver employee, or residing status as a household member at a child care program, the agency that withdraws the rehabilitation approval shall immediately report the withdrawal to the department.
SECTION 20. DCF 13.16 (1) (a) 1. a. (Note), as created by CR 19-089, is amended to read: DCF 13.16 (1) (a) 1. a. Note: For example, a certification agency in County B may accept a rehabilitation approval to be a nonclient resident household member in a certified child care home if a certification agency in County A granted the same type of approval.
SECTION 21. Chapter DCF 35 is repealed.
SECTION 22. DCF 52.59 (5) (a) is amended to read:
DCF 52.59 (5) (a) A policy regarding the type of respite care children who can be served, such as those who are emotionally disturbed, physically handicapped disabled, medically needy, or developmentally disabled, including the specific types of developmental disabilities served.
SECTION 23. DCF 52.65 (1) is amended to read:
SECTION 24. DCF 52.65 (1) (Note) is repealed.
SECTION 25. DCF 52.65 (2) (a) is amended to read:
DCF 52.65 (2) (a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 2. 1., Stats. SECTION 26. DCF 52.65 (2) (a) (Note) is repealed.
SECTION 27. DCF 54.08 (1) is amended to read:
SECTION 28. DCF 54.08 (1) (Note) is repealed.
SECTION 29. DCF 54.08 (2) (a) is amended to read:
DCF 54.08 (2) (a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 2. 1., Stats. SECTION 30. DCF 54.08 (2) (a) (Note) is repealed.
