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SB59-SSA1,326,213 48.685 (4m) (c) If the background information form completed by a person
14under sub. (6) (am) indicates that the person is not ineligible to be employed or
15contracted with for a reason specified in par. (b) 1. to 5., an entity may employ or
16contract with the person for not more than 45 days pending the receipt of the
17information sought under sub. (2) (am) or (b) and (ba). If the background information
18form completed by a person under sub. (6) (am) indicates that the person is not
19ineligible to be permitted to reside at an entity or with a caregiver specified in sub.
20(1) (ag) 1. am. for a reason specified in par. (b) 1. to 5. and if an entity otherwise has
21no reason to believe that the person is ineligible to be permitted to reside at an entity
22or with that caregiver for any of those reasons, the entity may permit the person to
23reside at the entity or with the caregiver for not more than 45 days pending receipt
24of the information sought under sub. (2) (am) or (b) and (ba). An entity shall provide

1supervision for a person who is employed, contracted with, or permitted to reside as
2permitted under this paragraph.
SB59-SSA1,553 3Section 553 . 48.685 (4m) (d) of the statutes is amended to read:
SB59-SSA1,326,84 48.685 (4m) (d) If the department learns that a caregiver, congregate care
5worker,
or nonclient resident is the subject of a pending investigation for a crime or
6offense that, under this subsection or sub. (5), could result in a bar to employment
7as a caregiver or residence being a caregiver, working, or residing at an entity, the
8department may notify the entity of the pending investigation.
SB59-SSA1,554 9Section 554 . 48.685 (5m) of the statutes is amended to read:
SB59-SSA1,326,1910 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
11a person to operate an entity, a county department or a child welfare agency may
12refuse to license a foster home under s. 48.62, the department in a county having a
13population of 750,000 or more or a county department may refuse to provide
14subsidized guardianship payments to a person under s. 48.623 (6), and an entity may
15refuse to employ or contract with a caregiver or congregate care worker or permit a
16nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag)
171. am. of the entity if the person has been convicted of an offense that is not a serious
18crime, but that is, in the estimation of the department, county department, child
19welfare agency, or entity, substantially related to the care of a client.
SB59-SSA1,555 20Section 555 . 48.685 (6) (am) of the statutes is amended to read:
SB59-SSA1,326,2521 48.685 (6) (am) Every 4 years an entity shall require all of its caregivers and
22all
, nonclient residents of the entity or of a caregiver specified in sub. (1) (ag) 1. am.
23of the entity
, congregate care workers, and nonclient residents of a caregiver
24specified in sub. (1) (ag) 1. am.
to complete a background information form that is
25provided to the entity by the department.
SB59-SSA1,556
1Section 556. 48.685 (8) of the statutes is amended to read:
SB59-SSA1,327,102 48.685 (8) The department, the department of health services, a county
3department, or a child welfare agency may charge a fee for obtaining the information
4required under sub. (2) (am) or (3) (a), for providing information to an entity to enable
5the entity to comply with sub. (2) (b) or (3) (b), or for obtaining and submitting
6fingerprints under sub. (2) (ba) or (bm) or (3) (c). The fee may not exceed the
7reasonable cost of obtaining the information or of obtaining and submitting
8fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d),
9for obtaining or maintaining information or for obtaining and submitting
10fingerprints if to do so would be inconsistent with federal law.
SB59-SSA1,557 11Section 557 . 48.686 (1) (ac) of the statutes is created to read:
SB59-SSA1,327,1412 48.686 (1) (ac) “Approval” means a child care center license under s. 48.65, a
13child care provider certification under s. 48.651, or a contract with a child care
14provider under s. 120.13 (14).
SB59-SSA1,558 15Section 558 . 48.686 (1) (ag) 1. (intro.) of the statutes is repealed.
SB59-SSA1,559 16Section 559 . 48.686 (1) (ag) 1. a. of the statutes is renumbered 48.686 (1) (ag)
171. and amended to read:
SB59-SSA1,327,1918 48.686 (1) (ag) 1. An employee or independent contractor of a child care
19program who is involved in the care or supervision of clients.
SB59-SSA1,560 20Section 560 . 48.686 (1) (ag) 1. b. of the statutes is renumbered 48.686 (1) (ag)
211m. and amended to read:
SB59-SSA1,327,2422 48.686 (1) (ag) 1m. Involved in the care or supervision of clients of a child care
23program or
A person who has direct contact and unsupervised access to clients of a
24child care program.
SB59-SSA1,561 25Section 561 . 48.686 (1) (ar) of the statutes is repealed.
SB59-SSA1,562
1Section 562. 48.686 (1) (bm) of the statutes is amended to read:
SB59-SSA1,328,42 48.686 (1) (bm) “Nonclient resident” “Household member" means a person who
3is age 10 or older, who resides, or is expected to reside, at a child care program, and
4who is not a client of the child care program or caregiver.
SB59-SSA1,563 5Section 563 . 48.686 (1) (bo) of the statutes is created to read:
SB59-SSA1,328,66 48.686 (1) (bo) “Licensing entity” means all of the following:
SB59-SSA1,328,77 1. The department when licensing a child care center under s. 48.65.
SB59-SSA1,328,108 2. The department in a county with a population of 750,000 or more, a county
9department, or an agency or Indian tribe contracted with under s. 48.651 (2) when
10certifying a child care provider under s. 48.651.
SB59-SSA1,328,1211 3. A school board when contracting with a child care provider under s. 120.13
12(14).
SB59-SSA1,564 13Section 564 . 48.686 (1) (bp) of the statutes is created to read:
SB59-SSA1,328,1814 48.686 (1) (bp) “Noncaregiver employee” means a person who provides services
15to a child care program as an employee or a contractor and is not a caregiver, but
16whose work at the child care program provides the ability to move freely throughout
17the premises and opportunities for interactions with clients of the child care
18program.
SB59-SSA1,565 19Section 565 . 48.686 (1) (c) 5. of the statutes is amended to read:
SB59-SSA1,328,2320 48.686 (1) (c) 5. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21,
21940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.02,
22943.03,
943.04, 943.10 (2), 943.32 (2), or 948.081, 948.21 (1) (a), 948.215, or 948.53
23(2) (b) 1
.
SB59-SSA1,566 24Section 566 . 48.686 (1) (c) 9. of the statutes is amended to read:
SB59-SSA1,329,8
148.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
2125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205,
3940.207, 940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s.
4948.51 (3) (b) or (c),
a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
5s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that
6is a felony, if the person completed his or her sentence, including any probation,
7parole, or extended supervision, or was discharged by the department of corrections,
8less than 5 years before the date of the investigation under sub. (2) (am)
.
SB59-SSA1,567 9Section 567 . 48.686 (1) (c) 10. of the statutes is amended to read:
SB59-SSA1,329,1410 48.686 (1) (c) 10. A violation of s. 948.22 (2), if the person completed his or her
11sentence, including any probation, parole, or extended supervision, or was
12discharged by the department of corrections, less than 5 years before the date of the
13investigation under sub. (2) (am),
unless the person has paid all arrearages due and
14is meeting his or her current support obligations.
SB59-SSA1,568 15Section 568 . 48.686 (2) (a) of the statutes is amended to read:
SB59-SSA1,329,2516 48.686 (2) (a) The department A licensing entity shall require any person who
17applies for issuance of an initial license approval to operate a child care center under
18s. 48.65, a school board shall require any person who proposes an initial contract with
19the school board under s. 120.13 (14), and the department in a county having a
20population of 750,000 or more, a county department, or an agency contracted with
21under s. 48.651 (2) shall require any child care provider who applies for initial
22certification under s. 48.651
program to submit the information required for a
23background check request under par. (ag). A If the licensing entity is a school board,
24county department, or contracted agency or tribe, the licensing entity shall submit
25the completed background information request to the department.
SB59-SSA1,569
1Section 569. 48.686 (2) (ab) of the statutes is amended to read:
SB59-SSA1,330,82 48.686 (2) (ab) Each child care program shall submit a request to the
3department for a criminal background check for each potential caregiver,
4noncaregiver employee,
and potential nonclient resident household member prior to
5the date on which an individual becomes a caregiver, noncaregiver employee, or
6nonclient resident household member, and at least once during every 5-year period
7for each existing caregiver, noncaregiver employee, or nonclient resident household
8member
, except if all of the following apply to the individual:
SB59-SSA1,330,129 1. The caregiver, potential caregiver, nonclient resident, or potential nonclient
10resident
individual has received a background check as described in par. (am) while
11employed working or seeking employment by work with another child care program
12within the state within the last 5 years.
SB59-SSA1,330,1513 2. The department provided to the child care program under subd. 1. a
14qualifying background check result for the caregiver, potential caregiver, nonclient
15resident, or potential nonclient resident
individual.
SB59-SSA1,330,1916 3. The caregiver, potential caregiver, nonclient resident, or potential nonclient
17resident is employed by
individual works or resides at a child care program within
18the state or has been separated from employment work or residence at a child care
19program within the state for a period of not more than 180 consecutive days.
SB59-SSA1,570 20Section 570 . 48.686 (2) (ag) 1. b. of the statutes is amended to read:
SB59-SSA1,330,2221 48.686 (2) (ag) 1. b. Any additional information that the department deems
22necessary to perform the criminal background check.
SB59-SSA1,571 23Section 571 . 48.686 (2) (ag) 2. of the statutes is amended to read:
SB59-SSA1,331,3
148.686 (2) (ag) 2. A request for a criminal background check is considered
2submitted on the day that the department receives all of the information required
3under subd. 1.
SB59-SSA1,572 4Section 572 . 48.686 (2) (ag) 3. of the statutes is amended to read:
SB59-SSA1,331,85 48.686 (2) (ag) 3. The requester of a background check under this paragraph
6shall submit all fees required by the department pursuant to the instructions
7provided by the department, not to exceed the actual cost of conducting the criminal
8background check.
SB59-SSA1,573 9Section 573 . 48.686 (2) (am) (intro.) of the statutes is amended to read:
SB59-SSA1,331,1310 48.686 (2) (am) (intro.) Upon receipt of a request submitted under par. (a) or
11(ab), the department shall obtain all of the following with respect to a caregiver or
12a nonclient resident who is not under 10 years of age the individual who is the subject
13of the request
:
SB59-SSA1,574 14Section 574 . 48.686 (2) (am) 1. of the statutes is amended to read:
SB59-SSA1,331,1615 48.686 (2) (am) 1. A fingerprint-based or name-based criminal history search
16from the records maintained by the department of justice.
SB59-SSA1,575 17Section 575 . 48.686 (2) (am) 10. of the statutes is amended to read:
SB59-SSA1,331,1918 48.686 (2) (am) 10. A search of the department's criminal background check
19records.
SB59-SSA1,576 20Section 576 . 48.686 (2) (ar) of the statutes is amended to read:
SB59-SSA1,331,2421 48.686 (2) (ar) After receiving a request under par. (a) or (ab), the department
22shall conduct the criminal background check as expeditiously as possible and shall
23make a good faith effort to complete all components of the criminal background check
24no later than 45 days after the date on which the request was submitted.
SB59-SSA1,577 25Section 577 . 48.686 (2) (bd) of the statutes is amended to read:
SB59-SSA1,332,11
148.686 (2) (bd) Notwithstanding par. (am), the department is not required to
2obtain the information specified in par. (am) 1. to 10., with respect to a person
3household member under 18 years of age whose background check request under par.
4(ag) indicates that the person household member is not ineligible to be permitted to
5reside at a child care program for a reason specified in sub. (4m) (a) 1. to 8. and with
6respect to whom the department otherwise has no reason to believe that the person
7is ineligible to be permitted to reside at the child care program for any of those
8reasons. This paragraph does not preclude the department from obtaining, at its
9discretion, the information specified in par. (am) 1. to 10. with respect to a person
10household member described in this paragraph who is a nonclient resident or a
11potential nonclient resident of a child care program
.
SB59-SSA1,578 12Section 578 . 48.686 (3) (am) of the statutes is amended to read:
SB59-SSA1,332,2013 48.686 (3) (am) Every year or at any time that the department considers
14appropriate, the department may request the information specified in sub. (2) (am)
151. to 5. for all caregivers under sub. (1) (ag) 2., nonclient residents of such a caregiver,
16and caregivers under sub. (1) (ag) 1. who have direct contact with clients. For the
17purposes of this paragraph, “direct contact” means face-to-face physical proximity
18to a client that affords the opportunity to commit abuse or neglect of a client or to
19misappropriate the property of a client
, noncaregiver employees, and household
20members
.
SB59-SSA1,579 21Section 579 . 48.686 (4m) (a) (intro.) of the statutes is amended to read:
SB59-SSA1,333,822 48.686 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
23par. (ad) and sub. (5), the department a licensing entity may not license, or continue
24or renew the license of, a person to operate a child care center under s. 48.65, the
25department in a county having a population of 750,000 or more, a county

1department, or an agency contracted with under s. 48.651 (2) may not certify a child
2care provider under s. 48.651, a school board may not contract with a person under
3s. 120.13 (14)
issue an approval to operate a child care program to a person, and a
4child care program may not employ or contract with a caregiver specified in sub. (1)
5(ag) 1.
or noncaregiver employee or permit a household member to reside at the child
6care program
if the department, county department, contracted agency, school
7board,
licensing entity or child care program knows or should have known any of the
8following:
SB59-SSA1,580 9Section 580 . 48.686 (4m) (a) 1. of the statutes is amended to read:
SB59-SSA1,333,1410 48.686 (4m) (a) 1. That the person has been convicted of a serious crime or
11adjudicated delinquent on or after his or her 10th birthday for committing a serious
12crime or that the person is the subject of a pending criminal charge or delinquency
13petition alleging that the person has committed a serious crime on or after his or her
1410th birthday
.
SB59-SSA1,581 15Section 581 . 48.686 (4m) (a) 2. of the statutes is created to read:
SB59-SSA1,333,1716 48.686 (4m) (a) 2. That the person is registered or is required to be registered
17on a state sex offender registry or repository or the national sex offender registry.
SB59-SSA1,582 18Section 582 . 48.686 (4m) (a) 5. of the statutes is amended to read:
SB59-SSA1,333,2319 48.686 (4m) (a) 5. That the department has determined the person ineligible
20to be licensed receive an approval to operate a child care center under s. 48.65, to be
21certified
to operate a child care provider under s. 48.651, to contract with a school
22board under s. 120.13 (14)
program, to be employed as a caregiver at by a child care
23program, or to be a nonclient resident at household member of a child care program.
SB59-SSA1,583 24Section 583 . 48.686 (4m) (a) 6. of the statutes is amended to read:
SB59-SSA1,334,4
148.686 (4m) (a) 6. That the person has refused to provide information under
2sub. (2) (ag), or that the person refused to participate in, cooperate with, or submit
3required information for the criminal background check described in sub. (2) (am),
4including fingerprints.
SB59-SSA1,584 5Section 584 . 48.686 (4m) (a) 7. of the statutes is amended to read:
SB59-SSA1,334,86 48.686 (4m) (a) 7. That the person knowingly made a materially false
7statement in connection with the person's criminal background check described in
8sub. (2).
SB59-SSA1,585 9Section 585 . 48.686 (4m) (a) 8. of the statutes is amended to read:
SB59-SSA1,334,1210 48.686 (4m) (a) 8. That the person knowingly omitted material information
11requested in connection with the person's criminal background check conducted
12under sub. (2).
SB59-SSA1,586 13Section 586 . 48.686 (4m) (ad) of the statutes is amended to read:
SB59-SSA1,334,2114 48.686 (4m) (ad) The department A licensing entity may license issue an
15approval to operate
a child care center under s. 48.65; the department in a county
16having a population of 750,000 or more, a county department, or an agency
17contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651;
18and a school board may contract with a person under s. 120.13 (14),
program to a
19person
conditioned on the receipt of the information specified in sub. (4p) (a)
20indicating that the person is not ineligible to be so licensed, certified, or contracted
21with for a reason specified in par. (a) 1. to 8.
SB59-SSA1,587 22Section 587 . 48.686 (4m) (c) of the statutes is amended to read:
SB59-SSA1,335,923 48.686 (4m) (c) A child care program may employ or contract with a potential
24caregiver or noncaregiver employee or permit a potential nonclient resident
25household member to reside at the child care program for up to 45 days from the date

1a background check request is submitted to the department pending the completion
2of the department's report under sub. (4p) (a) if the department provides a
3preliminary report under sub. (4p) (c) to the child care program indicating that the
4potential caregiver or nonclient resident individual is not ineligible to work or reside
5at a child care program. At all times that children in care clients of a child care
6program
are present, an individual who received a qualifying result on a background
7check described in sub. (2) (am) within the past 5 years must supervise a potential
8employee caregiver, noncaregiver employee, or nonclient resident household
9member
permitted to work or reside at the child care program under this paragraph.
SB59-SSA1,588 10Section 588 . 48.686 (4p) (a) of the statutes is amended to read:
SB59-SSA1,335,1511 48.686 (4p) (a) The department shall provide the results of the criminal
12background check to the child care program in a written report that indicates only
13that the individual on whom the background check was conducted is eligible or
14ineligible for employment or to reside at the child care program, without revealing
15any disqualifying crime offense or other information regarding the individual.
SB59-SSA1,589 16Section 589 . 48.686 (4p) (b) of the statutes is amended to read:
SB59-SSA1,335,2317 48.686 (4p) (b) The department shall provide the results of the criminal
18background check to the individual on whom the background check was conducted
19in a written report that indicates whether the individual is eligible or ineligible for
20employment or to reside at the child care program. If the individual is ineligible for
21employment or to reside at the child care program, the department's report shall
22include information on each disqualifying crime offense and information on the right
23to appeal.
SB59-SSA1,590 24Section 590 . 48.686 (4p) (c) of the statutes is amended to read:
SB59-SSA1,336,12
148.686 (4p) (c) Before the department completes its report under par. (a), a
2caregiver under sub. (1) (ag) 2. may submit a written request to the department for
3a preliminary report indicating whether a potential caregiver, noncaregiver
4employee,
or nonclient resident household member is eligible to work or reside at a
5child care program under sub. (4m) (c). If the department receives such a request,
6it shall provide a written preliminary report to that caregiver indicating whether the
7individual is barred from employment as a caregiver working or residence as a
8nonclient resident
residing at a child care program on the basis of a background
9check under sub. (2) (am) 1. or 7. If the individual is ineligible for employment or
10residence
to work or reside at a child care program based on the results of the
11preliminary report, the department shall also provide a preliminary report to the
12individual containing information related to each disqualifying crime offense.
SB59-SSA1,591 13Section 591 . 48.686 (4p) (d) of the statutes is amended to read:
SB59-SSA1,336,1614 48.686 (4p) (d) The results of a report under par. (c) may not be appealed by
15the individual until receipt of the department's report under par. (b) following
16completion of all components of the criminal background check.
SB59-SSA1,592 17Section 592 . 48.686 (4s) (a) of the statutes is amended to read:
SB59-SSA1,336,2218 48.686 (4s) (a) An individual who is the subject of the department's report on
19the results of a criminal background check may appeal the department's decision.
20Only the person who is the subject of the department's report may appeal the
21department's decision. Neither the child care program nor any other person may
22appeal the department's decision.
SB59-SSA1,593 23Section 593 . 48.686 (4s) (b) of the statutes is amended to read:
SB59-SSA1,337,424 48.686 (4s) (b) An appeal request shall be submitted to the department at the
25address, e-mail address, or fax number identified in the statement of appeal rights

1no later than 60 10 days after the date of the department's decision, unless the
2appellant requests, and the department grants, an extension for a specific amount
3of time prior to expiration of the 60 10 day appeal period. Extensions may be granted
4for good cause shown.
SB59-SSA1,594 5Section 594 . 48.686 (4s) (f) of the statutes is amended to read:
SB59-SSA1,337,76 48.686 (4s) (f) The department shall sustain the results of its criminal
7background check report if supported by a preponderance of the available evidence.
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