Amendment SSA1-SB59

SB59-SSA1,327,10 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.

SB59-SSA1,557 Section 557 . 48.686 (1) (ac) of the statutes is created to read:

SB59-SSA1,327,14 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).

SB59-SSA1,558 Section 558 . 48.686 (1) (ag) 1. (intro.) of the statutes is repealed.

SB59-SSA1,559 Section 559 . 48.686 (1) (ag) 1. a. of the statutes is renumbered 48.686 (1) (ag) 1. and amended to read:

SB59-SSA1,327,19 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.

SB59-SSA1,560 Section 560 . 48.686 (1) (ag) 1. b. of the statutes is renumbered 48.686 (1) (ag) 1m. and amended to read:

SB59-SSA1,327,24 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.

SB59-SSA1,561 Section 561 . 48.686 (1) (ar) of the statutes is repealed.

SB59-SSA1,562 Section 562. 48.686 (1) (bm) of the statutes is amended to read:

SB59-SSA1,328,4 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.

SB59-SSA1,563 Section 563 . 48.686 (1) (bo) of the statutes is created to read:

SB59-SSA1,328,6 48.686 (1) (bo) “Licensing entity” means all of the following:

SB59-SSA1,328,7 1. The department when licensing a child care center under s. 48.65.

SB59-SSA1,328,10 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.

SB59-SSA1,328,12 3. A school board when contracting with a child care provider under s. 120.13 (14).

SB59-SSA1,564 Section 564 . 48.686 (1) (bp) of the statutes is created to read:

SB59-SSA1,328,18 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.

SB59-SSA1,565 Section 565 . 48.686 (1) (c) 5. of the statutes is amended to read:

SB59-SSA1,328,23 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.

SB59-SSA1,566 Section 566 . 48.686 (1) (c) 9. of the statutes is amended to read:

SB59-SSA1,329,8 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).

SB59-SSA1,567 Section 567 . 48.686 (1) (c) 10. of the statutes is amended to read:

SB59-SSA1,329,14 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.

SB59-SSA1,568 Section 568 . 48.686 (2) (a) of the statutes is amended to read:

SB59-SSA1,329,25 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.

SB59-SSA1,569 Section 569. 48.686 (2) (ab) of the statutes is amended to read:

SB59-SSA1,330,8 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:

SB59-SSA1,330,12 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.

SB59-SSA1,330,15 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.

SB59-SSA1,330,19 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.

SB59-SSA1,570 Section 570 . 48.686 (2) (ag) 1. b. of the statutes is amended to read:

SB59-SSA1,330,22 48.686 (2) (ag) 1. b. Any additional information that the department deems necessary to perform the criminal background check.

SB59-SSA1,571 Section 571 . 48.686 (2) (ag) 2. of the statutes is amended to read:

SB59-SSA1,331,3 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.

SB59-SSA1,572 Section 572 . 48.686 (2) (ag) 3. of the statutes is amended to read:

SB59-SSA1,331,8 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.

SB59-SSA1,573 Section 573 . 48.686 (2) (am) (intro.) of the statutes is amended to read:

SB59-SSA1,331,13 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:

SB59-SSA1,574 Section 574 . 48.686 (2) (am) 1. of the statutes is amended to read:

SB59-SSA1,331,16 48.686 (2) (am) 1. A fingerprint-based or name-based criminal history search from the records maintained by the department of justice.

SB59-SSA1,575 Section 575 . 48.686 (2) (am) 10. of the statutes is amended to read:

SB59-SSA1,331,19 48.686 (2) (am) 10. A search of the department's criminal background check records.

SB59-SSA1,576 Section 576 . 48.686 (2) (ar) of the statutes is amended to read:

SB59-SSA1,331,24 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.

SB59-SSA1,577 Section 577 . 48.686 (2) (bd) of the statutes is amended to read:

SB59-SSA1,332,11 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.

SB59-SSA1,578 Section 578 . 48.686 (3) (am) of the statutes is amended to read:

SB59-SSA1,332,20 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.

SB59-SSA1,579 Section 579 . 48.686 (4m) (a) (intro.) of the statutes is amended to read:

SB59-SSA1,333,8 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:

SB59-SSA1,580 Section 580 . 48.686 (4m) (a) 1. of the statutes is amended to read:

SB59-SSA1,333,14 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.

SB59-SSA1,581 Section 581 . 48.686 (4m) (a) 2. of the statutes is created to read:

SB59-SSA1,333,17 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.

SB59-SSA1,582 Section 582 . 48.686 (4m) (a) 5. of the statutes is amended to read:

SB59-SSA1,333,23 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.

SB59-SSA1,583 Section 583 . 48.686 (4m) (a) 6. of the statutes is amended to read:

SB59-SSA1,334,4 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.

SB59-SSA1,584 Section 584 . 48.686 (4m) (a) 7. of the statutes is amended to read:

SB59-SSA1,334,8 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).

SB59-SSA1,585 Section 585 . 48.686 (4m) (a) 8. of the statutes is amended to read:

SB59-SSA1,334,12 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).

SB59-SSA1,586 Section 586 . 48.686 (4m) (ad) of the statutes is amended to read:

SB59-SSA1,334,21 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.

SB59-SSA1,587 Section 587 . 48.686 (4m) (c) of the statutes is amended to read:

SB59-SSA1,335,9 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.

SB59-SSA1,588 Section 588 . 48.686 (4p) (a) of the statutes is amended to read:

SB59-SSA1,335,15 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.

SB59-SSA1,589 Section 589 . 48.686 (4p) (b) of the statutes is amended to read:

SB59-SSA1,335,23 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.

SB59-SSA1,590 Section 590 . 48.686 (4p) (c) of the statutes is amended to read:

SB59-SSA1,336,12 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.

SB59-SSA1,591 Section 591 . 48.686 (4p) (d) of the statutes is amended to read:

SB59-SSA1,336,16 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.

SB59-SSA1,592 Section 592 . 48.686 (4s) (a) of the statutes is amended to read:

SB59-SSA1,336,22 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.

SB59-SSA1,593 Section 593 . 48.686 (4s) (b) of the statutes is amended to read:

SB59-SSA1,337,4 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.

SB59-SSA1,594 Section 594 . 48.686 (4s) (f) of the statutes is amended to read:

SB59-SSA1,337,7 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.

SB59-SSA1,595 Section 595 . 48.686 (4s) (m) of the statutes is amended to read:

SB59-SSA1,337,15 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.

SB59-SSA1,596 Section 596 . 48.686 (5) of the statutes is repealed and recreated to read:

SB59-SSA1,337,19 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:

SB59-SSA1,337,21 1. An investigation under sub. (2) (am) indicates that sub. (4m) (a) 2., 3., or 4. applies to the person.

SB59-SSA1,338,3 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).

SB59-SSA1,338,7 (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.

SB59-SSA1,597 Section 597 . 48.686 (5c) (a) of the statutes is renumbered 48.686 (5c).