This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB56,531 13Section 531. 48.63 (1) (c) of the statutes is amended to read:
AB56,492,2214 48.63 (1) (c) Voluntary agreements may be made only under par. (a) or, (b) , or
15(bm)
or sub. (5) (b), shall be in writing, shall state whether the child has been adopted,
16and shall specifically state that the agreement may be terminated at any time by the
17parent, guardian, or Indian custodian or by the child if the child's consent to the
18agreement is required. In the case of an Indian child who is placed under par. (a) or,
19(b), or (bm) by the voluntary agreement of the Indian child's parent or Indian
20custodian, the voluntary consent of the parent or Indian custodian to the placement
21shall be given as provided in s. 48.028 (5) (a). The child's consent to an agreement
22under par. (a) or, (b), or (bm) is required whenever the child is 12 years of age or older.
AB56,532 23Section 532. 48.645 (1) (a) of the statutes is amended to read:
AB56,493,824 48.645 (1) (a) The child is living in a foster home licensed under s. 48.62 if a
25license is required under that section, in a foster home located within the boundaries

1of a reservation in this state and licensed by the tribal governing body of the
2reservation, in a group home licensed under s. 48.625, in a subsidized guardianship
3home under s. 48.623, in a residential care center for children and youth licensed
4under s. 48.60, with a parent in a qualifying residential family-based treatment
5facility,
or in a supervised independent living arrangement and has been placed in
6that home, center, or arrangement by a county department under s. 46.215, 46.22,
7or 46.23, by the department, or by a governing body of an Indian tribe in this state
8under an agreement with a county department under s. 46.215, 46.22, or 46.23.
AB56,533 9Section 533 . 48.645 (2) (a) 5. of the statutes is created to read:
AB56,493,1210 48.645 (2) (a) 5. A qualifying residential family-based treatment facility when
11the child is residing there with a parent under a voluntary agreement under s. 48.63
12(1) (bm) or when the child is placed there with a parent by an order of the court.
AB56,534 13Section 534. 48.651 (3) (a) of the statutes is amended to read:
AB56,494,214 48.651 (3) (a) If a child care provider certified under sub. (1) is convicted of a
15serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1)
16(ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the
person subject
17to a background check under s. 48.686 (2) who operates, works at, or resides at a
child
18care provider certified under sub. (1) is convicted or adjudicated delinquent for
19committing a serious crime, as defined in s. 48.686 (1) (c), on or after his or her 10th
20birthday,
or if the department provides written notice of a decision under s. 48.686
21(4p) that the child care provider, caregiver, or nonclient resident person is ineligible
22for certification, employment, or residence to operate, work at, or reside at the child
23care provider, the department in a county having a population of 750,000 or more,
24a county department, or an agency contracted with under sub. (2) shall revoke the
25certification of the child care provider immediately upon providing written notice of

1revocation and the grounds for revocation and an explanation of the process for
2appealing the revocation.
AB56,535 3Section 535. 48.651 (3) (b) of the statutes is amended to read:
AB56,494,174 48.651 (3) (b) If a child care provider certified under sub. (1) is the subject of
5a pending criminal charge alleging that the person has committed a serious crime,
6as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a
7nonclient resident, as defined in s. 48.686 (1) (bm), of the
person subject to a
8background check under s. 48.686 (2) who operates, works at, or resides at a
child
9care provider certified under sub. (1) is the subject of a pending criminal charge or
10delinquency petition alleging that the person has committed a serious crime on or
11after his or her 10th birthday
, the department in a county having a population of
12750,000 or more, a county department, or an agency contracted with under sub. (2)
13shall immediately suspend the certification of the child care provider until the
14department, county department, or agency obtains information regarding the final
15disposition of the charge or delinquency petition indicating that the person is not
16ineligible to be certified under sub. (1) operate, work at, or reside at the child care
17provider
.
AB56,536 18Section 536 . 48.685 (1) (ao) of the statutes is created to read:
AB56,494,2019 48.685 (1) (ao) “Congregate care facility” means a group home, shelter care
20facility, or residential care center for children and youth.
AB56,537 21Section 537 . 48.685 (1) (ap) of the statutes is created to read:
AB56,494,2522 48.685 (1) (ap) “Congregate care worker” means an adult who works in a
23congregate care facility. “Congregate care worker” includes a person who has or is
24seeking a license to operate a congregate care facility and does not include an unpaid
25volunteer.
AB56,538
1Section 538. 48.685 (1) (c) 2. of the statutes is amended to read:
AB56,495,62 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
3(2), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295,
4942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05,
5948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am),
6948.12, 948.13, 948.21 (2), 948.215, 948.30, or 948.53.
AB56,539 7Section 539 . 48.685 (2) (am) 5. of the statutes is amended to read:
AB56,495,208 48.685 (2) (am) 5. Information maintained by the department of health services
9under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979
10(1) (b) regarding any denial to the person of a license, or continuation or renewal of
11a license to operate an entity, or of payments under s. 48.623 (6) for operating an
12entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the
13person of employment at, a contract with, or permission to reside at an entity or of
14permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason
15specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision
16indicates that the person has been denied a license, or continuation or renewal of a
17license, payments, employment, a contract, or permission to reside as described in
18this subdivision, the department, a county department, or a child welfare agency
19need not obtain the information specified in subds. 1. to 4., and the department need
20not obtain a fingerprint-based background check under par. (ba).
AB56,540 21Section 540 . 48.685 (2) (b) (intro.) of the statutes is amended to read:
AB56,496,222 48.685 (2) (b) (intro.) Every entity shall obtain all of the following with respect
23to a caregiver specified in sub. (1) (ag) 1. a. or am. of the entity and, with respect to
24a nonclient resident of a caregiver specified in sub. (1) (ag) 1. am., and with respect

1to a congregate care worker, except a caregiver specified in sub. (1) (ag) 1. b.,
of the
2entity:
AB56,541 3Section 541 . 48.685 (2) (ba) of the statutes is created to read:
AB56,496,74 48.685 (2) (ba) If the person who is the subject of the search under par. (am)
5or (b) is a congregate care worker, the department shall obtain a fingerprint-based
6check of the national crime information databases, as defined in 28 USC 534 (f) (3)
7(A), unless the search has been terminated under par. (am) 5. or (b) 5m.
AB56,542 8Section 542 . 48.685 (2) (bb) of the statutes is amended to read:
AB56,496,259 48.685 (2) (bb) If information obtained under par. (am) or, (b), or (ba) indicates
10a charge of a serious crime, but does not completely and clearly indicate the final
11disposition of the charge, the department, county department, child welfare agency,
12or entity shall make every reasonable effort to contact the clerk of courts to determine
13the final disposition of the charge. If a background information form under sub. (6)
14(a) or (am) indicates a charge or a conviction of a serious crime, but information
15obtained under par. (am) or, (b) , or (ba) does not indicate such a charge or conviction,
16the department, county department, child welfare agency, or entity shall make every
17reasonable effort to contact the clerk of courts to obtain a copy of the criminal
18complaint and the final disposition of the complaint. If information obtained under
19par. (am) or, (b), or (ba), a background information form under sub. (6) (a) or (am),
20or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
21940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
22the date on which that information was obtained, the department, county
23department, child welfare agency, or entity shall make every reasonable effort to
24contact the clerk of courts to obtain a copy of the criminal complaint and judgment
25of conviction relating to that violation.
AB56,543
1Section 543. 48.685 (2) (bg) of the statutes is amended to read:
AB56,497,102 48.685 (2) (bg) If an entity employs or contracts with a caregiver or congregate
3care worker
for whom, within the last year, the information required under par. (b)
41m. to 3m. and 5m. has already been obtained by another entity, the entity may
5obtain that information from that other entity, which shall provide the information,
6if possible, to the requesting entity. If an entity cannot obtain the information
7required under par. (b) 1m. to 3m. and 5m. from another entity or if an entity has
8reasonable grounds to believe that any information obtained from another entity is
9no longer accurate, the entity shall obtain that information from the sources
10specified in par. (b) 1m. to 3m. and 5m.
AB56,544 11Section 544 . 48.685 (2) (bm) of the statutes is amended to read:
AB56,498,512 48.685 (2) (bm) If the person who is the subject of the search under par. (am)
13or (b) is not a resident of this state, or if at any time within the 5 years preceding the
14date of the search that person has not been a resident of this state, or if the
15department, county department, child welfare agency, or entity determines that the
16person's employment, licensing, or state court records provide a reasonable basis for
17further investigation, the department, county department, child welfare agency, or
18entity shall make a good faith effort to obtain from any state or other United States
19jurisdiction in which the person is a resident or was a resident within the 5 years
20preceding the date of the search information that is equivalent to the information
21specified in par. (am) 1. or (b) 1m. The department, county department, child welfare
22agency, or entity may require the person to be fingerprinted on 2 fingerprint cards,
23each bearing a complete set of the person's fingerprints, or by other technologies
24approved by law enforcement agencies. The department of justice may provide for
25the submission of the fingerprint cards or fingerprints by other technologies to the

1federal bureau of investigation for the purposes of verifying the identity of the person
2fingerprinted and obtaining records of his or her criminal arrests and convictions.
3The department, county department, or child welfare agency may release any
4information obtained under this paragraph only as permitted under 32 USC 20962
5(e).
AB56,545 6Section 545 . 48.685 (2) (c) 1. of the statutes is amended to read:
AB56,498,167 48.685 (2) (c) 1. If the person who is the subject of the search under par. (am)
8is seeking an initial license to operate a foster home or is seeking relicensure after
9a break in licensure, the department, county department, or child welfare agency
10shall request under 42 USC 16962 34 USC 20962 (b) a fingerprint-based check of the
11national crime information databases, as defined in 28 USC 534 (f) (3) (A). If that
12person is seeking subsidized guardianship payments under s. 48.623 (6), the
13department in a county having a population of 750,000 or more or county department
14shall request that fingerprint-based check. The department, county department, or
15child welfare agency may release any information obtained under this subdivision
16only as permitted under 42 USC 16962 34 USC 20962 (e).
AB56,546 17Section 546 . 48.685 (2) (d) of the statutes is amended to read:
AB56,498,2118 48.685 (2) (d) Every entity shall maintain, or shall contract with another
19person to maintain, the most recent background information obtained on a caregiver
20or congregate care worker under par. (b). The information shall be made available
21for inspection by authorized persons, as defined by the department by rule.
AB56,547 22Section 547 . 48.685 (3) (b) of the statutes is amended to read:
AB56,499,223 48.685 (3) (b) Every 4 years or at any time within that period that an entity
24considers appropriate, the entity shall request the information specified in sub. (2)
25(b) 1m. to 5m. for all persons who are caregivers specified in sub. (1) (ag) 1. a. or am.

1of the entity and for all nonclient residents of a caregiver specified in sub. (1) (ag) 1.
2am. of the entity
subject to sub. (2) (b).
AB56,548 3Section 548 . 48.685 (3) (c) of the statutes is created to read:
AB56,499,64 48.685 (3) (c) Every 4 years or at any time within that period that the
5department considers appropriate, the department shall obtain the information
6specified in sub. (2) (ba) for all persons who are congregate care workers.
AB56,549 7Section 549. 48.685 (4m) (a) 1. of the statutes is amended to read:
AB56,499,128 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or
9adjudicated delinquent on or after his or her 10th birthday for committing a serious
10crime or that the person is the subject of a pending criminal charge or delinquency
11petition alleging that the person has committed a serious crime on or after his or her
1210th birthday
.
AB56,550 13Section 550 . 48.685 (4m) (b) (intro.) of the statutes is amended to read:
AB56,499,1814 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
15sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1)
16(ag) 1. a. or am. or a congregate care worker or permit a nonclient resident to reside
17at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of the entity if the
18entity knows or should have known any of the following:
AB56,551 19Section 551. 48.685 (4m) (b) 1. of the statutes is amended to read:
AB56,499,2420 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or
21adjudicated delinquent on or after his or her 10th birthday for committing a serious
22crime or that the person is the subject of a pending criminal charge or delinquency
23petition alleging that the person has committed a serious crime on or after his or her
2410th birthday
.
AB56,552 25Section 552 . 48.685 (4m) (c) of the statutes is amended to read:
AB56,500,14
148.685 (4m) (c) If the background information form completed by a person
2under sub. (6) (am) indicates that the person is not ineligible to be employed or
3contracted with for a reason specified in par. (b) 1. to 5., an entity may employ or
4contract with the person for not more than 45 days pending the receipt of the
5information sought under sub. (2) (am) or (b) and (ba). If the background information
6form completed by a person under sub. (6) (am) indicates that the person is not
7ineligible to be permitted to reside at an entity or with a caregiver specified in sub.
8(1) (ag) 1. am. for a reason specified in par. (b) 1. to 5. and if an entity otherwise has
9no reason to believe that the person is ineligible to be permitted to reside at an entity
10or with that caregiver for any of those reasons, the entity may permit the person to
11reside at the entity or with the caregiver for not more than 45 days pending receipt
12of the information sought under sub. (2) (am) or (b) and (ba). An entity shall provide
13supervision for a person who is employed, contracted with, or permitted to reside as
14permitted under this paragraph.
AB56,553 15Section 553 . 48.685 (4m) (d) of the statutes is amended to read:
AB56,500,2016 48.685 (4m) (d) If the department learns that a caregiver, congregate care
17worker,
or nonclient resident is the subject of a pending investigation for a crime or
18offense that, under this subsection or sub. (5), could result in a bar to employment
19as a caregiver or residence being a caregiver, working, or residing at an entity, the
20department may notify the entity of the pending investigation.
AB56,554 21Section 554 . 48.685 (5m) of the statutes is amended to read:
AB56,501,622 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
23a person to operate an entity, a county department or a child welfare agency may
24refuse to license a foster home under s. 48.62, the department in a county having a
25population of 750,000 or more or a county department may refuse to provide

1subsidized guardianship payments to a person under s. 48.623 (6), and an entity may
2refuse to employ or contract with a caregiver or congregate care worker or permit a
3nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag)
41. am. of the entity if the person has been convicted of an offense that is not a serious
5crime, but that is, in the estimation of the department, county department, child
6welfare agency, or entity, substantially related to the care of a client.
AB56,555 7Section 555 . 48.685 (6) (am) of the statutes is amended to read:
AB56,501,128 48.685 (6) (am) Every 4 years an entity shall require all of its caregivers and
9all
, nonclient residents of the entity or of a caregiver specified in sub. (1) (ag) 1. am.
10of the entity
, congregate care workers, and nonclient residents of a caregiver
11specified in sub. (1) (ag) 1. am.
to complete a background information form that is
12provided to the entity by the department.
AB56,556 13Section 556 . 48.685 (8) of the statutes is amended to read:
AB56,501,2214 48.685 (8) The department, the department of health services, a county
15department, or a child welfare agency may charge a fee for obtaining the information
16required under sub. (2) (am) or (3) (a), for providing information to an entity to enable
17the entity to comply with sub. (2) (b) or (3) (b), or for obtaining and submitting
18fingerprints under sub. (2) (ba) or (bm) or (3) (c). The fee may not exceed the
19reasonable cost of obtaining the information or of obtaining and submitting
20fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d),
21for obtaining or maintaining information or for obtaining and submitting
22fingerprints if to do so would be inconsistent with federal law.
AB56,557 23Section 557. 48.686 (1) (ac) of the statutes is created to read:
AB56,502,3
148.686 (1) (ac) “Approval” means a child care center license under s. 48.65, a
2child care provider certification under s. 48.651, or a contract with a child care
3provider under s. 120.13 (14).
AB56,558 4Section 558 . 48.686 (1) (ag) 1. (intro.) of the statutes is repealed.
AB56,559 5Section 559 . 48.686 (1) (ag) 1. a. of the statutes is renumbered 48.686 (1) (ag)
61. and amended to read:
AB56,502,87 48.686 (1) (ag) 1. An employee or independent contractor of a child care
8program who is involved in the care or supervision of clients.
AB56,560 9Section 560 . 48.686 (1) (ag) 1. b. of the statutes is renumbered 48.686 (1) (ag)
101m. and amended to read:
AB56,502,1311 48.686 (1) (ag) 1m. Involved in the care or supervision of clients of a child care
12program or
A person who has direct contact and unsupervised access to clients of a
13child care program.
AB56,561 14Section 561. 48.686 (1) (ar) of the statutes is repealed.
AB56,562 15Section 562. 48.686 (1) (bm) of the statutes is amended to read:
AB56,502,1816 48.686 (1) (bm) “Nonclient resident” “Household member" means a person who
17is age 10 or older, who resides, or is expected to reside, at a child care program, and
18who is not a client of the child care program or caregiver.
AB56,563 19Section 563. 48.686 (1) (bo) of the statutes is created to read:
AB56,502,2020 48.686 (1) (bo) “Licensing entity” means all of the following:
AB56,502,2121 1. The department when licensing a child care center under s. 48.65.
AB56,502,2422 2. The department in a county with a population of 750,000 or more, a county
23department, or an agency or Indian tribe contracted with under s. 48.651 (2) when
24certifying a child care provider under s. 48.651.
AB56,503,2
13. A school board when contracting with a child care provider under s. 120.13
2(14).
AB56,564 3Section 564. 48.686 (1) (bp) of the statutes is created to read:
AB56,503,84 48.686 (1) (bp) “Noncaregiver employee” means a person who provides services
5to a child care program as an employee or a contractor and is not a caregiver, but
6whose work at the child care program provides the ability to move freely throughout
7the premises and opportunities for interactions with clients of the child care
8program.
AB56,565 9Section 565. 48.686 (1) (c) 5. of the statutes is amended to read:
AB56,503,1310 48.686 (1) (c) 5. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21,
11940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.02,
12943.03,
943.04, 943.10 (2), 943.32 (2), or 948.081, 948.21 (1) (a), 948.215, or 948.53
13(2) (b) 1
.
AB56,566 14Section 566. 48.686 (1) (c) 9. of the statutes is amended to read:
AB56,503,2215 48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
16125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205,
17940.207, 940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s.
18948.51 (3) (b) or (c),
a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
19s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that
20is a felony, if the person completed his or her sentence, including any probation,
21parole, or extended supervision, or was discharged by the department of corrections,
22less than 5 years before the date of the investigation under sub. (2) (am)
.
AB56,567 23Section 567. 48.686 (1) (c) 10. of the statutes is amended to read:
AB56,504,324 48.686 (1) (c) 10. A violation of s. 948.22 (2), if the person completed his or her
25sentence, including any probation, parole, or extended supervision, or was

1discharged by the department of corrections, less than 5 years before the date of the
2investigation under sub. (2) (am),
unless the person has paid all arrearages due and
3is meeting his or her current support obligations.
AB56,568 4Section 568. 48.686 (2) (a) of the statutes is amended to read:
AB56,504,145 48.686 (2) (a) The department A licensing entity shall require any person who
6applies for issuance of an initial license approval to operate a child care center under
7s. 48.65, a school board shall require any person who proposes an initial contract with
8the school board under s. 120.13 (14), and the department in a county having a
9population of 750,000 or more, a county department, or an agency contracted with
10under s. 48.651 (2) shall require any child care provider who applies for initial
11certification under s. 48.651
program to submit the information required for a
12background check request under par. (ag). A If the licensing entity is a school board,
13county department, or contracted agency or tribe, the licensing entity shall submit
14the completed background information request to the department.
AB56,569 15Section 569. 48.686 (2) (ab) of the statutes is amended to read:
AB56,504,2216 48.686 (2) (ab) Each child care program shall submit a request to the
17department for a criminal background check for each potential caregiver,
18noncaregiver employee,
and potential nonclient resident household member prior to
19the date on which an individual becomes a caregiver, noncaregiver employee, or
20nonclient resident household member, and at least once during every 5-year period
21for each existing caregiver, noncaregiver employee, or nonclient resident household
22member
, except if all of the following apply to the individual:
AB56,505,223 1. The caregiver, potential caregiver, nonclient resident, or potential nonclient
24resident
individual has received a background check as described in par. (am) while

1employed working or seeking employment by work with another child care program
2within the state within the last 5 years.
AB56,505,53 2. The department provided to the child care program under subd. 1. a
4qualifying background check result for the caregiver, potential caregiver, nonclient
5resident, or potential nonclient resident
individual.
AB56,505,96 3. The caregiver, potential caregiver, nonclient resident, or potential nonclient
7resident is employed by
individual works or resides at a child care program within
8the state or has been separated from employment work or residence at a child care
9program within the state for a period of not more than 180 consecutive days.
AB56,570 10Section 570 . 48.686 (2) (ag) 1. b. of the statutes is amended to read:
AB56,505,1211 48.686 (2) (ag) 1. b. Any additional information that the department deems
12necessary to perform the criminal background check.
AB56,571 13Section 571 . 48.686 (2) (ag) 2. of the statutes is amended to read:
AB56,505,1614 48.686 (2) (ag) 2. A request for a criminal background check is considered
15submitted on the day that the department receives all of the information required
16under subd. 1.
AB56,572 17Section 572 . 48.686 (2) (ag) 3. of the statutes is amended to read:
AB56,505,2118 48.686 (2) (ag) 3. The requester of a background check under this paragraph
19shall submit all fees required by the department pursuant to the instructions
20provided by the department, not to exceed the actual cost of conducting the criminal
21background check.
AB56,573 22Section 573. 48.686 (2) (am) (intro.) of the statutes is amended to read:
Loading...
Loading...