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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:
AB56,506,223 48.686 (2) (am) (intro.) Upon receipt of a request submitted under par. (a) or
24(ab), the department shall obtain all of the following with respect to a caregiver or

1a nonclient resident who is not under 10 years of age the individual who is the subject
2of the request
:
AB56,574 3Section 574. 48.686 (2) (am) 1. of the statutes is amended to read:
AB56,506,54 48.686 (2) (am) 1. A fingerprint-based or name-based criminal history search
5from the records maintained by the department of justice.
AB56,575 6Section 575 . 48.686 (2) (am) 10. of the statutes is amended to read:
AB56,506,87 48.686 (2) (am) 10. A search of the department's criminal background check
8records.
AB56,576 9Section 576 . 48.686 (2) (ar) of the statutes is amended to read:
AB56,506,1310 48.686 (2) (ar) After receiving a request under par. (a) or (ab), the department
11shall conduct the criminal background check as expeditiously as possible and shall
12make a good faith effort to complete all components of the criminal background check
13no later than 45 days after the date on which the request was submitted.
AB56,577 14Section 577. 48.686 (2) (bd) of the statutes is amended to read:
AB56,506,2515 48.686 (2) (bd) Notwithstanding par. (am), the department is not required to
16obtain the information specified in par. (am) 1. to 10., with respect to a person
17household member under 18 years of age whose background check request under par.
18(ag) indicates that the person household member is not ineligible to be permitted to
19reside at a child care program for a reason specified in sub. (4m) (a) 1. to 8. and with
20respect to whom the department otherwise has no reason to believe that the person
21is ineligible to be permitted to reside at the child care program for any of those
22reasons. This paragraph does not preclude the department from obtaining, at its
23discretion, the information specified in par. (am) 1. to 10. with respect to a person
24household member described in this paragraph who is a nonclient resident or a
25potential nonclient resident of a child care program
.
AB56,578
1Section 578. 48.686 (3) (am) of the statutes is amended to read:
AB56,507,92 48.686 (3) (am) Every year or at any time that the department considers
3appropriate, the department may request the information specified in sub. (2) (am)
41. to 5. for all caregivers under sub. (1) (ag) 2., nonclient residents of such a caregiver,
5and caregivers under sub. (1) (ag) 1. who have direct contact with clients. For the
6purposes of this paragraph, “direct contact” means face-to-face physical proximity
7to a client that affords the opportunity to commit abuse or neglect of a client or to
8misappropriate the property of a client
, noncaregiver employees, and household
9members
.
AB56,579 10Section 579. 48.686 (4m) (a) (intro.) of the statutes is amended to read:
AB56,507,2211 48.686 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
12par. (ad) and sub. (5), the department a licensing entity may not license, or continue
13or renew the license of, a person to operate a child care center under s. 48.65, the
14department in a county having a population of 750,000 or more, a county
15department, or an agency contracted with under s. 48.651 (2) may not certify a child
16care provider under s. 48.651, a school board may not contract with a person under
17s. 120.13 (14)
issue an approval to operate a child care program to a person, and a
18child care program may not employ or contract with a caregiver specified in sub. (1)
19(ag) 1.
or noncaregiver employee or permit a household member to reside at the child
20care program
if the department, county department, contracted agency, school
21board,
licensing entity or child care program knows or should have known any of the
22following:
AB56,580 23Section 580. 48.686 (4m) (a) 1. of the statutes is amended to read:
AB56,508,324 48.686 (4m) (a) 1. That the person has been convicted of a serious crime or
25adjudicated delinquent on or after his or her 10th birthday for committing a serious

1crime or that the person is the subject of a pending criminal charge or delinquency
2petition alleging that the person has committed a serious crime on or after his or her
310th birthday
.
AB56,581 4Section 581. 48.686 (4m) (a) 2. of the statutes is created to read:
AB56,508,65 48.686 (4m) (a) 2. That the person is registered or is required to be registered
6on a state sex offender registry or repository or the national sex offender registry.
AB56,582 7Section 582. 48.686 (4m) (a) 5. of the statutes is amended to read:
AB56,508,128 48.686 (4m) (a) 5. That the department has determined the person ineligible
9to be licensed receive an approval to operate a child care center under s. 48.65, to be
10certified
to operate a child care provider under s. 48.651, to contract with a school
11board under s. 120.13 (14)
program, to be employed as a caregiver at by a child care
12program, or to be a nonclient resident at household member of a child care program.
AB56,583 13Section 583 . 48.686 (4m) (a) 6. of the statutes is amended to read:
AB56,508,1714 48.686 (4m) (a) 6. That the person has refused to provide information under
15sub. (2) (ag), or that the person refused to participate in, cooperate with, or submit
16required information for the criminal background check described in sub. (2) (am),
17including fingerprints.
AB56,584 18Section 584 . 48.686 (4m) (a) 7. of the statutes is amended to read:
AB56,508,2119 48.686 (4m) (a) 7. That the person knowingly made a materially false
20statement in connection with the person's criminal background check described in
21sub. (2).
AB56,585 22Section 585 . 48.686 (4m) (a) 8. of the statutes is amended to read:
AB56,508,2523 48.686 (4m) (a) 8. That the person knowingly omitted material information
24requested in connection with the person's criminal background check conducted
25under sub. (2).
AB56,586
1Section 586. 48.686 (4m) (ad) of the statutes is amended to read:
AB56,509,92 48.686 (4m) (ad) The department A licensing entity may license issue an
3approval to operate
a child care center under s. 48.65; the department in a county
4having a population of 750,000 or more, a county department, or an agency
5contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651;
6and a school board may contract with a person under s. 120.13 (14),
program to a
7person
conditioned on the receipt of the information specified in sub. (4p) (a)
8indicating that the person is not ineligible to be so licensed, certified, or contracted
9with for a reason specified in par. (a) 1. to 8.
AB56,587 10Section 587. 48.686 (4m) (c) of the statutes is amended to read:
AB56,509,2211 48.686 (4m) (c) A child care program may employ or contract with a potential
12caregiver or noncaregiver employee or permit a potential nonclient resident
13household member to reside at the child care program for up to 45 days from the date
14a background check request is submitted to the department pending the completion
15of the department's report under sub. (4p) (a) if the department provides a
16preliminary report under sub. (4p) (c) to the child care program indicating that the
17potential caregiver or nonclient resident individual is not ineligible to work or reside
18at a child care program. At all times that children in care clients of a child care
19program
are present, an individual who received a qualifying result on a background
20check described in sub. (2) (am) within the past 5 years must supervise a potential
21employee caregiver, noncaregiver employee, or nonclient resident household
22member
permitted to work or reside at the child care program under this paragraph.
AB56,588 23Section 588 . 48.686 (4p) (a) of the statutes is amended to read:
AB56,510,324 48.686 (4p) (a) The department shall provide the results of the criminal
25background check to the child care program in a written report that indicates only

1that the individual on whom the background check was conducted is eligible or
2ineligible for employment or to reside at the child care program, without revealing
3any disqualifying crime offense or other information regarding the individual.
AB56,589 4Section 589 . 48.686 (4p) (b) of the statutes is amended to read:
AB56,510,115 48.686 (4p) (b) The department shall provide the results of the criminal
6background check to the individual on whom the background check was conducted
7in a written report that indicates whether the individual is eligible or ineligible for
8employment or to reside at the child care program. If the individual is ineligible for
9employment or to reside at the child care program, the department's report shall
10include information on each disqualifying crime offense and information on the right
11to appeal.
AB56,590 12Section 590. 48.686 (4p) (c) of the statutes is amended to read:
AB56,510,2413 48.686 (4p) (c) Before the department completes its report under par. (a), a
14caregiver under sub. (1) (ag) 2. may submit a written request to the department for
15a preliminary report indicating whether a potential caregiver, noncaregiver
16employee,
or nonclient resident household member is eligible to work or reside at a
17child care program under sub. (4m) (c). If the department receives such a request,
18it shall provide a written preliminary report to that caregiver indicating whether the
19individual is barred from employment as a caregiver working or residence as a
20nonclient resident
residing at a child care program on the basis of a background
21check under sub. (2) (am) 1. or 7. If the individual is ineligible for employment or
22residence
to work or reside at a child care program based on the results of the
23preliminary report, the department shall also provide a preliminary report to the
24individual containing information related to each disqualifying crime offense.
AB56,591 25Section 591 . 48.686 (4p) (d) of the statutes is amended to read:
AB56,511,3
148.686 (4p) (d) The results of a report under par. (c) may not be appealed by
2the individual until receipt of the department's report under par. (b) following
3completion of all components of the criminal background check.
AB56,592 4Section 592 . 48.686 (4s) (a) of the statutes is amended to read:
AB56,511,95 48.686 (4s) (a) An individual who is the subject of the department's report on
6the results of a criminal background check may appeal the department's decision.
7Only the person who is the subject of the department's report may appeal the
8department's decision. Neither the child care program nor any other person may
9appeal the department's decision.
AB56,593 10Section 593. 48.686 (4s) (b) of the statutes is amended to read:
AB56,511,1611 48.686 (4s) (b) An appeal request shall be submitted to the department at the
12address, e-mail address, or fax number identified in the statement of appeal rights
13no later than 60 10 days after the date of the department's decision, unless the
14appellant requests, and the department grants, an extension for a specific amount
15of time prior to expiration of the 60 10 day appeal period. Extensions may be granted
16for good cause shown.
AB56,594 17Section 594 . 48.686 (4s) (f) of the statutes is amended to read:
AB56,511,1918 48.686 (4s) (f) The department shall sustain the results of its criminal
19background check report if supported by a preponderance of the available evidence.
AB56,595 20Section 595 . 48.686 (4s) (m) of the statutes is amended to read:
AB56,512,221 48.686 (4s) (m) Notwithstanding s. 19.35, the department may not publicly
22release or disclose the results of any criminal individual background report it issues,
23except that the department may release aggregated data by crime as listed in sub.
24(1) (c) from criminal background check results so long as the data does not contain
25personally identifiable information. The department may disclose and use

1information obtained in conducting criminal background checks as necessary during
2an appeal or reconsideration under this subsection or for another lawful purpose.
AB56,596 3Section 596. 48.686 (5) of the statutes is repealed and recreated to read:
AB56,512,64 48.686 (5) (a) A person may have the opportunity to demonstrate his or her
5rehabilitation to the department or to a tribe authorized to conduct a rehabilitation
6review under sub. (5d) if any of the following apply:
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