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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:
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).
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