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: