SB59-SSA1,579
21Section 579
. 48.686 (4m) (a) (intro.) of the statutes is amended to read:
SB59-SSA1,333,822
48.686
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
23par. (ad) and sub. (5),
the department a licensing entity may not
license, or continue
24or renew the license of, a person to operate a child care center under s. 48.65, the
25department in a county having a population of 750,000 or more, a county
1department, or an agency contracted with under s. 48.651 (2) may not certify a child
2care provider under s. 48.651, a school board may not contract with a person under
3s. 120.13 (14) issue an approval to operate a child care program to a person, and a
4child care program may not employ or contract with a caregiver
specified in sub. (1)
5(ag) 1. or noncaregiver employee or permit a household member to reside at the child
6care program if the
department, county department, contracted agency, school
7board, licensing entity or child care program knows or should have known any of the
8following:
SB59-SSA1,580
9Section 580
. 48.686 (4m) (a) 1. of the statutes is amended to read:
SB59-SSA1,333,1410
48.686
(4m) (a) 1. That the person has been convicted of a serious crime or
11adjudicated delinquent
on or after his or her 10th birthday for committing a serious
12crime or that the person is the subject of a pending criminal charge or delinquency
13petition alleging that the person has committed a serious crime
on or after his or her
1410th birthday.
SB59-SSA1,581
15Section 581
. 48.686 (4m) (a) 2. of the statutes is created to read:
SB59-SSA1,333,1716
48.686
(4m) (a) 2. That the person is registered or is required to be registered
17on a state sex offender registry or repository or the national sex offender registry.
SB59-SSA1,582
18Section 582
. 48.686 (4m) (a) 5. of the statutes is amended to read:
SB59-SSA1,333,2319
48.686
(4m) (a) 5. That the department has determined the person ineligible
20to
be licensed receive an approval to operate a child care
center under s. 48.65, to be
21certified to operate a child care provider under s. 48.651, to contract with a school
22board under s. 120.13 (14) program, to be employed
as a caregiver at by a child care
23program, or to be a
nonclient resident at household member of a child care program.
SB59-SSA1,583
24Section 583
. 48.686 (4m) (a) 6. of the statutes is amended to read:
SB59-SSA1,334,4
148.686
(4m) (a) 6. That the person has refused to provide information under
2sub. (2) (ag), or that the person refused to participate in, cooperate with, or submit
3required information for the
criminal background check described in sub. (2) (am),
4including fingerprints.
SB59-SSA1,584
5Section 584
. 48.686 (4m) (a) 7. of the statutes is amended to read:
SB59-SSA1,334,86
48.686
(4m) (a) 7. That the person knowingly made a materially false
7statement in connection with the person's
criminal background check described in
8sub. (2).
SB59-SSA1,585
9Section 585
. 48.686 (4m) (a) 8. of the statutes is amended to read:
SB59-SSA1,334,1210
48.686
(4m) (a) 8. That the person knowingly omitted material information
11requested in connection with the person's
criminal background check conducted
12under sub. (2).
SB59-SSA1,586
13Section 586
. 48.686 (4m) (ad) of the statutes is amended to read:
SB59-SSA1,334,2114
48.686
(4m) (ad)
The department
A licensing entity may
license issue an
15approval to operate a child care
center under s. 48.65; the department in a county
16having a population of 750,000 or more, a county department, or an agency
17contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651;
18and a school board may contract with a person under s. 120.13 (14),
program to a
19person conditioned on the receipt of the information specified in sub. (4p) (a)
20indicating that the person is not ineligible to be so licensed, certified, or contracted
21with for a reason specified in par. (a) 1. to 8.
SB59-SSA1,587
22Section 587
. 48.686 (4m) (c) of the statutes is amended to read:
SB59-SSA1,335,923
48.686
(4m) (c) A child care program may employ or contract with a potential
24caregiver
or noncaregiver employee or permit a potential
nonclient resident 25household member to reside at the child care program for up to 45 days from the date
1a background check request is submitted to the department pending the completion
2of the department's report under sub. (4p) (a) if the department provides a
3preliminary report under sub. (4p) (c) to the child care program indicating that the
4potential caregiver or nonclient resident individual is not ineligible to work or reside
5at a child care program. At all times that
children in care clients of a child care
6program are present, an individual who received a qualifying result on a background
7check described in sub. (2) (am) within the past 5 years must supervise a potential
8employee caregiver, noncaregiver employee, or
nonclient resident household
9member permitted to work or reside at the child care program under this paragraph.
SB59-SSA1,588
10Section 588
. 48.686 (4p) (a) of the statutes is amended to read:
SB59-SSA1,335,1511
48.686
(4p) (a) The department shall provide the results of the
criminal 12background check to the child care program in a written report that indicates only
13that the individual on whom the background check was conducted is eligible or
14ineligible for employment or to reside at the child care program, without revealing
15any disqualifying
crime offense or other information regarding the individual.
SB59-SSA1,589
16Section 589
. 48.686 (4p) (b) of the statutes is amended to read:
SB59-SSA1,335,2317
48.686
(4p) (b) The department shall provide the results of the
criminal 18background check to the individual on whom the background check was conducted
19in a written report that indicates whether the individual is eligible or ineligible for
20employment or to reside at the child care program. If the individual is ineligible for
21employment or to reside at the child care program, the department's report shall
22include information on each disqualifying
crime
offense and information on the right
23to appeal.
SB59-SSA1,590
24Section 590
. 48.686 (4p) (c) of the statutes is amended to read:
SB59-SSA1,336,12
148.686
(4p) (c) Before the department completes its report under par. (a), a
2caregiver under sub. (1) (ag) 2. may submit a written request to the department for
3a preliminary report indicating whether a potential caregiver
, noncaregiver
4employee, or
nonclient resident household member is eligible to work or reside at a
5child care program under sub. (4m) (c). If the department receives such a request,
6it shall provide a written preliminary report to that caregiver indicating whether the
7individual is barred from
employment as a caregiver
working or
residence as a
8nonclient resident residing at a child care program on the basis of a background
9check under sub. (2) (am) 1. or 7. If the individual is ineligible
for employment or
10residence to work or reside at a child care program based on the results of the
11preliminary report, the department shall also provide a preliminary report to the
12individual containing information related to each disqualifying
crime offense.
SB59-SSA1,591
13Section 591
. 48.686 (4p) (d) of the statutes is amended to read:
SB59-SSA1,336,1614
48.686
(4p) (d) The results of a report under par. (c) may not be appealed by
15the individual until receipt of the department's report under par. (b) following
16completion of all components of the
criminal background check.
SB59-SSA1,592
17Section 592
. 48.686 (4s) (a) of the statutes is amended to read:
SB59-SSA1,336,2218
48.686
(4s) (a) An individual who is the subject of the department's report on
19the results of a
criminal background check may appeal the department's decision.
20Only the person who is the subject of the department's report may appeal the
21department's decision. Neither the child care program nor any other person may
22appeal the department's decision.
SB59-SSA1,593
23Section 593
. 48.686 (4s) (b) of the statutes is amended to read: