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).