SB59-SSA1,535 12Section 535 . 48.651 (3) (b) of the statutes is amended to read:
SB59-SSA1,320,213 48.651 (3) (b) If a child care provider certified under sub. (1) is the subject of
14a pending criminal charge alleging that the person has committed a serious crime,
15as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a
16nonclient resident, as defined in s. 48.686 (1) (bm), of the
person subject to a
17background check under s. 48.686 (2) who operates, works at, or resides at a
child
18care provider certified under sub. (1) is the subject of a pending criminal charge or
19delinquency petition alleging that the person has committed a serious crime on or
20after his or her 10th birthday
, the department in a county having a population of
21750,000 or more, a county department, or an agency contracted with under sub. (2)
22shall immediately suspend the certification of the child care provider until the
23department, county department, or agency obtains information regarding the final
24disposition of the charge or delinquency petition indicating that the person is not

1ineligible to be certified under sub. (1) operate, work at, or reside at the child care
2provider
.
SB59-SSA1,536 3Section 536 . 48.685 (1) (ao) of the statutes is created to read:
SB59-SSA1,320,54 48.685 (1) (ao) “Congregate care facility” means a group home, shelter care
5facility, or residential care center for children and youth.
SB59-SSA1,537 6Section 537 . 48.685 (1) (ap) of the statutes is created to read:
SB59-SSA1,320,107 48.685 (1) (ap) “Congregate care worker” means an adult who works in a
8congregate care facility. “Congregate care worker” includes a person who has or is
9seeking a license to operate a congregate care facility and does not include an unpaid
10volunteer.
SB59-SSA1,538 11Section 538 . 48.685 (1) (c) 2. of the statutes is amended to read:
SB59-SSA1,320,1612 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
13(2), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295,
14942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05,
15948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am),
16948.12, 948.13, 948.21 (2), 948.215, 948.30, or 948.53.
SB59-SSA1,539 17Section 539 . 48.685 (2) (am) 5. of the statutes is amended to read:
SB59-SSA1,321,518 48.685 (2) (am) 5. Information maintained by the department of health services
19under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979
20(1) (b) regarding any denial to the person of a license, or continuation or renewal of
21a license to operate an entity, or of payments under s. 48.623 (6) for operating an
22entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the
23person of employment at, a contract with, or permission to reside at an entity or of
24permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason
25specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision

1indicates that the person has been denied a license, or continuation or renewal of a
2license, payments, employment, a contract, or permission to reside as described in
3this subdivision, the department, a county department, or a child welfare agency
4need not obtain the information specified in subds. 1. to 4., and the department need
5not obtain a fingerprint-based background check under par. (ba).
SB59-SSA1,540 6Section 540 . 48.685 (2) (b) (intro.) of the statutes is amended to read:
SB59-SSA1,321,117 48.685 (2) (b) (intro.) Every entity shall obtain all of the following with respect
8to a caregiver specified in sub. (1) (ag) 1. a. or am. of the entity and, with respect to
9a nonclient resident of a caregiver specified in sub. (1) (ag) 1. am., and with respect
10to a congregate care worker, except a caregiver specified in sub. (1) (ag) 1. b.,
of the
11entity:
SB59-SSA1,541 12Section 541 . 48.685 (2) (ba) of the statutes is created to read:
SB59-SSA1,321,1913 48.685 (2) (ba) If the person who is the subject of the search under par. (am)
14or (b) is a congregate care worker, the department shall obtain a fingerprint-based
15check of the national crime information databases, as defined in 28 USC 534 (f) (3)
16(A), unless the search has been terminated under par. (am) 5. or (b) 5m. The
17department, county department, or child welfare agency may release any
18information obtained under this paragraph only as permitted under 32 USC 20962
19(e).
SB59-SSA1,542 20Section 542 . 48.685 (2) (bb) of the statutes is amended to read:
SB59-SSA1,322,1221 48.685 (2) (bb) If information obtained under par. (am) or, (b), or (ba) indicates
22a charge of a serious crime, but does not completely and clearly indicate the final
23disposition of the charge, the department, county department, child welfare agency,
24or entity shall make every reasonable effort to contact the clerk of courts to determine
25the final disposition of the charge. If a background information form under sub. (6)

1(a) or (am) indicates a charge or a conviction of a serious crime, but information
2obtained under par. (am) or, (b) , or (ba) does not indicate such a charge or conviction,
3the department, county department, child welfare agency, or entity shall make every
4reasonable effort to contact the clerk of courts to obtain a copy of the criminal
5complaint and the final disposition of the complaint. If information obtained under
6par. (am) or, (b), or (ba), a background information form under sub. (6) (a) or (am),
7or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
8940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
9the date on which that information was obtained, the department, county
10department, child welfare agency, or entity shall make every reasonable effort to
11contact the clerk of courts to obtain a copy of the criminal complaint and judgment
12of conviction relating to that violation.
SB59-SSA1,543 13Section 543 . 48.685 (2) (bg) of the statutes is amended to read:
SB59-SSA1,322,2214 48.685 (2) (bg) If an entity employs or contracts with a caregiver or congregate
15care worker
for whom, within the last year, the information required under par. (b)
161m. to 3m. and 5m. has already been obtained by another entity, the entity may
17obtain that information from that other entity, which shall provide the information,
18if possible, to the requesting entity. If an entity cannot obtain the information
19required under par. (b) 1m. to 3m. and 5m. from another entity or if an entity has
20reasonable grounds to believe that any information obtained from another entity is
21no longer accurate, the entity shall obtain that information from the sources
22specified in par. (b) 1m. to 3m. and 5m.
SB59-SSA1,544 23Section 544 . 48.685 (2) (bm) of the statutes is amended to read:
SB59-SSA1,323,1724 48.685 (2) (bm) If the person who is the subject of the search under par. (am)
25or (b) is not a resident of this state, or if at any time within the 5 years preceding the

1date of the search that person has not been a resident of this state, or if the
2department, county department, child welfare agency, or entity determines that the
3person's employment, licensing, or state court records provide a reasonable basis for
4further investigation, the department, county department, child welfare agency, or
5entity shall make a good faith effort to obtain from any state or other United States
6jurisdiction in which the person is a resident or was a resident within the 5 years
7preceding the date of the search information that is equivalent to the information
8specified in par. (am) 1. or (b) 1m. The department, county department, child welfare
9agency, or entity may require the person to be fingerprinted on 2 fingerprint cards,
10each bearing a complete set of the person's fingerprints, or by other technologies
11approved by law enforcement agencies. The department of justice may provide for
12the submission of the fingerprint cards or fingerprints by other technologies to the
13federal bureau of investigation for the purposes of verifying the identity of the person
14fingerprinted and obtaining records of his or her criminal arrests and convictions.
15The department, county department, or child welfare agency may not use any
16information obtained under this paragraph for any purpose other than a search of
17the person's background under par. (am) or (b).
SB59-SSA1,545 18Section 545 . 48.685 (2) (c) 1. of the statutes is amended to read:
SB59-SSA1,324,319 48.685 (2) (c) 1. If the person who is the subject of the search under par. (am)
20is seeking an initial license to operate a foster home or is seeking relicensure after
21a break in licensure, the department, county department, or child welfare agency
22shall request under 42 USC 16962 34 USC 20962 (b) a fingerprint-based check of the
23national crime information databases, as defined in 28 USC 534 (f) (3) (A). If that
24person is seeking subsidized guardianship payments under s. 48.623 (6), the
25department in a county having a population of 750,000 or more or county department

1shall request that fingerprint-based check. The department, county department, or
2child welfare agency may release any information obtained under this subdivision
3only as permitted under 42 USC 16962 34 USC 20962 (e).
SB59-SSA1,546 4Section 546 . 48.685 (2) (d) of the statutes is amended to read:
SB59-SSA1,324,85 48.685 (2) (d) Every entity shall maintain, or shall contract with another
6person to maintain, the most recent background information obtained on a caregiver
7or congregate care worker under par. (b). The information shall be made available
8for inspection by authorized persons, as defined by the department by rule.
SB59-SSA1,547 9Section 547 . 48.685 (3) (b) of the statutes is amended to read:
SB59-SSA1,324,1410 48.685 (3) (b) Every 4 years or at any time within that period that an entity
11considers appropriate, the entity shall request the information specified in sub. (2)
12(b) 1m. to 5m. for all persons who are caregivers specified in sub. (1) (ag) 1. a. or am.
13of the entity and for all nonclient residents of a caregiver specified in sub. (1) (ag) 1.
14am. of the entity
subject to sub. (2) (b).
SB59-SSA1,548 15Section 548 . 48.685 (3) (c) of the statutes is created to read:
SB59-SSA1,324,1816 48.685 (3) (c) Every 4 years or at any time within that period that the
17department considers appropriate, the department shall obtain the information
18specified in sub. (2) (ba) for all persons who are congregate care workers.
SB59-SSA1,549 19Section 549 . 48.685 (4m) (a) 1. of the statutes is amended to read: