LRB-4562/2
GMM:kjf:ph
2009 - 2010 LEGISLATURE
March 24, 2010 - Introduced by Senators Vinehout and Taylor, cosponsored by
Representatives Grigsby, Kessler, A. Williams and Fields. Referred to
Committee on Children and Families and Workforce Development.
SB642,2,2 1An Act to amend 48.685 (4m) (a) 1., 48.685 (4m) (b) 1., 48.685 (5) (br) (intro.),
248.685 (5) (br) 3., 48.685 (5) (br) 3m., 48.685 (5) (br) 4., 48.685 (5) (br) 5., 48.685
3(5c) (a), 48.685 (5c) (b), 48.685 (5c) (c), 48.685 (5d) (a) (intro.), 48.685 (5d) (a) 1.,
448.685 (5d) (a) 3., 48.685 (5d) (a) 4., 48.685 (5d) (a) 5. and 48.685 (5g); and to
5create
48.685 (5) (bt) of the statutes; relating to: the period for which a person
6who has been convicted, sanctioned, or adjudicated delinquent for committing
7certain serious crimes is prohibited from being licensed, certified, or contracted
8with to provide child care, from being employed or contracted as a caregiver of
9a child care provider, or from being permitted to reside at a premises where
10child care is provided, permitting a person who is not permanently barred from
11residing at such a premises to demonstrate that he or she is not a threat to the

1safety of the children receiving care at the premises, and granting rule-making
2authority.
Analysis by the Legislative Reference Bureau
Current law prohibits any person who has been convicted, sanctioned, or
adjudicated delinquent on or after his or her 12th birthday for committing certain
violations, including any of the following violations, from being licensed, certified, or
contracted with to provide child care, from being employed or contracted as a
caregiver of a child care provider, or from being permitted to be a nonclient resident
of a premises where child care is provided and prohibits such a person from showing
that he or she has been rehabilitated:
1. For purposes of being licensed, certified, or contracted with to provide child
care, identity theft, robbery, forgery, felony receiving stolen property, felony
insurance fraud, a felony credit card crime, felony theft of telecommunication
services, commercial mobile service, video service, or satellite cable programming,
felony retail theft, a felony computer crime, or a felony crime against a financial
institution (serious property crime).
2. A violation of the background check law, if the violation involves the
provision of false information to the Department of Children and Families, a county
department of human services or social services, an agency contracted with to certify
child care providers for purposes of reimbursement under the Wisconsin Works
program, a school board, or a child care provider (background check violation).
3. An offense involving fraudulent activity as a participant in the Wisconsin
Works program, including as a recipient of a child care subsidy under that program,
or as a recipient of aid to families with dependent children, medical assistance, food
stamp benefits, supplemental security payments, payments for the support of
children of supplemental security income recipients, or health care benefits under
the Badger Care program (public assistance fraud).
This bill reduces the period for which a person who has committed a serious
property crime, a background check violation, or public assistance fraud from being
licensed, certified, or contracted with to provide child care, from being employed or
contracted as a caregiver of a child care provider, or from being permitted to be a
nonclient resident of a premises where child care is provided from a permanent bar
to a bar of five years after the person was convicted, sanctioned, or adjudicated
delinquent for that crime, violation, or fraud.
The bill also permits a person who is not permanently barred from showing that
he or she has been rehabilitated to reside at a premises where child care is provided
if, in lieu of demonstrating that he or she has been rehabilitated, the person
demonstrates that he or she is not a threat to the safety of the children receiving care
at the premises.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB642, s. 1 1Section 1. 48.685 (4m) (a) 1. of the statutes, as affected by 2009 Wisconsin Acts
276
and 185, is amended to read:
SB642,3,113 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or, if
4the person is an applicant for issuance or continuation of a license to operate a child
5care center or for initial certification under s. 48.651 or for renewal of that
6certification or if the person is proposing to contract with a school board under s.
7120.13 (14) or to renew a contract under that subsection, that the person has been
8convicted of a serious crime, sanctioned, or adjudicated delinquent on or after his or
9her 12th birthday for committing a serious crime or that the person is the subject of
10a pending criminal charge, sanction, or delinquency petition alleging that the person
11has committed a serious crime on or after his or her 12th birthday.
SB642, s. 2 12Section 2. 48.685 (4m) (b) 1. of the statutes, as affected by 2009 Wisconsin Acts
1376
and 185, is amended to read:
SB642,3,2114 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if
15the person is a caregiver or nonclient resident of a child care center that is licensed
16under s. 48.65 or established or contracted for under s. 120.13 (14) or of a child care
17provider that is certified under s. 48.651, that the person has been convicted of a
18serious crime
, sanctioned, or adjudicated delinquent on or after his or her 12th
19birthday for committing a serious crime or that the person is the subject of a pending
20criminal charge, sanction, or delinquency petition alleging that the person has
21committed a serious crime on or after his or her 12th birthday.
SB642, s. 3
1Section 3. 48.685 (5) (br) (intro.) of the statutes, as created by 2009 Wisconsin
2Act 76
, is amended to read:
SB642,4,123 48.685 (5) (br) (intro.) For purposes of licensing a person to operate a day care
4center under s. 48.65, certifying a day care provider under s. 48.651, or contracting
5with a person under s. 120.13 (14) to operate a day care center or of permitting a
6person to be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day
7care center or day care provider, no person who has been convicted , sanctioned, or
8adjudicated delinquent on or after his or her 12th birthday for committing any of the
9following offenses or who is the subject of a pending criminal charge , sanction, or
10delinquency petition alleging that the person has committed any of the following
11offenses on or after his or her 12th birthday may be permitted to demonstrate that
12he or she has been rehabilitated:
SB642, s. 4 13Section 4. 48.685 (5) (br) 3. of the statutes, as created by 2009 Wisconsin Act
1476
, is amended to read:
SB642,4,1715 48.685 (5) (br) 3. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21,
16940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2),
17or 943.32 (2), or 943.87.
SB642, s. 5 18Section 5. 48.685 (5) (br) 3m. of the statutes, as created by 2009 Wisconsin Act
1976
, is amended to read:
SB642,5,220 48.685 (5) (br) 3m. Except for purposes of permitting a person to be a nonclient
21resident or caregiver specified in sub. (1) (ag) 1. a. of a day care center or day care
22provider, a violation of s. 943.201, 943.203, 943.32 (2) (1), or 943.38 (1) or (2); a
23violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1),
24943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that
25is a felony; or an offense under subch. IV of ch. 943 that is a felony , if the person was

1convicted of or adjudicated delinquent for the violation less than 5 years before the
2date of the investigation under sub. (2) (am) or (b) 1
.
SB642, s. 6 3Section 6. 48.685 (5) (br) 4. of the statutes, as created by 2009 Wisconsin Act
476
, is amended to read:
SB642,5,105 48.685 (5) (br) 4. A violation of sub. (2), (3), (4m) (b), or (6), if the violation that
6involves the provision of false information to or the intentional withholding of
7information from the department, a county department, an agency contracting
8under s. 48.651 (2), a school board, or an entity, if the person was sanctioned under
9sub. (4) or (6) (c) for the violation less than 5 years before the date of the investigation
10under sub. (2) (am) or (b) 1
.
SB642, s. 7 11Section 7. 48.685 (5) (br) 5. of the statutes, as created by 2009 Wisconsin Act
1276
, is amended to read:
SB642,5,2213 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in
14the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of
15a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent
16children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps
17benefits under the food stamp program under 7 USC 2011 to 2036, supplemental
18security income payments under s. 49.77, payments for the support of children of
19supplemental security income recipients under s. 49.775, or health care benefits
20under the Badger Care health care program under s. 49.665, if the person was
21convicted of or adjudicated delinquent for the offense less than 5 years before the date
22of the investigation under sub. (2) (am) or (b) 1
.
SB642, s. 8 23Section 8. 48.685 (5) (bt) of the statutes is created to read:
SB642,6,1124 48.685 (5) (bt) Notwithstanding pars. (a) and (br), a person who is licensed to
25operate a child care center under s. 48.65, certified to provide child care under s.

148.651, or contracted with to operate a child care center under s. 120.13 (14) may
2permit a person who has not been convicted of an offense or violation specified in par.
3(br) 1. to 3. to be a nonclient resident of the child care center or child care provider
4if the person, in lieu of demonstrating under par. (a) that he or she has been
5rehabilitated, demonstrates to the department, the county department, the
6contracted agency, the school board or, in the case of a child care center or child care
7provider that is located within the boundaries of a reservation, the person or body
8designated by the Indian tribe under sub. (5d) (a) 3. by clear and convincing evidence
9and in accordance with procedures established by the department by rule or by the
10Indian tribe that he or she is not a threat to the safety of the children receiving care
11from the child care center or child care provider.
SB642, s. 9 12Section 9. 48.685 (5c) (a) of the statutes, as affected by 2009 Wisconsin Act 76,
13is amended to read:
SB642,6,1914 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) or (bt)
15to demonstrate to the department, an agency contracted with under s. 48.651 (2), or
16a child welfare agency that he or she has been rehabilitated or that he or she is not
17a threat to the safety of children
may appeal to the secretary or his or her designee.
18Any person who is adversely affected by a decision of the secretary or his or her
19designee under this paragraph has a right to a contested case hearing under ch. 227.
SB642, s. 10 20Section 10. 48.685 (5c) (b) of the statutes is amended to read:
SB642,7,221 48.685 (5c) (b) Any person who is permitted but fails under sub. (5) (a) or (bt)
22to demonstrate to the county department that he or she has been rehabilitated or
23that he or she is not a threat to the safety of children
may appeal to the director of
24the county department or his or her designee. Any person who is adversely affected

1by a decision of the director or his or her designee under this paragraph has a right
2to appeal the decision under ch. 68.
SB642, s. 11 3Section 11. 48.685 (5c) (c) of the statutes is amended to read:
SB642,7,94 48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) or (bt)
5to demonstrate to the school board that he or she has been rehabilitated or that he
6or she is not a threat to the safety of children
may appeal to the state superintendent
7of public instruction or his or her designee. Any person who is adversely affected by
8a decision of the state superintendent or his or her designee under this paragraph
9has a right to a contested case hearing under ch. 227.
SB642, s. 12 10Section 12. 48.685 (5d) (a) (intro.) of the statutes, as affected by 2009
11Wisconsin Act 94
, is amended to read:
SB642,7,1512 48.685 (5d) (a) (intro.) Any Indian tribe that chooses to conduct rehabilitation
13reviews under sub. (5) (a) or threat to safety reviews under sub. (5) (bt) shall submit
14to the department a rehabilitation or threat to safety review plan that includes all
15of the following:
SB642, s. 13 16Section 13. 48.685 (5d) (a) 1. of the statutes is amended to read:
SB642,7,1817 48.685 (5d) (a) 1. The criteria to be used to determine if a person has been
18rehabilitated or is not a threat to the safety of children.
SB642, s. 14 19Section 14. 48.685 (5d) (a) 3. of the statutes, as affected by 2009 Wisconsin Act
2094
, is amended to read:
SB642,7,2321 48.685 (5d) (a) 3. The title of the person or body designated by the Indian tribe
22to determine whether a person has been rehabilitated or is not a threat to the safety
23of children
.
SB642, s. 15 24Section 15. 48.685 (5d) (a) 4. of the statutes, as affected by 2009 Wisconsin Act
2594
, is amended to read:
SB642,8,4
148.685 (5d) (a) 4. The manner in which the Indian tribe will submit information
2relating to a rehabilitation or threat to safety review to the department so that the
3department may include that information in its report to the legislature required
4under sub. (5g).
SB642, s. 16 5Section 16. 48.685 (5d) (a) 5. of the statutes is amended to read:
SB642,8,96 48.685 (5d) (a) 5. A copy of the form to be used to request a review and a copy
7of the form on which a written decision is to be made regarding whether a person has
8demonstrated rehabilitation that he or she has been rehabilitated or is not a threat
9to the safety of children
.
SB642, s. 17 10Section 17. 48.685 (5g) of the statutes is amended to read:
SB642,8,1911 48.685 (5g) Beginning on January 1 1999 2011, and annually thereafter, the
12department shall submit a report to the legislature under s. 13.172 (2) that specifies
13the number of persons in the previous year who have requested to demonstrate that
14they have been rehabilitated under sub. (5) (a) or that they are not a threat to the
15safety of children under sub. (5) (bt)
, the number of persons who successfully
16demonstrated that they have been rehabilitated under sub. (5) (a) or that they are
17not a threat to the safety of children under sub. (5) (bt),
and the reasons for the
18success or failure of a person who has attempted to demonstrate that he or she has
19been rehabilitated or that he or she is not a threat to the safety of children.
SB642, s. 18 20Section 18. Initial applicability.
SB642,9,321 (1) Retroactive application. This act first applies to a decision to deny,
22suspend, revoke, rescind, or refuse to renew a license under section 48.65 of the
23statutes, a certification under section 48.651 of the statutes, or a contract under
24section 120.13 (14) of the statutes or to permit a person to be a nonclient resident or
25caregiver, as defined in section 48.685 (1) (ag) 1. a. of the statutes, of a child care

1center or child care provider made on the effective date of this subsection,
2notwithstanding that the conviction, sanction, or adjudication on which the decision
3is based was obtained or filed before the effective date of this subsection.
SB642, s. 19 4Section 19. Effective date.
SB642,9,65 (1) Background investigations of child care providers. This act takes effect
6on the first day of the 3rd month beginning after publication.
SB642,9,77 (End)
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