Bills · 2009-2010 Regular Session

SB 331

prohibiting a person who has been convicted or adjudicated delinquent for committing certain serious crimes or who is the subject of a pending criminal charge or delinquency petition for committing a serious crime 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 reside at a premises where child care is provided and making an appropriation.

Introduced, completed
Passes Senate, completed
Passes Assembly, completed
Governor signs, completed
Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, the Department of Children and Families (DCF) may not

license a person to operate a day care center; DCF in a county having a population

of 500,000 or more, a county department of human services or social services (county

department), or an agency contracted by DCF to certify day care providers for

purposes of reimbursement under the Wisconsin Works Program (contracted

agency) may not certify a day care provider for those purposes; and a school board

may not contract with a person to provide a day care program (collectively "child care

provider") if the person has been convicted or adjudicated delinquent on or after his

or her 12th birthday for committing a serious crime, as defined under current law,

unless the person shows that he or she has been rehabilitated.

Similarly, a child care provider may not employ or contract with a caregiver or

permit a nonclient resident to reside at a premises where child care is provided if the

caregiver or nonclient resident has been convicted or adjudicated delinquent on or

after his or her 12th birthday for committing a serious crime, as defined under

current law, unless the caregiver or nonclient resident shows that he or she has been

rehabilitated. Currently, "serious crime" is defined to include certain crimes against

life or bodily security and certain crimes against children that are felonies.

This bill prohibits any person who has been convicted or adjudicated delinquent

on or after his or her 12th birthday for committing any of the following serious crimes

or who is the subject of a pending criminal charge or delinquency petition alleging

that the person has committed any of the following serious crimes on or after his or

her 12th birthday 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. Any crime against children that is a felony, other than felony failure to pay

child, spousal, or grandchild support or felony hazing.

2. Felony battery, if the victim is the spouse of the person.

3. First-degree or second-degree intentional or reckless homicide, felony

murder, mayhem, felony sexual assault, reckless injury, taking hostages,

kidnapping, felony endangering safety by use of a dangerous weapon, disarming a

police officer, armed burglary, or armed robbery.

4. A violation of the background check law, if the violation involves the

provision of false information to DCF, a county department, a contracted agency, a

school board, or a child care provider.

5. 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

What it would cost

Fiscal estimates filed by state agencies, as official PDFs