Since it was enacted in November 2009, and went into effect on February 1, Act 76 (or the caregiver background check law) has been met with mixed reactions from the child care field in Wisconsin. See our previous blog post for more information on Act 76.
Representative Tamara Grigsby, one of the original co-sponsors of the law, has created NEW waiver legislation (AB 887 and SB 642) that would change Act 76 in a variety of ways. First, it would remove permanent child care bars for providers and their non-provider residents who committed certain serious property crimes, background check violations, and public assistance fraud. These crimes would instead ban an individual from providing care for 5 years after the date of the conviction, sanction, or adjudication. Second, it would allow non-provider residents who have not been permanently barred to prove that they have been rehabilitated and/or that they are not a threat to the children receiving care at the residence. Click here to view the full waiver legislation.
The Committee on Children and Families in the Assembly will be holding a public hearing on the new waiver legislation this Wednesday, March 24, 2010 at 10 am in Capitol room 415 Northwest. Do you have a response to this new legislation? You can make a statement at the hearing or send Representative Grigsby, the chairperson of the Committee, a written statement either in favor of or in opposition to the bill.
According to Representative Grigsby, this bill will “address the most burdensome impact of Act 76, those individuals who have lost or surrendered their licenses due to a financial based crime or public assistance fraud. This bill would allow those individuals whose crimes were committed more than 5 years prior to go through the Department of Children and Families’ rehab/review process and request consideration for reinstatement of their license.”
WECA 
Sorry I don’t think those individuals who committed financial based crime or public assistance fraud should have their licenses reinstated. What a waste of time to make a law & then go back & make exceptions for these the law was created for in the first place.
You should seek help!!! You seem to try to be a judge!!!! What about mercy on people who have made wrong decisions in their lives and have served their debt to society. Shall they forever be bound to their past? I’m grateful that God is merciful and gracious and I’m grateful that you don’t have the power to be in control!!!
I believe that if a person has committed a crime and has served time for it that they should be given a second chance especially if the crime didn’t have anything to do with children. The law was passed unfairly in my opinion.
If you’ve broken the law, it’s not unfair!! I don’t want someone given a 2nd chance with my child. Regardless if these crimes involved children or not, it’s about trust. We should have the best working with young children, not just anyone who could be rehabbed! These are the people who make the child care field look bad.
In others words retail theft, stealing cable, stealing phone services should prevent a person from working with children. But sexual predators can be released from prison and put back into the community where children reside. If you have trust issues make sure that you do an extensive check on the child care you wish to put your child in. Its not fair to hold a person accountable for something that happened years before they opened their child care facility. The licensors jobs are to do background checks on all applicants. If there were any problems the applicant should have known then and not been able to open.
I have a clean record and I back this bill. There are too many “extenuating circumstances”. To “Slr” — do you realize that a licensed family child care provider in WI took in her bed-ridden unresponsive father on what is basically life support and had to surrender her licensed because her father had a DWI less than 5 years prior? This woman made a choice to care for her father after a brain stem stroke and was willing to pay for in-home care which is much more expensive than a nursing home. She made this choice so that she could oversee his care. Are you saying that this is justice? What about the provider who 29 years ago spent $20 in extra food stamps that were sent to her BY the county? She didn’t know they were sent in error. She paid them back but was found guilty of “public assistance fraud” — $20 are you kidding? For the last 29 years she’s cared for children — many of those years under WI Shares subsidy with not 1 overpayment — are you saying that it’s right to take away her child care business? This is happening over and over and over. Most of the people affected by this law have similar situations. It’s time to make this right. The law went too far. If the authors of Act 76 realize this it’s time for the public to realize it too! Do you realize how many families and their children have been displaced? Have you been to the hearings and heard the stories? Are you one of those who reads the Milwaukee Journal Sentinel and believes everything they print? Do you know that the “widespread fraud of 22.5 million dollars” isn’t REAL. Have you read the December 2009, LAB report — that figure was an ESTIMATE. The State won’t release the actual dollar amount of fraud. Have they convicted 1 ONE person of subsidy fraud since this all started? You should do a little research and find out. It behooves the State to keep us all in the dark about the actual fraud that went on — and just how minor it really was– because they want to scare everyone into getting the Quality Rating and Improvement System (YoungStar) passed and this is their newest idea on how to get it passed. You need to quit listening to the hype. Get educated for goodness sakes and start thinking rationally about this. NO ONE — especially not the legislators proposing these changes — is suggesting that people who’ve committed serious and/or violent crimes be allowed to care for children. There’s a big difference though between stealing cable or not reporting that your aunt gave you a beat up car worth $200 that you didn’t report as income to your county while you were receiving food stamps. So many have made mistakes. Unless you are perfect, (or are a member of the judicial system) you have no right to judge and cast stones.
It’s sad that people are so easily convinced by what they read. The media prints an ad and then Joe Public says, “those child care providers are criminals and fraudsters.” NOT SO, JOE! Some people have committed crimes previously, but once you’ve paid your debt if you are functioning legally the dept. Shouldn’t be able to go back to what you did a decade ago and end your business! What’s the point of serving time, probation or fines then??? Come on people…let’s get to the REAL issue here! It’s as clear as daylight!