Criminals in State Child-Care Program Must be Stopped

State Representative Mark Gundrum (R-New Berlin) is deeply concerned about what he calls an "out of control" state child-care program that allows dangerous criminals to be licensed as child-care providers and receive tens of thousands of dollars in taxpayer funds. Gundrum is calling for major reforms to the system to ensure Wisconsin children are not being entrusted to the care of dangerous offenders and to help prevent further bilking of taxpayers through the system.

"Wisconsin Shares is out-of-control," Gundrum said, after learning from a Milwaukee Journal Sentinel investigative report how state licenses and hundreds of thousands of taxpayer dollars are going to individuals who have been convicted of dangerous offenses and pose a serious health and safety threat to children. "Not another license and not another dime of taxpayer money should be going to these operations," Gundrum said. "It is hard to dream up a better example of a system that is in need of legislative oversight and reform."

To address the issue, Gundrum said he is drafting legislation that would seek to accomplish, at a minimum, the following:

1. Prohibit anyone with any felony conviction or any misdemeanor conviction involving sexual offenses, child abuse, domestic abuse, financial dishonesty, or certain drug offenses from being licensed as a child-care provider;

2. Prohibit anyone who has had a restraining order issued against him or her within the last 15 years from being licensed as a child-care provider;

3. Prohibit any licensed day care facility from being operated at a premises where a person convicted of any of the above offenses resides;

4. Prohibit any licensed facility from employing any individuals who have been convicted of any of the above offenses;

5. Require that no less than every six months, the Department of Children and Families will do a review of all license holders to ensure they have not been convicted of an offense falling into one of the above categories. If, for example, the Department reviews CCAP and finds that a license holder has apparently been convicted of an offense falling into one of the above categories, they will need to confirm that conviction with a certified judgment of conviction within no less than 30 days and, once confirmed, immediately revoke that person's license and cease any payments being made to that provider, including payments for any child-care services provided by that person after the date of the conviction; and

6. Require that once Department of Children and Families officials are alerted (from the review that is required every six months at a minimum OR if alerted through any other mechanism) that a licensed provider has been charged with one of the above offenses (though not yet convicted), the Department shall immediately begin its own inquiry into the legitimacy of the offense. If the Department concludes that it is more likely than not (a lower standard than the criminal requirement of "beyond a reasonable doubt") that one of the above offenses has been committed, regardless of whether the person has been criminally convicted of that offense or not, the Dept. shall immediately revoke that persons license (or refuse to issue) and shall cease any payments from being made to that provider including for any services rendered by that provider after the date of the determination.

Gundrum said he is hopeful the legislative bill drafters will be able to get the proposal drafted and ready for introduction shortly after completion of the budget.