AB385,7
19Section
7. DCF 202.02 (1s) of the administrative code is created to read:
AB385,4,2420
DCF 202.02
(1s) "Certification agency" means the department in a county
21having a population of 750,000 or more; a county department of social services
22established under s. 46.22, Stats.; a county department of human services
23established under s. 46.23, Stats.; a tribal agency; or any agency that contracts with
24any of those entities to certify child care operators under s. 48.651, Stats.
AB385,8
25Section
8. DCF 202.02 (2) of the administrative code is amended to read:
AB385,5,4
1DCF 202.02
(2) "Certified child care home" or "home" means the residence in
2which the certified child care operator provides care of children and which meets the
3standards under s. DCF 202.08 for reimbursement of care by
county or tribal 4certification agencies.
AB385,9
5Section
9. DCF 202.02 (3h) of the administrative code is amended to read:
AB385,5,96
DCF 202.02
(3h) "Child care certification worker" means a person employed
7by
a county, a governing body of a federally-recognized American Indian tribe, or 8an agency
under contract with a county or tribe whose duties include determination
9of eligibility for child care certification.
AB385,10
10Section
10. DCF 202.02 (4) of the administrative code is repealed.
AB385,11
11Section
11. DCF 202.02 (14) of the administrative code is amended to read:
AB385,5,1312
DCF 202.02
(14) "
Physician's
Physician assistant" means a health care
13professional certified under s. 448.04 (1) (f), Stats., and ch. Med 8.
AB385,12
14Section
12. DCF 202.04 (3) (a) of the administrative code is amended to read:
AB385,5,1815
DCF 202.04
(3) (a)
Form. Application for certification shall be made on a form
16available from the
county or tribal certification agency in the county or tribal
17territory where the child care is provided. The applicant shall submit the completed
18form to that
county or tribal certification agency.
AB385,13
19Section
13. DCF 202.04 (3) (d) of the administrative code is amended to read:
AB385,5,2120
DCF 202.04
(3) (d)
Compliance with standards and certification. The
county
21or tribal certification agency shall process all certification applications as follows:
AB385,5,2422
1. If the application is for certification under sub. (2) (a), the
county or tribal 23certification agency shall review the application for compliance with standards
24under s. DCF 202.08 prior to issuing a certificate.
AB385,6,6
12. If the application is for certification under sub. (2) (b), the
county or tribal 2certification agency shall refer the application to a licensing representative in the
3department regional office. The licensing representative shall determine whether
4the applicant is in compliance with all standards under s. DCF 202.09 and report
5back to the
county or tribal certification agency. The
county or tribal certification 6agency may issue a certificate based on the licensing representative's report.
AB385,14
7Section
14. DCF 202.04 (3) (e) (intro.) of the administrative code is amended
8to read:
AB385,6,159
DCF 202.04
(3) (e)
Approval. (intro.) Within 60 days after receiving a
10completed application for certification or recertification and satisfactory
11investigation and determination that the applicant is fit, the
county or tribal 12certification agency shall either approve the application and issue a certificate or
13deny the application.
Fit "Fit" means the applicant displays the capacity to
14successfully nurture and care for children and includes consideration of any of the
15following:
AB385,15
16Section
15. DCF 202.04 (3) (f) of the administrative code is amended to read:
AB385,6,1917
DCF 202.04
(3) (f) The
county or tribal certification agency may backdate a
18certificate of approval to the date that the
county or tribal certification agency
19received the applicant's completed application for certification.
AB385,16
20Section
16. DCF 202.04 (4) (a) of the administrative code is amended to read:
AB385,6,2521
DCF 202.04
(4) (a) A
county or tribal
certification agency may charge a fee for
22family child care certification not to exceed 150 percent of the licensing fee for a
23family child care center that provides care and supervision for 4 to 8 children, under
24s. 48.65 (3) (a), Stats., plus the costs of criminal record checks required under s.
2548.685, Stats.
AB385,17
1Section
17. DCF 202.04 (4) (b) of the administrative code is amended to read:
AB385,7,52
DCF 202.04
(4) (b) The
county or tribal certification agency may charge a fee
3for school-age child care certification not to exceed the licensing fee for a group child
4care center that provides care and supervision for 9 or more children under s. 48.65
5(3) (a), Stats., plus the costs of criminal record checks required under s. 48.685, Stats.
AB385,18
6Section
18. DCF 202.04 (5) (intro.) of the administrative code is amended to
7read:
AB385,7,108
DCF 202.04
(5) Categories of family certification. (intro.) Certification of
9 a provider an operator by a
county or tribal certification agency shall be Level I
10(regular) or Level II (provisional) as follows:
AB385,19
11Section
19. DCF 202.04 (6) (a) of the administrative code is amended to read:
AB385,7,1412
DCF 202.04
(6) (a) The
county or tribal certification agency responsible for
13certification of
a provider an operator shall be determined by the geographic area
14in which the child care is provided.
AB385,20
15Section
20. DCF 202.04 (6) (b) of the administrative code is amended to read:
AB385,7,1816
DCF 202.04
(6) (b) Certification issued to
a provider an operator by a
county
17or tribal certification agency shall be accepted as valid by all other agencies
18authorized to certify providers.
AB385,21
19Section
21. DCF 202.04 (6) (c) of the administrative code is amended to read:
AB385,7,2220
DCF 202.04
(6) (c) The
county or tribal certification agency shall ensure that
21each new day care certification worker completes the department-approved
22certification training during the first 6 months of employment.
AB385,22
23Section
22. DCF 202.04 (7) (a) of the administrative code is amended to read:
AB385,8,3
1DCF 202.04
(7) (a)
Qualifications of certified child care operators. County and
2tribal Certification agencies shall maintain records demonstrating child care
3operator compliance with s. DCF 202.08 (1).
AB385,23
4Section
23. DCF 202.04 (7) (b) 1. of the administrative code is amended to read:
AB385,8,75
DCF 202.04
(7) (b) 1. `General.'
County and tribal Certification agencies shall
6help assure operator compliance with s. DCF 202.08 (2) to (12) in accordance with
7this section.
AB385,24
8Section
24. DCF 202.04 (7) (b) 2. (intro.) of the administrative code is amended
9to read:
AB385,8,1110
DCF 202.04
(7) (b) 2. `Required procedures.' (intro.) A
county or tribal 11certification agency shall:
AB385,25
12Section
25. DCF 202.04 (7) (b) 3. (intro.) of the administrative code is amended
13to read:
AB385,8,1514
DCF 202.04
(7) (b) 3. `Optional procedures.' (intro.) A
county or tribal 15certification agency may:
AB385,26
16Section
26. DCF 202.04 (7) (b) 3. e. of the administrative code is amended to
17read:
AB385,8,2418
DCF 202.04
(7) (b) 3. e. Require an evaluation and written statement by a
19physician or licensed mental health professional of any person associated with the
20care of children or any household resident if the
county or tribal certification agency
21has reason to believe that the person's physical or mental health may endanger
22children in care. The
county or tribal certification agency shall document what
23reason it has to believe that the person's physical or mental health may endanger
24children in care.
AB385,27
25Section
27. DCF 202.04 (8) of the administrative code is amended to read:
AB385,9,5
1DCF 202.04
(8) Exceptions to particular certification requirements. A
2county or tribal certification agency may grant an exception to any standard in s.
3DCF 202.08 or 202.09 if the
county or tribal certification agency determines that an
4alternative means meets the intent of the requirement, except for rules related to
5criminal background investigation required under s. 48.685, Stats.
AB385,28
6Section
28. DCF 202.04 (9) of the administrative code is amended to read:
AB385,9,127
DCF 202.04
(9) Certification decision after background review. The
county
8or tribal certification agency shall conduct background reviews in accordance with
9s. 48.685, Stats. For guidance in resolving issues that arise in particular cases, the
10county or tribal certification agency shall follow ch. DHS 12, and the crimes table
11incorporated into ch. DHS 12, and shall apply the standards that apply to licensed
12child care facilities.
AB385,29
13Section
29. DCF 202.05 (1) of the administrative code is amended to read:
AB385,9,2414
DCF 202.05
(1) The
county or tribal
certification agency shall follow the
15requirements for criminal history and child abuse record search that are contained
16in s. 48.685, Stats., and ch. DHS 12, and the crimes table incorporated into ch. DHS
1712, and shall apply the standards that apply to licensed child care facilities, except
18the
county or tribal certification agency shall require any prospective or current
19employee, contractor under the control of the certified child care operator, volunteer,
20or non-client resident to submit the completed background information form to the
21county or tribal certification agency prior to initial certification and recertification.
22In applying the provisions relating to rehabilitation decisions, all decisions and
23review procedures shall be made and conducted by the
county or tribal certification 24agency.
AB385,30
25Section
30. DCF 202.05 (2) of the administrative code is amended to read:
AB385,10,8
1DCF 202.05
(2) Each
county or tribal certification agency shall maintain its
2records concerning each person whose certificate is denied, revoked, or not renewed
3for a reason specified in s. 48.685 (4m) (a) 1. to 5., Stats. The
county or tribal 4certification agency shall report this information to the department's bureau of early
5childhood education. The
county or tribal certification agency shall immediately
6report the receipt of an application for rehabilitation review and the results of each
7rehabilitation review to the office of legal counsel of the department of health
8services.
AB385,31
9Section
31. DCF 202.06 (1) (intro.) of the administrative code is amended to
10read:
AB385,10,1211
DCF 202.06
(1) (intro.) The
county or tribal certification agency may deny,
12suspend, revoke
, or refuse to renew certification if any of the following apply:
AB385,32
13Section
32. DCF 202.06 (1) (c) of the administrative code is amended to read:
AB385,10,1514
DCF 202.06
(1) (c) The
county or tribal certification agency determines there
15is danger to the health, safety
, or welfare of the children in care.
AB385,33
16Section
33. DCF 202.06 (1) (e) of the administrative code is amended to read:
AB385,10,1817
DCF 202.06
(1) (e) The child care operator fails to cooperate with the
certifying 18certification agency.
AB385,34
19Section
34. DCF 202.06 (1) (j) of the administrative code is amended to read:
AB385,10,2220
202.06
(1) (j) The evaluation under s. DCF 202.04 (7) (b) 3. e. gives the
county
21or tribal certification agency reasonable concern that the person's physical or mental
22health may endanger children in care.
AB385,35
23Section
35. DCF 202.06 (2) of the administrative code is amended to read:
AB385,11,424
DCF 202.06
(2) The
county or tribal
certification agency shall require a child
25care operator to submit a new application for certification if the operator's previous
1certification was denied, revoked, or not renewed for a reason in s. DCF 202.05 or
2202.06 (1). The
county or tribal certification agency may refuse to accept a new
3application for 2 years after the date of the denial, revocation, or refusal to renew the
4certification.
AB385,36
5Section
36. DCF 202.06 (4) of the administrative code is amended to read:
AB385,11,166
DCF 202.06
(4) If a
county or tribal
certification agency denies, suspends,
7revokes
, or refuses to renew a certification, the
county or tribal certification agency
8shall notify the child care operator in writing and give reasons for the action. The
9action
is reviewable pursuant to of a county department of social services established
10under s. 46.22, Stats., or a county department of human services established under
11s. 46.23, Stats., may be appealed under ch. 68, Stats., which provides for
12administrative review of the decisions of local agencies. Tribal agencies shall use an
13appeal process equivalent to the process in ch. 68, Stats.
In a county with a
14population of 750,000 or more, a certification agency's action may be appealed under
15ch. 227, Stats., which provides for administrative review of the decisions of state
16agencies.
AB385,37
17Section
37. DCF 202.065 (intro.) of the administrative code is amended to
18read:
AB385,11,22
19DCF 202.065 Sanctions. (intro.) If a certified child care operator violates the
20provisions of this chapter, s. 48.685, Stats., or ch. DHS 12, the
county or tribal 21certification agency shall require the operator to submit a plan of correction for
22violation in writing and may impose any or all of the following sanctions.
AB385,38
23Section
38. DCF 202.065 (3) of the administrative code is amended to read:
AB385,12,3
1DCF 202.065
(3) Suspend the operator's certification for not more than 60 days.
2The
certification agency shall either reinstate or revoke the certification by the date
3that the suspension expires.
AB385,39
4Section
39. DCF 202.07 of the administrative code is amended to read:
AB385,12,7
5DCF 202.07 Complaints. Within 10 working days after a
county or tribal 6certification agency receives a complaint about a certified child care operator, the
7county or tribal certification agency shall investigate that complaint.
AB385,40
8Section
40. DCF 202.08 (1) (a) 3. of the administrative code is amended to read:
AB385,12,189
DCF 202.08
(1) (a) 3. Each family and in-home child care operator shall
10demonstrate that he or she is free from tuberculosis prior to
initial certification
and
11recertification. The. Each family and in-home child care provider shall demonstrate
12that he or she is free from tuberculosis prior to the date the provider begins working
13with children. For a child care operator, including a child care provider who is also
14a child care operator, the certification agency may accept results of a test
15administered up to 12 months before the application date.
For a child care provider
16who is not also a child care operator, the certification agency may accept the results
17of a test administered up to 12 months before the date the provider began working
18with children.
AB385,41
19Section
41. DCF 202.08 (1) (b) 2. b. of the administrative code is amended to
20read:
AB385,12,2321
DCF 202.08
(1) (b) 2. b. A
county or tribal certification agency may require up
22to 5 hours of annual continuing education by a Level I (regular) certified
provider 23operator each year following Level I (regular) certification.
AB385,42
24Section
42. DCF 202.08 (1) (b) 2. c. of the administrative code is amended to
25read:
AB385,13,5
1DCF 202.08
(1) (b) 2. c. Prior to issuing a Level I (regular) certification, the
2county or tribal certification agency may require that an applicant
has graduated
3from high school,
has obtained a high school equivalency diploma under s. 115.29 (4),
4Stats., or
has obtained a certificate of general education development under s. PI
55.04.
AB385,43
6Section
43. DCF 202.08 (1) (c) (intro.) of the administrative code is amended
7to read:
AB385,13,128
DCF 202.08
(1) (c)
Reporting changes. (intro.) A certified family child care
9operator shall report
to the certification agency as soon as possible, but no later than
10the
county or tribal certification agency's next working day,
to the agency any
11changes that affect the certified family child care operator's eligibility for
12certification under this chapter, including the following:
AB385,44
13Section
44. DCF 202.08 (1) (d) of the administrative code is amended to read:
AB385,13,2214
DCF 202.08
(1) (d)
Substitutes, employees, and volunteers. A substitute,
15employee, or volunteer for a Level I or II child care operator shall be approved by the
16county or tribal certification agency before employment or volunteer work
17commences. The
county or tribal certification agency shall approve the substitute,
18employee, or volunteer if the agency has verification that the substitute, employee,
19or volunteer has met the standards under s. DCF 202.05, regarding the criminal
20history and child abuse record search, and
has completed the training on sudden
21infant death syndrome and shaken baby syndrome and impacted babies required
22under par. (b) 1.
AB385,45
23Section
45. DCF 202.08 (1) (e) 3. of the administrative code is amended to read:
AB385,13,2524
DCF 202.08
(1) (e) 3. Ensure that all information provided to the
county or
25tribal certification agency is current and accurate.
AB385,46
1Section
46. DCF 202.08 (2) (a) 2m. of the administrative code is repealed.
AB385,47
2Section
47. DCF 202.08 (2) (g) of the administrative code is amended to read:
AB385,14,83
DCF 202.08
(2) (g) The home shall have at least one telephone in working order
4with a list of emergency numbers posted by each telephone, including numbers for
5the rescue squad, police, fire station, emergency medical care,
child protective
6services agency, and poison control center. The
certifying certification agency may
7prohibit the use of a cellular phone as a primary phone. If a cellular phone is used
8as a primary phone, it shall be operational during the hours of child care.
AB385,48
9Section
48. DCF 202.08 (2) (o) of the administrative code is amended to read:
AB385,14,1210
DCF 202.08
(2) (o) If the child care is provided in a rental property, the
provider 11operator shall obtain permission from
his or her the landlord to operate a child care
12business.
AB385,49
13Section
49. DCF 202.08 (4) (b) of the administrative code is amended to read:
AB385,14,1714
DCF 202.08
(4) (b) The physical examination report shall be
made on an
15electronic printout from a licensed physician, physician assistant, or health check
16provider or on a form provided by the department that is signed and dated by a
17licensed physician,
a physician's physician assistant
, or
a health check provider.
Note: The department's form, Child Health Report - Child Care Centers, or an
electronic printout from a medical professional may be used to document a health
examination. Information on how to obtain the department's form is available on the
department's website, http://dcf.wisconsin.gov, or from the certification agency.
AB385,50
18Section
50. DCF 202.08 (4) (c) of the administrative code is amended to read:
AB385,14,2219
DCF 202.08
(4) (c) The requirement under par. (a) does not apply to a child care
20operator who requests from the
county or tribal certification agency in writing an
21exemption for a child based upon adherence by the child's parent to religious belief
22in exclusive use of prayer or spiritual means for healing.