Surrounding states regulation
Michigan: No fee is charged to replace a mutilated card, but the applicant must return the mutilated card. Replacement fee for lost or stolen card is $10. There is no limit on the number of replacements that can be requested. Initial permanent card is valid for 5 years and then renewed every 4 years.
Minnesota: Disability placards may be replaced if they are reported lost, stolen, or damaged. If a person reports 3 certificates lost in any 36-month period, they must explain why so many placards needed to be replaced, what they are doing to assure that placards are not lost in the future, and get permission from the State Council on Disability to receive another placard. By policy, damaged placards are requested to be turned in at the time of application for replacement and applications for placards reported stolen should include a copy of the police report; if this procedure is followed the stolen or damaged certificates do not count toward the lost certificate restriction. Long-term and permanent replacement placards are issued at no fee. Temporary and short-term placards require a $5 fee for replacement.
Illinois: Replacement fee $10. If a card is lost, stolen or damaged, the cardholder must submit a signed replacement card application. Only one card is issued per applicant. Fines for using lost, stolen, fraudulent, or altered card range from $1,000 to $2,500.
Iowa: No fee is charged for a replacement placard. If the request is for replacement of a temporary card, Iowa requires a new medical certification. No new certification needed for replacing a permanent card. There is no limit on the number of replacements that can be requested.
Factual data and analytical methodologies
Chapter
Trans 130 currently requires a person to check the reason that the person requires a replacement card: lost, stolen, destroyed, mutilated or illegible, or name change; but DMV does not deny replacement card issuance.
DMV has considered several possible approaches to strengthen replacement card issuance:
• Ask for the return of mutilated or damaged cards; possibly ask for a police report for stolen cards. This approach may reduce requests but places some burden on the applicant.
• Ask a person to file request via law enforcement or court. The disadvantage is workload burden on the law enforcement or court.
• Establish a replacement fee, possibly coupled with no charge if there's a stolen card report. Again, this approach may reduce requests but places some burden on the applicant.
• Put some unique feature on a replacement card, coupled with establishing more frequent renewal or reissue periods – to more frequently purge the database of obsolete cards. However, this would result in large cost to DOT and a burden to all cardholders.
• Not allow a person to apply for a replacement card within a period of time after their last replacement card. A disadvantage is this could deny a legitimate replacement to someone who needs a replacement immediately.
• Informing local law enforcement whenever a person receives a replacement card. This approach results in cost to DMV and law enforcement and it is uncertain whether this would actually have any value.
DOT has chosen to require additional documentation in the form of a signed, notarized statement from applicants who have had possibly excessive requests for replacement cards. DOT has chosen not to charge a fee for replacement cards, and not to ask cardholders to return cards to DOT, to minimize the burden on customers, the vast majority of whom have a legitimate need to obtain a replacement card. The signed, notarized statement additionally provides a record of facts that the applicant is attesting to, in requesting a replacement card.
Analysis and supporting documentation used to determine effect on small businesses
This rule making affects disabled individuals and organizations that provide transportation to disabled individuals. The rule has no effect on small business.
Effect on Small Business
The rule has no effect on small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Anticipated Costs Incurred by Private Sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person and Place Where Comments Are to be Submitted and Deadline for Submission
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Division of Motor Vehicles, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot.state. wi.us.
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Section
49.155 (1d), Stats., as affected by
2005 Wisconsin Act 165; and s.
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules affecting ch.
DWD 55, relating to child care certification and affecting small businesses.
Hearing Information
August 15, 2007
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MADISON
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Wednesday
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G.E.F. 1 Building, A415
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1:30 p.m.
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201 E. Washington Avenue
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Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Related statutes and rules
Explanation of agency authority
Section
49.155 (1d), Stats., provides that the department shall promulgate rules establishing standards for the certification of child care providers under s.
48.651, Stats. The department shall consult with the Child Abuse and Neglect Prevention Board before promulgating those rules. In establishing the requirements for certification of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the provider, employee, or volunteer provides care and supervision for children under one year of age, and the training relating to shaken baby syndrome and impacted babies required under s.
253.15 (4), Stats., if the provider, employee, or volunteer provides care and supervision for children under 5 years of age.
In establishing the requirements for certification as a Level II certified family child care provider, the department may not include any other requirement for training for providers.
Section 48. 651, Stats., provides that each county department shall certify, according to the standards adopted by the Department of Workforce Development under s.
49.155 (1d), each child care provider reimbursed for child care services provided to families determined eligible under s.
49.155, unless the provider is a child care center licensed by the Department of Health and Family Services under s.
48.65, Stats., or is established or contracted for by a school board under s.
120.13 (14), Stats. The county shall certify two categories of child care providers: Level I and Level II.
Summary of proposed rules
The proposed rules make the following changes:
Shaken baby syndrome.
The proposed rules implement the requirements of
2005 Wisconsin Act 165, relating to training to prevent shaken baby syndrome. The proposed rules require county and tribal agencies provide information on shaken baby syndrome to applicants prior to initial certification. All certified family child care operators, employees, and volunteers who provide care and supervision for children under 5 years of age shall receive department-approved training on shaken baby syndrome and appropriate ways to manage crying or fussing children
before the date on which the child care operator is certified or the employment or volunteer work commences.
Restraints for children in motor vehicles.
The proposed rules also adopt the changes required by
2005 Wisconsin Act 106 on using booster seats and other restraints for children under 8 years old in motor vehicles used to transport children. If the child is less than one year old or weighs less than 20 pounds, the child shall be properly restrained in a rear-facing individual child care safety seat. If the child is at least 1 year old and weighs at least 20 pounds but less than 4 years old or weighs less than 40 pounds, the child shall be properly restrained in a forward-facing individual child car safety seat. If the child is at least 4 years old but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and is not more than 57 inches in height, the child shall be properly restrained in a shoulder- positioning child booster seat. Children under age 13 years may not ride in the front seat of a vehicle.
Definitions
The proposed rules use the term “certified child care operator" to mean an individual, corporation, partnership, limited liability corporation, non–incorporated association, or cooperative that has legal and financial responsibility for the operation of a child care program and for meeting the requirements under this chapter. A “provider" means a certified child care operator or an employee or volunteer of the child care operator who provides care and supervision for infant, preschool, or school–age children on behalf of the operator.
The proposed rules also use the term “child care" in place of “day care."
Certification process.
• Each county or tribal agency may determine whether to require an applicant to submit references. Under the current rules, the department requires that applicants for certification provide references to the county or tribal agency.
• Under the current rules, within 60 days after receiving a completed application for certification or recertification, a county or tribal agency must either approve the application and issue a certificate or deny the application. Under the proposed rules, the county or tribal agency shall issue a certification to an applicant within 60 days after determining that the applicant is fit and qualified and the applicable standards in ss.
DWD 55.08 or
55.09 are in compliance. The rules define “fit and qualified" as displaying the capacity to successfully nurture and care for children, including consideration of abuse of alcohol or drugs, history of a civil or criminal conviction or rule violation that substantially relates to caring for children as described in ch.
HFS 12, exercise of unsound judgment, or a history of civil or criminal offenses or any other actions that demonstrate an inability to manage the activities of a child care program. A county or tribal agency may backdate approval to the date that the county or tribal agency received the child care operator's completed application for certification.
• A county or tribal agency may charge a fee for school-age child care certification not to exceed the licensing fee for a group child care center that provides care and supervision for 9 or more children, plus the costs of required criminal record checks.
• A county or tribal agency shall conduct an inspection of the tract of land on which the home used for child care is located and all buildings and structures on that land, including areas that will not be used for child care.
• A county or tribal agency shall limit certification to one operator for each family residence. This limit is necessary to ensure accurate monitoring of group size and has been departmental policy since 2002.
• A county or tribal agency may require an evaluation and written statement by a physician or licensed mental health professional of any person associated with the care of children or any household resident if the county or tribal agency has reason to believe that the person's physical or mental health may endanger children in care. The county or tribal agency may deny, suspend, revoke or refuse to renew certification if the evaluation gives the county or tribe reasonable concern that the person's physical or mental health may endanger children in care.
• The authority for a county or tribal agency to discontinue payment for various violations is repealed from the section on certification denial because it is not an issue of certification. Termination of payment is a subsidy issue that is covered by Chapter
DWD 56, relating to the administration of child care funds.
• If a certified family child care operator violates the provisions of this chapter, s.
48.685, Stats, or ch.
HFS 12, the county or tribal agency shall require the operator to submit a plan of correction for violation in writing and may forbid the operator to enroll any new children until all violations have been corrected; issue a warning of revocation in writing; or suspend the operator's certification for not more than 60 days. The agency shall either reinstate or revoke the certification by the date that the suspension expires.
Qualifications of child care operators and providers
• A certified child care operator shall demonstrate that he or she is free from tuberculosis test prior to recertification as well as certification.
• The current rule provides that a Level I certified family child care operator
shall have completed at least 15 hours of child care training approved by the county or tribal agency responsible for certification. The proposed rule provides that a family child care operator shall have completed at 2 credits of early childhood training or non-credit department- approved training prior to Level I certification.
• Prior to issuing a Level I certification, the county or tribal agency may require that an applicant graduated from high school, obtained a high school equivalency diploma, or obtained a certificate of general education development.
• A substitute who has worked more than 240 hours for a certified family child care operator with a Level I (regular) certification must complete the same early childhood training as the operator. A substitute is a provider who replaces the certified child care operator or staff in a school-age program on a pre-arranged or planned basis.
• The current rule provides that a certified provider shall report immediately to the certifying agency any changes that affect the certified provider's eligibility for certification, including changes in individuals living in the household. The proposed rule provides that a certified child care operator shall report as soon as possible, but no later than the operator's next working day changes that affect eligibility, including the following:
° Death of a child in care or accident that results in an injury that requires professional medical treatment.
° Any damage to the premises that may affect compliance with this chapter.
° Any construction or remodeling of the premises that might have an effect on health and safety of children in care.
° Convictions, pending charges, or other offenses of the child care operator, household member, or other persons subject to a caregiver background check that could potentially relate to the care of children.
° Any incident involving law enforcement, including outstanding warrant or child protective services contact.
° Any inappropriate discipline of a child by a provider, volunteer, or household member, including any incident that results in a child being forcefully shaken or thrown against a hard or soft surface during the child's hours of attendance.
° Changes in individuals living in the household.
° Changes in hours of operation, phone number, or physical address.
° Upon the hiring of a new employee or volunteer and before the employment or volunteer work commences. A substitute or volunteer must be approved by the certifying agency before employment of volunteer work commences.
Home for providing family child care.
• The current rule provides that each floor level used for child care shall have at least one unblocked exit. The proposed rule provides that each floor level used for child care shall have at least 2 exits, all exits shall be clear of obstruction, and the primary exit shall be a door or stairway providing unobstructed travel to the outside at street or ground level. The secondary exit must be either a door or stairway that provides unobstructed travel to the outside at street or ground level; a door or stairway leading to a platform or roof with railings which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above the ground level; or a window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. If the care is provided in a basement, the primary exit must be a door or stairway that provides unobstructed travel to the outside of the building at street or ground level and the secondary exit must be a door or stairway that provides unobstructed travel or a window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash and which has a nominal window opening size of at least 20 inches in width and 24 inches in height.
• The home shall have a working carbon monoxide detector.
• The inside temperature of the home may not be less than 67 degrees Fahrenheit. If the inside temperature exceeds 80 degrees Fahrenheit, there must be air circulation with safe fans or other means if the home is not air conditioned.
• The home shall be free of hazards, including recalled products.
• The premises may not have any flaking or deteriorating paint on exterior or interior surfaces in areas accessible for children. Lead-based paint may not be used on any surface on the premises.
• Appliances for food preparation, serving, and clean-up must be kept clean, sanitary, and in good working condition.
Child health care
If a child attending child care or
a child care operator's own child has a reportable communicable disease under ch.
HFS 145 that is transmitted through normal contact, such as chicken pox, German measles, infectious hepatitis, measles, mumps, scarlet fever, or meningitis, a provider shall notify the local public health officer and parents of all the enrolled children. A child who has or had may not be admitted to certified child care unless the child's parents provide a statement from a physician that the child's condition is no longer contagious or the child has been absent for a period of time equal to the longest usual incubation period for the disease as specified by the Department of Health and Family Services.
Supervision
• The child care operator shall have a designated adult who can provide assistance in the event an unexpected emergency. The emergency back-up provider must be at least 18 years of age and able to provide an acceptable level of child care.
