AB677,13,95 DCF 202.04 (8) Exceptions to particular certification requirements. A
6county or tribal certification agency may grant an exception to any standard in s.
7DCF 202.08 or 202.09 if the county or tribal certification agency determines that an
8alternative means meets the intent of the requirement, except for rules related to
9criminal background investigation required under s. 48.685, Stats.
AB677,41 10Section 41. DCF 202.04 (9) of the administrative code is amended to read:
AB677,13,1611 DCF 202.04 (9) Certification decision after background review. The county
12or tribal
certification agency shall conduct background reviews in accordance with
13s. 48.685, Stats. For guidance in resolving issues that arise in particular cases, the
14county or tribal certification agency shall follow ch. DHS 12, and the crimes table
15incorporated into ch. DHS 12, and shall apply the standards that apply to licensed
16child care facilities.
AB677,42 17Section 42. DCF 202.05 (1) of the administrative code is amended to read:
AB677,14,318 DCF 202.05 (1) The county or tribal certification agency shall follow the
19requirements for criminal history and child abuse record search that are contained
20in s. 48.685, Stats., and ch. DHS 12, and the crimes table incorporated into ch. DHS
2112, and shall apply the standards that apply to licensed child care facilities, except
22the county or tribal certification agency shall require any prospective or current
23employee, contractor under the control of the certified child care operator, volunteer,
24or non-client resident to submit the completed background information form to the
25county or tribal certification agency prior to initial certification and recertification.

1In applying the provisions relating to rehabilitation decisions, all decisions and
2review procedures shall be made and conducted by the county or tribal certification
3agency.
AB677,43 4Section 43. DCF 202.05 (2) of the administrative code is amended to read:
AB677,14,125 DCF 202.05 (2) Each county or tribal certification agency shall maintain its
6records concerning each person whose certificate is denied, revoked, or not renewed
7for a reason specified in s. 48.685 (4m) (a) 1. to 5., Stats. The county or tribal
8certification agency shall report this information to the department's bureau of early
9childhood education. The county or tribal certification agency shall immediately
10report the receipt of an application for rehabilitation review and the results of each
11rehabilitation review to the office of legal counsel of the department of health
12services.
AB677,44 13Section 44. DCF 202.06 (1) (intro.) of the administrative code is amended to
14read:
AB677,14,1615 DCF 202.06 (1) (intro.) The county or tribal certification agency may deny,
16suspend, revoke, or refuse to renew certification if any of the following apply:
AB677,45 17Section 45. DCF 202.06 (1) (c) of the administrative code is amended to read:
AB677,14,1918 DCF 202.06 (1) (c) The county or tribal certification agency determines there
19is danger to the health, safety, or welfare of the children in care.
AB677,46 20Section 46. DCF 202.06 (1) (e) of the administrative code is amended to read:
AB677,14,2221 DCF 202.06 (1) (e) The child care operator fails to cooperate with the certifying
22certification agency.
AB677,47 23Section 47. DCF 202.06 (1) (j) of the administrative code is amended to read:
AB677,15,3
1202.06 (1) (j) The evaluation under s. DCF 202.04 (7) (b) 3. e. gives the county
2or tribal
certification agency reasonable concern that the person's physical or mental
3health may endanger children in care.
AB677,48 4Section 48. DCF 202.06 (2) of the administrative code is amended to read:
AB677,15,105 DCF 202.06 (2) The county or tribal certification agency shall require a child
6care operator to submit a new application for certification if the operator's previous
7certification was denied, revoked, or not renewed for a reason in s. DCF 202.05 or
8202.06 (1). The county or tribal certification agency may refuse to accept a new
9application for 2 years after the date of the denial, revocation, or refusal to renew the
10certification.
AB677,49 11Section 49. DCF 202.06 (4) of the administrative code is amended to read:
AB677,15,2212 DCF 202.06 (4) If a county or tribal certification agency denies, suspends,
13revokes, or refuses to renew a certification, the county or tribal certification agency
14shall notify the child care operator in writing and give reasons for the action. The
15action is reviewable pursuant to of a county department of social services established
16under s. 46.22, Stats., or a county department of human services established under
17s. 46.23, Stats., may be appealed under
ch. 68, Stats., which provides for
18administrative review of the decisions of local agencies. Tribal agencies shall use an
19appeal process equivalent to the process in ch. 68, Stats. In a county with a
20population of 750,000 or more, a certification agency's action may be appealed under
21ch. 227, Stats., which provides for administrative review of the decisions of state
22agencies
.
AB677,50 23Section 50. DCF 202.065 (intro.) of the administrative code is amended to
24read:
AB677,16,4
1DCF 202.065 Sanctions. (intro.) If a certified child care operator violates the
2provisions of this chapter, s. 48.685, Stats., or ch. DHS 12, the county or tribal
3certification agency shall require the operator to submit a plan of correction for
4violation in writing and may impose any or all of the following sanctions.
AB677,51 5Section 51. DCF 202.065 (3) of the administrative code is amended to read:
AB677,16,86 DCF 202.065 (3) Suspend the operator's certification for not more than 60 days.
7The certification agency shall either reinstate or revoke the certification by the date
8that the suspension expires.
AB677,52 9Section 52. DCF 202.07 of the administrative code is amended to read:
AB677,16,12 10DCF 202.07 Complaints. Within 10 working days after a county or tribal
11certification agency receives a complaint about a certified child care operator, the
12county or tribal certification agency shall investigate that complaint.
AB677,53 13Section 53. DCF 202.08 (1) (a) 3. of the administrative code is amended to read:
AB677,16,2214 DCF 202.08 (1) (a) 3. Each family and in-home child care operator shall
15demonstrate that he or she is free from tuberculosis prior to initial certification and
16recertification. The
. Each family and in-home child care provider shall demonstrate
17that he or she is free from tuberculosis prior to the date the provider begins working
18with children. For a child care operator, including a child care provider who is also
19a child care operator, the
agency may accept results of a test administered up to 12
20months before the application date. For a child care provider who is not also a child
21care operator, the agency may accept the results of a test administered up to 12
22months before the date a provider began working with children.
AB677,54 23Section 54. DCF 202.08 (1) (b) 2. b. of the administrative code is amended to
24read:
AB677,17,3
1DCF 202.08 (1) (b) 2. b. A county or tribal certification agency may require up
2to 5 hours of annual continuing education by a Level I (regular) certified provider
3operator each year following Level I (regular) certification.
AB677,55 4Section 55. DCF 202.08 (1) (b) 2. c. of the administrative code is amended to
5read:
AB677,17,96 DCF 202.08 (1) (b) 2. c. Prior to issuing a Level I (regular) certification, the
7county or tribal certification agency may require that an applicant has graduated
8from high school, obtained a high school equivalency diploma under s. 115.29 (4),
9Stats., or obtained a certificate of general education development under s. PI 5.04.
AB677,56 10Section 56. DCF 202.08 (1) (c) (intro.) of the administrative code is amended
11to read:
AB677,17,1612 DCF 202.08 (1) (c) Reporting changes. (intro.) A certified family child care
13operator shall report to the certification agency as soon as possible, but no later than
14the county or tribal certification agency's next working day, to the agency any
15changes that affect the certified family child care operator's eligibility for
16certification under this chapter, including the following:
AB677,57 17Section 57. DCF 202.08 (1) (d) of the administrative code is amended to read:
AB677,18,218 DCF 202.08 (1) (d) Substitutes, employees, and volunteers. A substitute,
19employee, or volunteer for a Level I or II child care operator shall be approved by the
20county or tribal certification agency before employment or volunteer work
21commences. The county or tribal certification agency shall approve the substitute,
22employee, or volunteer if the agency has verification that the substitute, employee,
23or volunteer has met the standards under s. DCF 202.05, regarding the criminal
24history and child abuse record search, and has completed the training on sudden

1infant death syndrome and shaken baby syndrome and impacted babies required
2under par. (b) 1.
AB677,58 3Section 58. DCF 202.08 (1) (e) 3. of the administrative code is amended to read:
AB677,18,54 DCF 202.08 (1) (e) 3. Ensure that all information provided to the county or
5tribal
certification agency is current and accurate.
AB677,59 6Section 59. DCF 202.08 (2) (a) 2m. of the administrative code is repealed.
AB677,60 7Section 60. DCF 202.08 (2) (g) of the administrative code is amended to read:
AB677,18,138 DCF 202.08 (2) (g) The home shall have at least one telephone in working order
9with a list of emergency numbers posted by each telephone, including numbers for
10the rescue squad, police, fire station, emergency medical care, child protective
11services agency,
and poison control center. The certifying certification agency may
12prohibit the use of a cellular phone as a primary phone. If a cellular phone is used
13as a primary phone, it shall be operational during the hours of child care.
AB677,61 14Section 61. DCF 202.08 (2) (o) of the administrative code is amended to read:
AB677,18,1715 DCF 202.08 (2) (o) If the child care is provided in a rental property, the provider
16operator shall obtain permission from his or her the landlord to operate a child care
17business.
AB677,62 18Section 62. DCF 202.08 (4) (c) of the administrative code is amended to read:
AB677,18,2219 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.
AB677,63 23Section 63. DCF 202.09 (1m) (c) of the administrative code is amended to read:
AB677,18,2524 DCF 202.09 (1m) (c) Ensure that all information provided to the county or
25tribal
certification agency is current and accurate.
AB677,64
1Section 64. DCF 202.09 (2) (e) (intro.) of the administrative code is amended
2to read:
AB677,19,63 DCF 202.09 (2) (e) Staff records. (intro.) The school-age child care program
4shall maintain a record for each employee which that shall be available to the county
5or tribal
certification agency and includes. The record shall include all of the
6following
:
AB677,65 7Section 65. DCF 202.09 (4) (a) 2. of the administrative code is amended to read:
AB677,19,128 DCF 202.09 (4) (a) 2. There shall be a report of inspection filed in the county
9or tribal
with the certification agency that indicates approval of the building by the
10state department of safety and professional services or by a certified agent of that
11department. The building shall comply with applicable state and local building
12codes.
AB677,66 13Section 66. DCF 202.09 (12) (d) of the administrative code is amended to read:
AB677,19,1714 DCF 202.09 (12) (d) Any vehicle used by the program to transport children
15shall be in safe operating condition and at 12-month intervals the school-age child
16care program shall provide evidence of the vehicle's safe operating condition to the
17county or tribal certification agency.
AB677,67 18Section 67. DCF 202.09 (14) (intro.) of the administrative code is amended to
19read:
AB677,19,2220 DCF 202.09 (14) Insurance. (intro.) The program shall provide documentation
21of insurance coverage by submitting to the county or tribal certification agency a
22certificate of insurance reflecting current dates of coverage for:
AB677,68 23Section 68. DCF 203.03 (3) (d) of the administrative code is amended to read:
AB677,20,324 DCF 203.03 (3) (d) All child care teachers at the center shall be qualified under
25s. DCF 251.05 (1) (d) (f) and shall have a minimum of a child development associate

1credential or a one-year degree in early childhood education or child development
2or equivalent or is be in the process of completing a training plan to meet these
3standards within one year of the date of initial accreditation;
AB677,69 4Section 69. DCF 203.03 (3) (e) of the administrative code is amended to read:
AB677,20,105 DCF 203.03 (3) (e) The program director at the center shall be qualified under
6s. DCF 251.05 (1) (c) (e) and shall have a minimum of a bachelor of arts degree in early
7childhood education or child development and at least 3 years of full-time teaching
8experience with young children or equivalent or is be in the process of completing a
9training plan to meet this standard within one year after the date of initial
10accreditation;
AB677,70 11Section 70. DCF 250.04 (2) (g) of the administrative code is amended to read:
AB677,20,1612 DCF 250.04 (2) (g) Provide written information to parents on whether a
13licensee has insurance coverage on the premises, and on the child care operation and
14on vehicles if transportation is provided
business. Liability insurance on the child
15care business is required if cats or dogs are allowed in areas accessible to children
16during the hours of operation as specified in s. DCF 250.07 (7) (h).
AB677,71 17Section 71. DCF 250.04 (6) (a) 1. of the administrative code is amended to read:
AB677,20,2018 DCF 250.04 (6) (a) 1. Enrollment information and health history on a form
19forms provided by the department. The enrollment information and health history
20shall be on file prior to the child's first day of attendance.
AB677,72 21Section 72. DCF 250.07 (6) (L) 3. of the administrative code is amended to
22read:
AB677,21,223 DCF 250.07 (6) (L) 3. The health examination report shall be made on an
24electronic printout from a licensed physician, physician assistant, or HealthCheck

1provider or
on a form provided by the department and shall be that is signed and
2dated by a licensed physician, physician assistant, or a HealthCheck provider.
AB677,73 3Section 73. DCF 251.03 (2) of the administrative code is amended to read:
AB677,21,64 DCF 251.03 (2) "Assistant child care teacher" means a child care worker who
5works under the supervision of a child care teacher and who meets the qualifications
6under s. DCF 251.05 (1) (e) (g).
AB677,74 7Section 74. DCF 251.03 (4) of the administrative code is amended to read:
AB677,21,118 DCF 251.03 (4) "Center director" means the person who is responsible to the
9licensee for the supervision of the center's program for children and for the
10supervision of the center's staff and who meets the qualifications of under s. DCF
11251.05 (1) (c) (e).
AB677,75 12Section 75. DCF 251.03 (5) of the administrative code is amended to read:
AB677,21,1513 DCF 251.03 (5) "Child care teacher" means a child care worker who plans,
14implements, and supervises the daily activities for a designated group of children
15and who meets the qualifications under s. DCF 251.05 (1) (d) (f).
AB677,76 16Section 76. DCF 251.04 (5) (a) 4. of the administrative code is amended to read:
AB677,21,1817 DCF 251.04 (5) (a) 4. The physical examination report required under s. DCF
18251.05 (1) (j) (L) 1.
AB677,77 19Section 77. DCF 251.07 (6) (k) 3. of the administrative code is amended to
20read:
AB677,21,2421 DCF 251.07 (6) (k) 3. The health examination report shall be made on an
22electronic printout from a licensed physician, physician assistant, or HealthCheck
23provider or
on a form provided by the department and shall be that is signed and
24dated by a licensed physician, physician assistant , or HealthCheck provider.
AB677,78 25Section 78. DCF 251.09 (1) (e) of the administrative code is amended to read:
AB677,22,6
1DCF 251.09 (1) (e) The regularly assigned child care teacher and assistant
2child care teacher for each group of infants and toddlers shall have a minimum of 10
3hours of training in infant and toddler care approved by the department within 6
4months after assuming the position. If the training is not part of the required
5entry-level training under s. DCF 251.05 (1) (d) or (e) (f) or (g), it shall be obtained
6through continuing education.
AB677,79 7Section 79. DCF 251.095 (2) (d) of the administrative code is amended to read:
AB677,22,98 DCF 251.095 (2) (d) Section DCF 251.05 (1) (e) (g) 2., relating to training for
9assistant child care teachers.
AB677,80 10Section 80. DCF 251.095 (3) (a) of the administrative code is amended to read:
AB677,22,1211 DCF 251.095 (3) (a) Section DCF 251.05 (1) (e) (g) 2., relating to training for
12assistant child care teachers.
AB677,81 13Section 81. Effective dates. This act takes effect on the day after publication,
14except as follows:
AB677,22,1615 (1) The treatment of section 35.93 (2) (b) 4. and (c) 1. and (3) (e) (intro.) and 1.
16of the statutes takes effect on January 1, 2015.
AB677,22,1717 (End)
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