SB304,7,1412 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.
SB304,20 15Section 20. DCF 202.04 (6) (b) of the administrative code is amended to read:
SB304,7,1816 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.
SB304,21 19Section 21. DCF 202.04 (6) (c) of the administrative code is amended to read:
SB304,7,2220 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.
SB304,22 23Section 22. DCF 202.04 (7) (a) of the administrative code is amended to read:
SB304,8,3
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).
SB304,23 4Section 23. DCF 202.04 (7) (b) 1. of the administrative code is amended to read:
SB304,8,75 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.
SB304,24 8Section 24. DCF 202.04 (7) (b) 2. (intro.) of the administrative code is amended
9to read:
SB304,8,1110 DCF 202.04 (7) (b) 2. `Required procedures.' (intro.) A county or tribal
11certification agency shall:
SB304,25 12Section 25. DCF 202.04 (7) (b) 3. (intro.) of the administrative code is amended
13to read:
SB304,8,1514 DCF 202.04 (7) (b) 3. `Optional procedures.' (intro.) A county or tribal
15certification agency may:
SB304,26 16Section 26. DCF 202.04 (7) (b) 3. e. of the administrative code is amended to
17read:
SB304,8,2418 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.
SB304,27 25Section 27. DCF 202.04 (8) of the administrative code is amended to read:
SB304,9,5
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.
SB304,28 6Section 28. DCF 202.04 (9) of the administrative code is amended to read:
SB304,9,127 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.
SB304,29 13Section 29. DCF 202.05 (1) of the administrative code is amended to read:
SB304,9,2414 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.
SB304,30 25Section 30. DCF 202.05 (2) of the administrative code is amended to read:
SB304,10,8
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.
SB304,31 9Section 31. DCF 202.06 (1) (intro.) of the administrative code is amended to
10read:
SB304,10,1211 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:
SB304,32 13Section 32. DCF 202.06 (1) (c) of the administrative code is amended to read:
SB304,10,1514 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.
SB304,33 16Section 33. DCF 202.06 (1) (e) of the administrative code is amended to read:
SB304,10,1817 DCF 202.06 (1) (e) The child care operator fails to cooperate with the certifying
18certification agency.
SB304,34 19Section 34. DCF 202.06 (1) (j) of the administrative code is amended to read:
SB304,10,2220 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.
SB304,35 23Section 35. DCF 202.06 (2) of the administrative code is amended to read:
SB304,11,424 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.
SB304,36 5Section 36. DCF 202.06 (4) of the administrative code is amended to read:
SB304,11,166 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
.
SB304,37 17Section 37. DCF 202.065 (intro.) of the administrative code is amended to
18read:
SB304,11,22 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.
SB304,38 23Section 38. DCF 202.065 (3) of the administrative code is amended to read:
SB304,12,3
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.
SB304,39 4Section 39. DCF 202.07 of the administrative code is amended to read:
SB304,12,7 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.
SB304,40 8Section 40. DCF 202.08 (1) (a) 3. of the administrative code is amended to read:
SB304,12,189 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.
SB304,41 19Section 41. DCF 202.08 (1) (b) 2. b. of the administrative code is amended to
20read:
SB304,12,2321 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.
SB304,42 24Section 42. DCF 202.08 (1) (b) 2. c. of the administrative code is amended to
25read:
SB304,13,5
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.
SB304,43 6Section 43. DCF 202.08 (1) (c) (intro.) of the administrative code is amended
7to read:
SB304,13,128 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:
SB304,44 13Section 44. DCF 202.08 (1) (d) of the administrative code is amended to read:
SB304,13,2214 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.
SB304,45 23Section 45. DCF 202.08 (1) (e) 3. of the administrative code is amended to read:
SB304,13,2524 DCF 202.08 (1) (e) 3. Ensure that all information provided to the county or
25tribal
certification agency is current and accurate.
SB304,46
1Section 46. DCF 202.08 (2) (a) 2m. of the administrative code is repealed.
SB304,47 2Section 47. DCF 202.08 (2) (g) of the administrative code is amended to read:
SB304,14,83 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.
SB304,48 9Section 48. DCF 202.08 (2) (o) of the administrative code is amended to read:
SB304,14,1210 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.
SB304,49 13Section 49. DCF 202.08 (4) (b) of the administrative code is amended to read:
SB304,14,1714 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.
SB304,50 18Section 50. DCF 202.08 (4) (c) of the administrative code is amended to read:
SB304,14,2219 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.
SB304,51 23Section 51. DCF 202.09 (1m) (c) of the administrative code is amended to read:
SB304,15,2
1DCF 202.09 (1m) (c) Ensure that all information provided to the county or
2tribal
certification agency is current and accurate.
SB304,52 3Section 52. DCF 202.09 (2) (e) (intro.) of the administrative code is amended
4to read:
SB304,15,85 DCF 202.09 (2) (e) Staff records. (intro.) The school-age child care program
6shall maintain a record for each employee which that shall be available to the county
7or tribal
certification agency and includes. The record shall include all of the
8following
:
SB304,53 9Section 53. DCF 202.09 (4) (a) 2. of the administrative code is amended to read:
SB304,15,1410 DCF 202.09 (4) (a) 2. There shall be a report of inspection filed in the county
11or tribal
with the certification agency that indicates approval of the building by the
12state department of safety and professional services or by a certified agent of that
13department. The building shall comply with applicable state and local building
14codes.
SB304,54 15Section 54. DCF 202.09 (12) (d) of the administrative code is amended to read:
SB304,15,1916 DCF 202.09 (12) (d) Any vehicle used by the program to transport children
17shall be in safe operating condition and at 12-month intervals the school-age child
18care program shall provide evidence of the vehicle's safe operating condition to the
19county or tribal certification agency.
SB304,55 20Section 55. DCF 202.09 (14) (intro.) of the administrative code is amended to
21read:
SB304,15,2422 DCF 202.09 (14) Insurance. (intro.) The program shall provide documentation
23of insurance coverage by submitting to the county or tribal certification agency a
24certificate of insurance reflecting current dates of coverage for:
SB304,56 25Section 56. Ch. DCF 203 of the administrative code is repealed.
SB304,57
1Section 57. DCF 250.04 (2) (g) of the administrative code is amended to read:
SB304,16,62 DCF 250.04 (2) (g) Provide written information to parents on whether a
3licensee has insurance coverage on the premises, and on the child care operation and
4on vehicles if transportation is provided
business. Liability insurance on the child
5care business is required if cats or dogs are allowed in areas accessible to children
6during the hours of operation as specified in s. DCF 250.07 (7) (h).
SB304,58 7Section 58. DCF 250.04 (6) (a) 1. of the administrative code is amended to read:
SB304,16,108 DCF 250.04 (6) (a) 1. Enrollment information and health history on a form
9forms provided by the department. The enrollment information and health history
10shall be on file prior to the child's first day of attendance.
SB304,59 11Section 59. DCF 250.07 (6) (L) 3. of the administrative code is amended to
12read:
SB304,16,1613 DCF 250.07 (6) (L) 3. The health examination report shall be made on an
14electronic printout from a licensed physician, physician assistant, or HealthCheck
15provider or
on a form provided by the department and shall be that is signed and
16dated by a licensed physician, physician assistant, or a HealthCheck provider.
Note: The department's form, Child Health Report - Child Care Centers, is or an
electronic printout from a medical professional may be
used to record document a health
examination information. Information on how to obtain the department's form is
available on the department's website, http://dcf.wisconsin.gov, or from any regional
licensing office in Appendix A.
SB304,60 17Section 60. DCF 251.03 (2) of the administrative code is amended to read:
SB304,16,2018 DCF 251.03 (2) "Assistant child care teacher" means a child care worker who
19works under the supervision of a child care teacher and who meets the qualifications
20under s. DCF 251.05 (1) (e) (g).
SB304,61 21Section 61. DCF 251.03 (4) of the administrative code is amended to read:
SB304,17,4
1DCF 251.03 (4) "Center director" means the person who is responsible to the
2licensee for the supervision of the center's program for children and for the
3supervision of the center's staff and who meets the qualifications of under s. DCF
4251.05 (1) (c) (e).
SB304,62 5Section 62. DCF 251.03 (5) of the administrative code is amended to read:
SB304,17,86 DCF 251.03 (5) "Child care teacher" means a child care worker who plans,
7implements, and supervises the daily activities for a designated group of children
8and who meets the qualifications under s. DCF 251.05 (1) (d) (f).
SB304,63 9Section 63. DCF 251.04 (5) (a) 4. of the administrative code is amended to read:
SB304,17,1110 DCF 251.04 (5) (a) 4. The physical examination report required under s. DCF
11251.05 (1) (j) (L) 1.
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