Amendment ASA1-AB100

AB100-ASA1,716,21 a. The petitioner withdraws the petition in writing.

AB100-ASA1,716,24 b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.

AB100-ASA1,717,3 c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.

AB100-ASA1,717,13 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB100-ASA1,717,15 a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.

AB100-ASA1,717,18 b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.

AB100-ASA1,717,20 3. The recipient shall be promptly informed in writing if his or her payments under par. (am) are to be discontinued pending the hearing decision.

AB100-ASA1, s. 1264 Section 1264. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB100-ASA1,717,25 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB100-ASA1, s. 1265 Section 1265. 48.57 (3p) (b) 2. of the statutes is amended to read:

AB100-ASA1,718,7 48.57 (3p) (b) 2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.

AB100-ASA1, s. 1266 Section 1266. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB100-ASA1,718,15 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB100-ASA1, s. 1267 Section 1267. 48.57 (3p) (c) 2. of the statutes is amended to read:

AB100-ASA1,718,24 48.57 (3p) (c) 2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any of the employes or prospective employes of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.

AB100-ASA1, s. 1268 Section 1268. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB100-ASA1,719,8 48.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

AB100-ASA1, s. 1269 Section 1269. 48.57 (3p) (d) of the statutes is amended to read:

AB100-ASA1,719,21 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department of health and family services determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department of health and family services shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB100-ASA1, s. 1270 Section 1270. 48.57 (3p) (e) (intro.) of the statutes is amended to read:

AB100-ASA1,720,2 48.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 500,000 or more, the department of health and family services with all of the following information:

AB100-ASA1, s. 1271 Section 1271. 48.57 (3p) (fm) 1. of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-ASA1,720,17 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless that the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The county department or department of workforce development health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB100-ASA1, s. 1272 Section 1272. 48.57 (3p) (fm) 2. of the statutes is amended to read:

AB100-ASA1,721,18 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the department of health and family services and the person receiving payments under sub. (3m) or the department of health and family services so advises that person. A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB100-ASA1, s. 1273 Section 1273. 48.57 (3p) (g) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 71f, is amended to read:

AB100-ASA1,722,2 48.57 (3p) (g) (intro.) Subject to par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB100-ASA1, s. 1274 Section 1274. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB100-ASA1,722,8 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

AB100-ASA1, s. 1275 Section 1275. 48.57 (3p) (g) 3. of the statutes is amended to read:

AB100-ASA1,722,22 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the a county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB100-ASA1, s. 1276 Section 1276. 48.57 (3p) (i) of the statutes is amended to read:

AB100-ASA1,723,3 48.57 (3p) (i) The A county department and, in a county having a population of 500,000 or more, the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB100-ASA1, s. 1277 Section 1277. 48.57 (3p) (j) of the statutes is amended to read:

AB100-ASA1,723,8 48.57 (3p) (j) The A county department or, in a county having a population of 500,000 or more, the department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB100-ASA1, s. 1278 Section 1278. 48.58 (1) (b) of the statutes is amended to read:

AB100-ASA1,723,12 48.58 (1) (b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under s. 46.215, if the delinquent juveniles are placed in separate facilities;

AB100-ASA1, s. 1279 Section 1279. 48.59 (1) of the statutes is amended to read:

AB100-ASA1,724,2 48.59 (1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department, department or agency shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department , department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency.

AB100-ASA1, s. 1280 Section 1280. 48.60 (1) of the statutes is amended to read:

AB100-ASA1,724,13 48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100-ASA1, s. 1281 Section 1281. 48.60 (3) of the statutes is amended to read:

AB100-ASA1,724,23 48.60 (3) Before issuing or continuing any license to a child welfare agency under this section, the department of health and family services shall review the need for the additional placement resources that would be made available by the licensing or relicensing continuing the license of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3). Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.

AB100-ASA1, s. 1282 Section 1282. 48.615 (1) (a) of the statutes is amended to read:

AB100-ASA1,725,5 48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $100 $110, plus a biennial fee of $15 $16.50 per child, based on the number of children that the child welfare agency is licensed to serve.

AB100-ASA1, s. 1283 Section 1283. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,725,12 48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.

AB100-ASA1, s. 1284 Section 1284. 48.615 (1) (b) of the statutes is amended to read:

AB100-ASA1,725,17 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $210 $231.

AB100-ASA1, s. 1285 Section 1285. 48.615 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,725,23 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $254.10

AB100-ASA1, s. 1286 Section 1286. 48.615 (1) (c) of the statutes is amended to read:

AB100-ASA1,726,3 48.615 (1) (c) A child welfare agency that wishes to renew continue a license issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the renewal continuation date of the license.

AB100-ASA1, s. 1287 Section 1287. 48.615 (2) of the statutes is amended to read:

AB100-ASA1,726,10 48.615 (2) A child welfare agency that wishes to renew continue a license issued under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by the renewal continuation date of the license or a new child welfare agency that fails to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.

AB100-ASA1, s. 1639m Section 1639m. 48.62 (4) of the statutes is amended to read:

AB100-ASA1,726,24 48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 1993 1998, the age-related rates are: $240 $289 for children aged 4 and under; $267 $315 for children aged 5 to 11; $327 $358 for children aged 12 to 14 and $337 $374 for children aged 15 to 17. Beginning on January 1, 1994 1999, the age-related rates are: $276 $296 for children aged 4 and under; $301 $323 for children aged 5 to 11; $344 $367 for children aged 12 to 14; and $361 $383 for children aged 15 to 17. Beginning on January 1, 1995, the age-related rates are: $282 for children aged 4 and under; $307 for children aged 5 to 11; $349 for children aged 12 to 14; and $365 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.

AB100-ASA1, s. 1288 Section 1288. 48.625 (1) of the statutes is amended to read:

AB100-ASA1,727,8 48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100-ASA1, s. 1289 Section 1289. 48.625 (2) (a) of the statutes is amended to read:

AB100-ASA1,727,16 48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $100 $110, plus a biennial fee of $15 $16.50 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to renew continue a license issued under sub. (1) shall pay the fee under this paragraph by the renewal continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

AB100-ASA1, s. 1290 Section 1290. 48.625 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,727,25 48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

AB100-ASA1, s. 1291 Section 1291. 48.625 (2) (b) of the statutes is amended to read:

AB100-ASA1,728,6 48.625 (2) (b) A group home that wishes to renew continue a license issued under sub. (1) and that fails to pay the fee under par. (a) by the renewal continuation date of the license or a new group home that fails to pay the fee under par. (a) by 30 days before the opening of the group home shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.

AB100-ASA1, s. 1292 Section 1292. 48.627 (2) (a) of the statutes is amended to read:

AB100-ASA1,728,15 48.627 (2) (a) Before the department, a county department or a licensed child welfare agency may issue or, renew or continue a foster home, treatment foster home or family-operated group home license, the licensing agency shall require the applicant to furnish proof satisfactory to the licensing agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home or family-operated group home that result in bodily injury or property damage to 3rd parties.

AB100-ASA1, s. 1293 Section 1293. 48.65 (1) of the statutes is amended to read:

AB100-ASA1,729,4 48.65 (1) No person may for compensation provide care and supervision for 4 5 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department except that a person who is a Level I certified family day care provider, as established by the department of workforce development under s. 49.155 (1d), may for compensation provide care and supervision for up to 6 unrelated children under the age of 7 for less than 24 hours a day without obtaining a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100-ASA1, s. 1294 Section 1294. 48.65 (1m) (b) 2. of the statutes is amended to read:

AB100-ASA1,729,12 48.65 (1m) (b) 2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of any person who, on July 1, 1996, is a day care provider licensed under this section or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after July 1, 1996, or on the person's application for license continuation or contract renewal, whichever is earlier.

AB100-ASA1, s. 1295 Section 1295. 48.65 (1m) (b) 3. of the statutes is amended to read:

AB100-ASA1,729,19 48.65 (1m) (b) 3. Subject to subd. 2., the department of health and family services may, at the time of renewal continuation of the license or renewal of the contract of a day care provider licensed under this section or contracted for under s. 120.13 (14), or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.

AB100-ASA1, s. 1296 Section 1296. 48.65 (1m) (c) 2. of the statutes is amended to read:

AB100-ASA1,730,2 48.65 (1m) (c) 2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on July 1, 1996, is licensed under this section or contracted for under s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after that date or on the person's application for license continuation or contract renewal, whichever is earlier.

AB100-ASA1, s. 1297 Section 1297. 48.65 (1m) (c) 3. of the statutes is amended to read:

AB100-ASA1,730,11 48.65 (1m) (c) 3. Subject to subd. 2., the department of health and family services may, at the time of renewal continuation of the license or renewal of the contract of a day care provider licensed under this section or contracted for under s. 120.13 (14) or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving day care from the day care provider or of any adult resident of the day care provider.

AB100-ASA1, s. 1298 Section 1298. 48.65 (3) (a) of the statutes is amended to read:

AB100-ASA1,730,23 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 5 to 8 children, the day care center must pay to the department a biennial fee of $50 $55. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25 $27.50, plus a biennial fee of $7 $7.70 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the renewal continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB100-ASA1, s. 1299 Section 1299. 48.65 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,731,10 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 5 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $8.47 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB100-ASA1, s. 1300 Section 1300. 48.65 (3) (b) of the statutes is amended to read:

AB100-ASA1,731,17 48.65 (3) (b) A day care center that wishes to renew continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the renewal continuation date of the license or a new day care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.

AB100-ASA1, s. 1301 Section 1301. 48.651 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,731,25 48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 46.03 (21) 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under ss. 49.132 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

AB100-ASA1, s. 1302 Section 1302. 48.651 (1) (a) of the statutes is amended to read:

AB100-ASA1,732,6 48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 46.03 (21) of workforce development under s. 49.155 (1d). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care. The department may establish by rule other requirements for certification under this paragraph.

AB100-ASA1, s. 1303 Section 1303. 48.651 (1) (b) of the statutes is amended to read:

AB100-ASA1,732,12 48.651 (1) (b) Level II certified family day care providers, as established by the department under s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers. The department may establish by rule requirements for certification under this paragraph of workforce development, under s. 49.155 (1d).