48.685 (6) (b) 1m. For caregivers who are licensed by the department of workforce development, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 49.156, for persons who are nonclient residents of an entity that is licensed by the department of workforce development, and for other persons specified by the department of workforce development by rule, the entity shall send the background information form to the department of workforce development.
SECTION 69. 48.685 (8) of the statutes is amended to read:
48.685 (8) The department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.
SECTION 70. 48.69 of the statutes is amended to read:
48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, or group home or day care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67, and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, or group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, or group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, or group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.
SECTION 71. 48.715 (1) of the statutes is amended to read:
48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, or group home or day care center.
SECTION 72. 48.715 (2) (a) of the statutes is amended to read:
48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, or group home or day care center if the child welfare agency, shelter care facility, or group home or day care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.
SECTION 73. 48.715 (4) (c) of the statutes is amended to read:
48.715 (4) (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, or group home or day care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.
SECTION 74. 48.715 (6) of the statutes is amended to read:
48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.
SECTION 75. 48.715 (7) of the statutes is amended to read:
48.715 (7) The department of health and family services shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.
SECTION 76. 48.73 of the statutes is amended to read:
48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, and group home and day care center licensed by it the department, and for such purpose shall be given unrestricted access to the premises described in the license.
SECTION 77. 48.735 of the statutes is renumbered 49.998 (1) and amended to read:
49.998 (1) IMMUNIZATION REQUIREMENTS; DAY CARE CENTERS. The If the department of health and family services finds that there has been a substantial failure by a day care center to comply with the requirements of s. 252.04, that department shall notify the department of workforce development, and the department of workforce development, after notice to a the day care center licensee, may suspend, revoke, or refuse to continue a the licensee's day care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.
SECTION 78. 48.737 of the statutes is renumbered 49.998 (2) and amended to read:
49.998 (2) LEAD SCREENING, INSPECTION AND REDUCTION REQUIREMENTS; DAY CARE CENTERS. The If the department of health and family services finds that there has been a substantial failure by a day care center that holds a license under s. 49.98 or a probationary license under s. 49.99 or by a day care provider certified under s. 49.156 to comply with any rule promulgated under s. 254.162, 254.168, or 254.172, that department shall notify the department of workforce development, and the department of workforce development, after notice to a day care provider certified under s. 48.651, or a the day care center that holds a license under s. 48.65 or a probationary license under s. 48.69 or day care provider, may suspend, revoke, or refuse to renew or continue a the license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168 or 254.172 of the day care center or day care provider.
SECTION 79. 48.74 of the statutes is amended to read:
48.74 Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of ss. s. 48.60, 48.62, or 48.625 or 48.65, it, the department shall make an investigation to determine the facts. For the purposes of this investigation, it the department shall have authority to inspect the premises where the violation is alleged to occur. If it the department finds that the person is violating any of the specified those sections, it the department may either issue a license if the person is qualified or may institute a prosecution under s. 48.76.
SECTION 80. 48.76 of the statutes is amended to read:
48.76 Penalties. In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, or 48.63 or 48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.
SECTION 81. 48.77 of the statutes is amended to read:
48.77 Injunction against violations. In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 48.60, 48.62, 48.625, or 48.63 or 48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813.
SECTION 82. 49.001 (1) of the statutes is amended to read:
49.001 (1) "Child care provider" means a child care provider that is licensed under s. 48.65 49.98 (1), certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 83. 49.136 (1) (b) of the statutes is amended to read:
49.136 (1) (b) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 84. 49.136 (1) (e) of the statutes is amended to read:
49.136 (1) (e) "Day care program" means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65 49.98, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.
SECTION 85. 49.137 (1) (a) of the statutes is amended to read:
49.137 (1) (a) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 86. 49.155 (1) (ag) of the statutes is amended to read:
49.155 (1) (ag) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).
SECTION 87. 49.155 (1) (am) of the statutes is amended to read:
49.155 (1) (am) "Level I certified family day care provider" means a day care provider certified under s. 48.651 49.156 (1) (a).
SECTION 88. 49.155 (1) (b) of the statutes is amended to read:
49.155 (1) (b) "Level II certified family day care provider" means a day care provider certified under s. 48.651 49.156 (1) (b).
SECTION 89. 49.155 (1d) (a) of the statutes is amended to read:
49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651 49.156. In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, 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. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include any other requirement for training for providers.
SECTION 90. 49.155 (1d) (b) of the statutes is amended to read:
49.155 (1d) (b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 49.98 or for certification under s. 48.651 49.156. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children National Association for the Education of Young Children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
SECTION 91. 49.155 (1g) (c) of the statutes is repealed.
SECTION 92. 49.155 (3) (b) 5. of the statutes is amended to read:
49.155 (3) (b) 5. Certify child care providers under s. 48.651 49.156.
SECTION 93. 49.155 (4) of the statutes is amended to read:
49.155 (4) CHOICE OF PROVIDER. An eligible individual shall choose whether the child care will be provided by a day care center licensed under s. 48.65 49.98, a Level I certified family day care provider, a Level II certified family day care provider, or a day care program provided or contracted for by a school board under s. 120.13 (14).
SECTION 94. 49.857 (1) (d) 3m. of the statutes is created to read:
49.857 (1) (d) 3m. A license issued under s. 49.984 (1).
SECTION 95. 49.97 of the statutes is created to read:
49.97 Definition. In this subchapter, "department" means the department of workforce development.
SECTION 96. 49.982 (title) of the statutes is created to read:
49.982 (title) Information for day care providers and parents.
SECTION 97. 49.984 of the statutes is created to read:
49.984 Licensing duties of the department. (1) Except as provided in s. 49.992 (6) and (7), the department shall license and supervise day care centers as required by s. 49.98. A license issued under this subsection is valid until revoked or suspended. No license issued under this subsection is transferable.
(2) The department shall prescribe an application form to be used by all applicants for licenses to operate a day care center. In prescribing that form, the department shall require an applicant for a license to operate a day care center who is an individual, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under sub. (3) (a) 2., to provide his or her social security number, and an applicant for a license to operate a day care center who is not an individual to provide the applicant's federal employer identification number.
(3) (a) 1. Except as provided in subd. 2., when initially applying for or applying to continue a license issued under sub. (1) to operate a day care center, an applicant who is an individual shall provide the department with the applicant's social security number, and an applicant who is not an individual shall provide the department with the applicant's federal employer identification number.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The department shall prescribe the form of the statement. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
(b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or continue a license under sub. (1) to operate a day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.
(c) The department of workforce development may not disclose any information obtained under par. (a) 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department of workforce development that administers the child and spousal support program under s. 49.22 (2m).
(4) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
(5) A day care center license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements established under s. 49.986 for a license are met, the application is approved, the applicable fees specified in ss. 48.685 (8) and 49.98 (3) (a) are paid, and any forfeiture under s. 49.992 (3) (a) or penalty under s. 49.999 (1) that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 49.992 (4) and (4m) (b).
SECTION 98. 49.986 of the statutes is created to read:
49.986 Rules governing day care centers. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, day care centers. These rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of public instruction before promulgating these rules. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.
SECTION 99. 49.988 of the statutes is created to read:
49.988 Investigation of applicant; issuance of license; provisions of licensure. (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license promulgated by the department by rule under s. 49.986 and meets the requirements specified in s. 48.685. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 49.98 (3) (a), the department shall issue a license under s. 49.984 (1) or, if applicable, a probationary license under s. 49.99 or, if applicable, shall continue a license under s. 49.984 (5). The department shall provide the department of health and family services with information about each person who is denied a license for a reason specified in s. 48.685 (4m) (a) 1. to 5.
(2) Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their ages and sex, and such additional information and special conditions as the department may prescribe.
SECTION 100. 49.99 of the statutes is created to read:
49.99 Probationary licenses. Except as provided under s. 49.992 (6) and (7), if any day care center that has not been previously issued a license under s. 49.984 (1) applies for a license, meets the minimum requirements established under s. 49.986 for a license, and pays the applicable fee specified in s. 49.98 (3) (a), the department shall issue a probationary license to that day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 49.992. Before a probationary license expires, the department shall inspect the day care center holding the probationary license and, except as provided under s. 49.992 (6) and (7), if the day care center meets the minimum requirements established under s. 49.986 for a license, the department shall issue a license under s. 49.984 (1). A probationary license issued under this section may be renewed for one 6-month period.
SECTION 101. 49.992 of the statutes is created to read:
49.992 Sanctions and penalties. (1) In this section, "licensee" means a person who holds a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center.
(2) If the department provides written notice of the grounds for a sanction, an explanation of the types of sanctions that may be imposed under this subsection, and an explanation of the process for appealing a sanction imposed under this subsection, the department may order any of the following sanctions:
(a) That a person stop operating a day care center if the day care center is without a license in violation of s. 49.984 (1) or a probationary license in violation of s. 49.99.
(b) That a person who employs a person who has had a license under s. 49.984 (1) or a probationary license under s. 49.99 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent, or employee.
(c) That a licensee stop violating any provision of licensure under s. 49.988 (2) or rules promulgated by the department under s. 49.986.
(d) That a licensee submit a plan of correction for violation of any provision of licensure under s. 49.988 (2) or rule promulgated by the department under s. 49.986.
(e) That a licensee implement and comply with a plan of correction provided by the department or previously submitted by the licensee and approved by the department.
(f) That a licensee close the intake of any new children until all violations of the provisions of licensure under s. 49.988 (2) and the rules promulgated by the department under s. 49.986 are corrected.
(g) That a licensee provide training for the licensee's staff members as specified by the department.
(3) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection, and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under s. 49.988 (2) or rule promulgated by the department under s. 49.986 or who fails to comply with an order issued under sub. (2) by the time specified in the order:
(a) A daily forfeiture amount per violation of not less than $10 nor more than $1,000. All of the following apply to a forfeiture under this paragraph:
1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under sub. (2).
2. The department may directly assess a forfeiture imposed under this paragraph by specifying the amount of that forfeiture in the notice provided under this subsection.
3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 49.994, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the secretary of administration for deposit into the school fund.
4. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph that has not been paid as provided in subd. 3. The only contestable issue in an action under this subdivision is whether or not the forfeiture has been paid.
(b) Suspension of the licensee's license for not more than 2 weeks.
