This bill transfers from DHFS to DWD the authority to license day care centers, to promulgate rules establishing minimum requirements for day care center licensure and minimum standards for day care center operation, to inspect and investigate day care centers, and to impose sanctions and penalties for operating a day care center without a license or for violating a provision of day care center licensure or a minimum standard for the operation of a day care center.
Under current law, before DHFS may issue a license to a day care center that provides care and supervision for nine or more children, the day care center must pay 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. This bill increases that per child fee to $16.94.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.841 (1) (b) of the statutes is amended to read:
16.841 (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 2. 20.435 (3) (jm) of the statutes is amended to read:
20.435 (3) (jm) Licensing activities. The amounts in the schedule for the costs of licensing child welfare agencies under s. 48.60, foster homes and treatment foster homes under s. 48.62, group homes under s. 48.625, day care centers under s. 48.65 and shelter care facilities under s. 938.22 (7). All moneys received for these licensing activities and from fees under ss. 48.615, 48.625, 48.65 (3) and 938.22 (7) (b) and (c) shall be credited to this appropriation account.
SECTION 3. 20.445 (3) (cm) of the statutes is amended to read:
20.445 (3) (cm) Wisconsin works Works child care and day care center licensing. The amounts in the schedule for paying child care subsidies under s. 49.155 and for the cost of licensing day care centers under s. 49.98.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.445 (3) (jm) of the statutes is created to read:
20.445 (3) (jm) Day care center licensing. All moneys received from day care center licensing activities and from fees under s. 49.98 (3) to be used for the costs of licensing day care centers under s. 49.98.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 20.445 (3) (mc) of the statutes is amended to read:
20.445 (3) (mc) Federal block grant operations. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for the purposes of operating and administering the block grant programs for which the block grant moneys are received and transferring moneys to the appropriation accounts under s. 20.435 (3) (kx) and (6) (kx). All block grant moneys received for these purposes from the federal government or any of its agencies for the state administration of federal block grants shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.445 (3) (mc). This SECTION has been affected by drafts with the following LRB numbers: LRB-0404/3 and LRB-1662/1.
SECTION 6. 21.72 (1) (a) 3m. of the statutes is created to read:
21.72 (1) (a) 3m. A license issued under ss. 49.98 and 49.99.
SECTION 7. 46.03 (7) (c) of the statutes is repealed.
SECTION 8. 46.03 (7) (cm) of the statutes is repealed.
SECTION 9. 46.16 (2) of the statutes is amended to read:
46.16 (2) CHILD WELFARE AGENCIES; FOSTER HOMES; TREATMENT FOSTER HOMES; CHILD CARE CENTERS; DAY NURSERIES; NURSERY SCHOOLS. It. The department may license and revoke licenses of and exercise supervision over all child welfare agencies and the placement of children in foster homes and treatment foster homes, and grant permits licenses to foster homes, and treatment foster homes, child care centers, day nurseries and nursery schools. In the discharge of this duty it the department may inspect the records of child welfare agencies, child care centers, day nurseries, nursery schools and visit all institutions conducted by them operated by child welfare agencies and all foster homes and treatment foster homes in which children are placed.
SECTION 10. 46.16 (2m) of the statutes is repealed.
SECTION 11. 46.16 (2s) of the statutes is repealed.
SECTION 12. 48.48 (10) of the statutes is amended to read:
48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).
SECTION 13. Subchapter XV (title) of chapter 48 [precedes 48.65] of the statutes is renumbered subchapter VII (title) of chapter 49 [precedes 49.97] and amended to read:
CHAPTER 49
SUBCHAPTER VII
DAY CARE PROVIDERS Licensing
SECTION 14. 48.65 (title) of the statutes is renumbered 49.98 (title) and amended to read:
49.98 (title) Day Licensing of day care centers licensed; fees.
SECTION 15. 48.65 (1) of the statutes is renumbered 49.98 (1) and amended to read:
49.98 (1) No person may for compensation provide care and supervision for 4 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. 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 49.986, meet the requirements specified in s. 48.685, and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 49.984 (5).
SECTION 16. 48.65 (2) (intro.) of the statutes is renumbered 49.98 (2) (intro.) and amended to read:
49.98 (2) (intro.) This section does not include apply to any of the following:
SECTION 17. 48.65 (2) (a) of the statutes is renumbered 49.98 (2) (a).
SECTION 18. 48.65 (2) (b) of the statutes is renumbered 49.98 (2) (b) and amended to read:
49.98 (2) (b) A public or parochial private school.
SECTION 19. 48.65 (2) (c) of the statutes is renumbered 49.98 (2) (c).
SECTION 20. 48.65 (2) (d) of the statutes is renumbered 49.98 (2) (d).
SECTION 21. 48.65 (3) of the statutes is renumbered 49.98 (3) and amended to read:
49.98 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 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 $16.94 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.
(b) A day care center that wishes to continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the 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 day care center fails to pay the fee.
SECTION 22. 48.651 (title) of the statutes is renumbered 49.156 (title) and amended to read:
49.156 (title) Certification Wisconsin Works; certification of day care providers.
SECTION 23. 48.651 (1) (intro.) of the statutes is renumbered 49.156 (1) (intro.) and amended to read:
49.156 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155, unless the provider is a day care center licensed under s. 48.65 49.98 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified referred to in this section. The county shall certify the following categories of day care providers:
SECTION 24. 48.651 (1) (a) of the statutes is renumbered 49.156 (1) (a) and amended to read:
49.156 (1) (a) Level I certified family day care providers, as established by the department 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.
SECTION 25. 48.651 (1) (b) of the statutes is renumbered 49.156 (1) (b) and amended to read:
49.156 (1) (b) Level II certified family day care providers, as established by the department of workforce development, under s. 49.155 (1d).
SECTION 26. 48.651 (2m) of the statutes is renumbered 49.156 (2m) and amended to read:
49.156 (2m) Each county department shall provide the department of health and family services with information about each person who is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.
SECTION 27. 48.653 of the statutes is renumbered 49.982 (1) and amended to read:
49.982 (1) INFORMATION FOR DAY CARE PROVIDERS. The department shall provide each day care center licensed under s. 48.65 49.98 and each county agency department providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day care providers. Each county agency department shall provide each day care provider that it certifies with a copy of the brochure.
SECTION 28. 48.655 of the statutes is renumbered 49.982 (2) and amended to read:
49.982 (2) PARENTAL ACCESS. A day care provider that holds a license under s. 48.65 49.98, that is certified under s. 48.651 49.156, that holds a probationary license under s. 48.69 49.99, or that is established or contracted for under s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider's hours of operation, unless the visit or observation is contrary to an existing court order.
SECTION 29. 48.656 of the statutes is renumbered 49.982 (3) and amended to read:
49.982 (3) PARENT'S RIGHT TO KNOW. Every parent, guardian, or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a day care center that holds a license under s. 48.65 49.98 (1) or a probationary license under s. 48.69 49.99 has the right to know certain information about the day care center that would aid the parent, guardian, or legal custodian in assessing the quality of care and supervision provided by the day care center.
SECTION 30. 48.657 (title) of the statutes is repealed.
SECTION 31. 48.657 (1) (intro.) of the statutes is renumbered 49.982 (4) (a) (intro.) and amended to read:
49.982 (4) (a) (intro.) The department shall provide each day care center that holds a license under s. 48.65 49.98 (1) or a probationary license under s. 48.69 49.99 with an annual report that includes the following information:
SECTION 32. 48.657 (1) (a) of the statutes is renumbered 49.982 (4) (a) 1. and amended to read:
49.982 (4) (a) 1. Violations of statutes, rules promulgated by the department under s. 48.67 49.986, or provisions of licensure under s. 48.70 (1) 49.988 (2) by the day care center. In providing information under this paragraph subdivision, the department may not disclose the identity of any employee of the day care center.
SECTION 33. 48.657 (1) (b) of the statutes is renumbered 49.982 (4) (a) 2. and amended to read:
49.982 (4) (a) 2. A telephone number at the department that a person may call to complain of any alleged violation of a statute, rule promulgated by the department under s. 48.67 49.986, or provision of licensure under s. 48.70 (1) 49.988 (2) by the day care center.
SECTION 34. 48.657 (1) (c) of the statutes is renumbered 49.982 (4) (a) 3. and amended to read:
49.982 (4) (a) 3. The results of the most recent inspection of the day care center under s. 48.73 49.996 (1).
SECTION 35. 48.657 (2) of the statutes is renumbered 49.982 (4) (b) and amended to read:
49.982 (4) (b) A day care center shall post the report under sub. (1) par. (a) next to the day care center's license or probationary license in a place where the report and the inspection results can be seen by parents, guardians, or legal custodians during the day care center's hours of operation.
SECTION 36. 48.657 (2g) of the statutes is renumbered 49.982 (4) (c) and amended to read:
49.982 (4) (c) If the report under sub. (1) par. (a) indicates that the day care center is in violation of a statute, a rule promulgated by the department under s. 48.67 49.986, or a provision of licensure under s. 48.70 (1) 49.988 (2), the day care center shall post with the report any notices received from the department relating to that violation.
SECTION 37. 48.657 (2r) of the statutes is renumbered 49.982 (4) (d) and amended to read:
49.982 (4) (d) Each day care center that receives a report under sub. (1) par. (a) shall make available to a parent, guardian, or legal custodian of a child who is receiving, or who is a prospective recipient of, care and supervision from the day care center the reports under sub. (1) par. (a) from the previous 2 years and any notices received from the department relating to any violations identified in those reports. In providing information under this subsection paragraph, a day care center may withhold any information that would disclose the identity of an employee of the day care center.
SECTION 38. 48.657 (3) of the statutes is renumbered 49.982 (4) (e) and amended to read:
49.982 (4) (e) The department may require a day care center to provide to the department any information that is necessary for the department to prepare the report under sub. (1) par. (a).
SECTION 39. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the statutes is amended to read:
CHAPTER 48
SUBCHAPTER XVI
LICENSING PROCEDURES AND
REQUIREMENTS FOR CHILD WELFARE
AGENCIES, FOSTER HOMES,
TREATMENT FOSTER HOMES, GROUP
HOMES, DAY CARE CENTERS
AND COUNTY DEPARTMENTS
SECTION 40. 48.66 (1) (a) of the statutes is amended to read:
48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, and shelter care facilities, as required by s. 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74.
SECTION 41. 48.66 (2) of the statutes is amended to read:
48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, or shelter care facility or day care center who are individuals, 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. (2m) (a) 2., be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, or shelter care facility or day care center who are not individuals be provided.
SECTION 42. 48.66 (2m) (a) 1. of the statutes is amended to read:
48.66 (2m) (a) 1. Except as provided in subd. 2., the department of health and family services shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, or shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, or shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
SECTION 43. 48.66 (2m) (b) of the statutes is amended to read:
48.66 (2m) (b) If an applicant who is an individual fails to provide the applicant's social security number to the department of health and family services or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to that department, that department may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, or shelter care facility or 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.
SECTION 44. 48.66 (5) of the statutes is amended to read:
48.66 (5) A child welfare agency, group home, day care center or shelter care facility 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 for a license established under s. 48.67 are met, the application is approved, the applicable fees referred to in ss. 48.68 (1) and 48.685 (8) are paid, and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 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. 48.715 (4) and (4m) (b).
SECTION 45. 48.67 of the statutes is amended to read:
48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. 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 46. 48.68 (1) of the statutes is amended to read:
48.68 (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 adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685, if applicable. 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. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.
SECTION 47. 48.685 (1) (b) of the statutes is amended to read:
48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14); a day care provider that is certified under s. 48.651 49.156; or a temporary employment agency that provides caregivers to another entity.
