AB100: Bill Text

AB100,496,21 1. The county department or department inspects the home of the guardian or interim caretaker, interviews the guardian or interim caretaker, and determines that placement of the child with the guardian or interim caretaker is in the best interests of the child.

AB100,497,4 2. The county department or department conducts a background investigation under s. 48.57 (3p) of the guardian or interim caretaker, the employees and prospective employees of the guardian or interim caretaker who have or would have regular contact with the child for whom the payments would be made, and any other adult resident, as defined in s. 48.57 (3p) (a), of the home of the guardian or interim caretaker and determines that those individuals do not have any arrests or convictions that are likely to adversely affect the child or the ability of the guardian or interim caretaker to care for the child.

AB100,497,7 3. In the case of an interim caretaker, the interim caretaker cooperates with the county department or department in finding a permanent placement for the child.

AB100,497,21 (d) The department shall request from the secretary of the federal department of health and human services a waiver of the requirements under 42 USC 670 to 679a that would authorize the state to receive federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the costs of providing care for a child who is in the care of a guardian who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department. If the waiver is approved for a county having a population of 500,000 or more, the department shall provide the monthly payments under par. (a) from the appropriations under s. 20.435 (3) (cx), (gx), (kw), and (mx). If the waiver is approved for any other county, the department shall determine which counties are authorized to provide monthly payments under par. (a) or (b), and the county departments of those counties shall provide those payments from moneys received under s. 46.495 (1) (d).

AB100,498,2 (e) The amount of a monthly payment under par. (a) or (b) for the care of a child shall equal the amount received under sub. (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under par. (a) or (b) is not eligible to receive a payment under sub. (4) or s. 48.57 (3m) or (3n).

AB100, s. 953 Section 953. 48.62 (6) of the statutes is created to read:

AB100,498,11 48.62 (6) The department or a county department may recover an overpayment made under sub. (4) or (5) from a foster parent, treatment foster parent, guardian, or interim caretaker who continues to receive payments under sub. (4) or (5) by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering overpayments made under sub. (4) or (5). A county department that recovers an overpayment under this subsection due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB100, s. 954 Section 954. 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:

AB100,498,15 CHAPTER 49

AB100,498,17 SUBCHAPTER VII DAY CARE PROVIDERS Licensing

AB100, s. 955 Section 955. 48.65 (title) of the statutes is renumbered 49.98 (title) and amended to read:

AB100,498,20 49.98 (title) Day Licensing of day care centers licensed; fees.

AB100, s. 956 Section 956. 48.65 (1) of the statutes is renumbered 49.98 (1) and amended to read:

AB100,499,5 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).

AB100, s. 957 Section 957. 48.65 (2) (intro.) of the statutes is renumbered 49.98 (2) (intro.) and amended to read:

AB100,499,8 49.98 (2) (intro.) This section does not include apply to any of the following:

AB100, s. 958 Section 958. 48.65 (2) (a) of the statutes is renumbered 49.98 (2) (a).

AB100, s. 959 Section 959. 48.65 (2) (b) of the statutes is renumbered 49.98 (2) (b) and amended to read:

AB100,499,12 49.98 (2) (b) A public or parochial private school.

AB100, s. 960 Section 960. 48.65 (2) (c) of the statutes is renumbered 49.98 (2) (c).

AB100, s. 961 Section 961. 48.65 (2) (d) of the statutes is renumbered 49.98 (2) (d).

AB100, s. 962 Section 962. 48.65 (3) of the statutes is renumbered 49.98 (3) and amended to read:

AB100,500,2 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.

AB100,500,8 (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.

AB100, s. 963 Section 963. 48.651 (title) of the statutes is renumbered 49.156 (title) and amended to read:

AB100,500,12 49.156 (title) Certification Wisconsin Works; certification of day care providers.

AB100, s. 964 Section 964. 48.651 (1) (intro.) of the statutes is renumbered 49.156 (1) (intro.) and amended to read:

AB100,500,24 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:

AB100, s. 965 Section 965. 48.651 (1) (a) of the statutes is renumbered 49.156 (1) (a) and amended to read:

AB100,501,6 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.

AB100, s. 966 Section 966. 48.651 (1) (b) of the statutes is renumbered 49.156 (1) (b) and amended to read:

AB100,501,10 49.156 (1) (b) Level II certified family day care providers, as established by the department of workforce development, under s. 49.155 (1d).

AB100, s. 967 Section 967. 48.651 (2m) of the statutes is renumbered 49.156 (2m) and amended to read:

AB100,501,15 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.

AB100, s. 968 Section 968. 48.653 of the statutes is renumbered 49.982 (1) and amended to read:

AB100,501,23 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.

AB100, s. 969 Section 969. 48.655 of the statutes is renumbered 49.982 (2) and amended to read:

AB100,502,6 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.

AB100, s. 970 Section 970. 48.656 of the statutes is renumbered 49.982 (3) and amended to read:

AB100,502,15 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.

AB100, s. 971 Section 971. 48.657 (title) of the statutes is repealed.

AB100, s. 972 Section 972. 48.657 (1) (intro.) of the statutes is renumbered 49.982 (4) (a) (intro.) and amended to read:

AB100,502,21 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:

AB100, s. 973 Section 973. 48.657 (1) (a) of the statutes is renumbered 49.982 (4) (a) 1. and amended to read:

AB100,503,2 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.

AB100, s. 974 Section 974. 48.657 (1) (b) of the statutes is renumbered 49.982 (4) (a) 2. and amended to read:

AB100,503,8 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.

AB100, s. 975 Section 975. 48.657 (1) (c) of the statutes is renumbered 49.982 (4) (a) 3. and amended to read:

AB100,503,12 49.982 (4) (a) 3. The results of the most recent inspection of the day care center under s. 48.73 49.996 (1).

AB100, s. 976 Section 976. 48.657 (2) of the statutes is renumbered 49.982 (4) (b) and amended to read:

AB100,503,18 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.

AB100, s. 977 Section 977. 48.657 (2g) of the statutes is renumbered 49.982 (4) (c) and amended to read:

AB100,503,25 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.

AB100, s. 978 Section 978. 48.657 (2r) of the statutes is renumbered 49.982 (4) (d) and amended to read:

AB100,504,10 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.

AB100, s. 979 Section 979. 48.657 (3) of the statutes is renumbered 49.982 (4) (e) and amended to read:

AB100,504,15 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).

AB100, s. 980 Section 980. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the statutes is amended to read:

AB100,504,18 CHAPTER 48

AB100,504,25 SUBCHAPTER XVI LICENSING PROCEDURES AND REQUIREMENTS FOR CHILD WELFARE AGENCIES, FOSTER HOMES, TREATMENT FOSTER HOMES, GROUP HOMES, DAY CARE CENTERS AND COUNTY DEPARTMENTS

AB100, s. 981 Section 981. 48.66 (1) (a) of the statutes is amended to read:

AB100,505,8 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.

AB100, s. 982 Section 982. 48.66 (2) of the statutes is amended to read:

AB100,505,18 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.

AB100, s. 983 Section 983. 48.66 (2m) (a) 1. of the statutes is amended to read:

AB100,506,2 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.

AB100, s. 984 Section 984. 48.66 (2m) (b) of the statutes is amended to read:

AB100,506,12 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.

AB100, s. 985 Section 985. 48.66 (5) of the statutes is amended to read:

AB100,507,2 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).

AB100, s. 986 Section 986. 48.67 of the statutes is amended to read:

AB100,507,20 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.

AB100, s. 987 Section 987. 48.68 (1) of the statutes is amended to read:

AB100,508,12 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.

AB100, s. 988 Section 988. 48.685 (1) (b) of the statutes is amended to read:

AB100,508,21 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.

AB100, s. 989 Section 989. 48.685 (2) (am) (intro.) of the statutes is amended to read:

AB100,509,4 48.685 (2) (am) (intro.) The department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity , and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156:

AB100, s. 990 Section 990. 48.685 (2) (am) 5. of the statutes is amended to read:

AB100,509,17 48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), 49.156 (2m), 49.988 (1), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board need not obtain the information specified in subds. 1. to 4.

AB100, s. 991 Section 991. 48.685 (2) (b) 1. e. of the statutes is amended to read:

AB100,510,3 48.685 (2) (b) 1. e. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), 49.156 (2m), 49.988 (1), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

AB100, s. 992 Section 992. 48.685 (2) (b) 4. of the statutes is amended to read:

AB100,510,11 48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156 and with respect to whom the department of workforce development, a county department, or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.

AB100, s. 993 Section 993. 48.685 (2) (bb) of the statutes is amended to read:

AB100,511,7 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01, or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB100, s. 994 Section 994. 48.685 (2) (bd) of the statutes is amended to read:

AB100,511,25 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with, or permitted to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with , or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.