SB350, s. 120
20Section
120. 120.125 (3) (a) 3. of the statutes is amended to read:
SB350,39,2321
120.125
(3) (a) 3. That the
day child care provider will not provide religious
22instruction or permit religious practices to be conducted during the before- and
23after-school
day child care program.
SB350, s. 121
24Section
121. 120.125 (3) (b) of the statutes is amended to read:
SB350,40,3
1120.125
(3) (b) A school board shall conditionally grant a request submitted by
2a
day child care provider if all the requirements under par. (a) are met and sub. (2)
3(a) 1. to 6. and (b) does not apply.
SB350, s. 122
4Section
122. 120.125 (4) (intro.) of the statutes is amended to read:
SB350,40,105
120.125
(4) (intro.) If a request under sub. (3) is conditionally accepted by the
6school board, the school board shall enter into a written agreement with the
day child 7care provider that specifies the hours during the day in which the
day child care
8provider is to occupy the school premises and the rooms, facilities
, or equipment that
9are to be used by the
day child care provider. The agreement shall also provide all
10of the following:
SB350, s. 123
11Section
123. 120.125 (4) (a) of the statutes is amended to read:
SB350,40,1412
120.125
(4) (a) Except as provided under s. 121.545 (2), that the school board
13is not responsible for providing transportation to or from the before- and
14after-school
day child care program.
SB350, s. 124
15Section
124. 120.125 (4) (b) of the statutes is amended to read:
SB350,40,2116
120.125
(4) (b) That nothing in the agreement would prohibit the school board
17from permitting other
day child care providers to provide
day child care services to
18pupils in the same building during the same time and that nothing in the agreement
19would prohibit the school district from providing before- and after-school
day child 20care programs in the same building and during the same time in which the
day child 21care provider provides before- and after-school
day
child care programs.
SB350, s. 125
22Section
125. 120.125 (4) (c) of the statutes is amended to read:
SB350,41,223
120.125
(4) (c) That the agreement may be terminated by the school board at
24the end of a school year if the school board intends to provide
day child care for the
1pupils in the elementary school or intends to solicit other
day child care providers to
2provide services during the following school year.
SB350, s. 126
3Section
126. 120.125 (4) (d) of the statutes is amended to read:
SB350,41,64
120.125
(4) (d) That the school board may review and terminate the agreement
5at any time, with 30 days' prior written notice to the
day child care provider, if any
6of the conditions in the agreement are violated by the
day child care provider.
SB350, s. 127
7Section
127. 120.125 (4) (e) of the statutes is amended to read:
SB350,41,118
120.125
(4) (e) That the
day child care provider shall be responsible for all
9actual costs incurred by the school district as a result of the agreement, the costs of
10which shall be paid to the school district at times specified by the school board in the
11agreement.
SB350, s. 128
12Section
128. 120.125 (4) (f) of the statutes is amended to read:
SB350,41,2013
120.125
(4) (f) That the
day child care provider shall be liable to the school
14district for any damage to property in the operation of the before- and after-school
15day child care program, that the
day child care provider shall hold the school district
16harmless from any liability, claim
, or damages caused by the acts or omissions of the
17day child care provider, and that the
day child care provider shall acquire adequate
18insurance, as determined by the school district, to be in effect beginning the first day
19on which the
day child care provider provides the before- and after-school
day child 20care program.
SB350, s. 129
21Section
129. 120.125 (4) (g) of the statutes is amended to read:
SB350,41,2422
120.125
(4) (g) That the
day child care provider shall not provide religious
23instruction or permit religious practices to be conducted during the before- and
24after-school
day child care program.
SB350,42,53
120.125
(4) (h) That the
day child care provider shall meet the standards for
4licensed
day child care centers established by the department of children and
5families.
SB350,42,238
120.13
(14) Day Child care programs. Establish and provide or contract for
9the provision of
day child care programs for children. The school board may receive
10federal or state funds for this purpose. The school board may charge a fee for all or
11part of the cost of the service for participation in a
day child care program established
12under this subsection. Costs associated with a
day
child care program under this
13subsection may not be included in shared costs under s. 121.07 (6).
Day Child care
14programs established under this subsection shall meet the standards for licensed
15day child care centers established by the department of children and families. If a
16school board proposes to contract for or renew a contract for the provision of a
day 17child care program under this subsection or if on July 1, 1996, a school board is a
18party to a contract for the provision of a
day child care program under this subsection,
19the school board shall refer the contractor or proposed contractor to the department
20of children and families for the criminal history and child abuse record search
21required under s. 48.685. Each school board shall provide the department of health
22and family services with information about each person who is denied a contract for
23a reason specified in s. 48.685 (4m) (a) 1. to 5.
SB350, s. 132
24Section
132. 120.13 (36) of the statutes is amended to read:
SB350,43,6
1120.13
(36) Prekindergarten and kindergarten program agreements. Enter
2into an agreement with a licensed public or private nonsectarian
day child care
3center to lease space for prekindergarten or kindergarten programs offered by the
4school district or to place school district employees in
day child care centers to provide
5instruction in prekindergarten or kindergarten programs offered by the school
6district.
SB350, s. 133
7Section
133. 121.54 (2) (am) of the statutes is amended to read:
SB350,43,128
121.54
(2) (am) In lieu of transporting a pupil who is eligible for transportation
9under par. (a) to and from his or her residence, a school district may transport the
10pupil to or from, or both, a before- and after-school
day child care program under s.
11120.125, a
day child care program under s. 120.13 (14)
, or any other
day child care
12program, family
day child care home
, or child care provider.
SB350, s. 134
13Section
134. 121.545 (2) of the statutes is amended to read:
SB350,43,2214
121.545
(2) A school board may provide transportation for children residing in
15the school district whom the school district is not required to transport under s.
16121.54 to or from, or both, a before- and after-school
day child care program under
17s. 120.125, a prekindergarten class under s. 120.13 (13), a
day child care program
18under s. 120.13 (14)
, or any other
day child care program, family
day child care home,
19child care provider
, or prekindergarten class. The school board may charge a fee for
20the cost of providing such transportation. The school board may waive the fee or any
21portion of the fee for any person who is unable to pay the fee. State aid shall not be
22provided for transportation under this subsection.
SB350, s. 135
23Section
135. 234.83 (3) (a) 2. of the statutes is amended to read:
SB350,43,2524
234.83
(3) (a) 2. The start-up of a
day child care business, including the
25purchase or improvement of land, buildings, machinery, equipment, or inventory.
SB350, s. 136
1Section
136. 252.04 (2) of the statutes is amended to read:
SB350,44,102
252.04
(2) Any student admitted to any elementary, middle, junior
, or senior
3high school or into any
day child care center or nursery school shall, within 30 school
4days
after the date on which the student is admitted, present written evidence to the
5school,
day child care center
, or nursery school of having completed the first
6immunization for each vaccine required for the student's grade and being on
7schedule for the remainder of the basic and recall (booster) immunization series for
8mumps, measles, rubella (German measles), diphtheria, pertussis (whooping
9cough), poliomyelitis, tetanus
, and other diseases that the department specifies by
10rule or shall present a written waiver under sub. (3).
SB350, s. 137
11Section
137. 252.04 (3) of the statutes is amended to read:
SB350,44,1812
252.04
(3) The immunization requirement is waived if the student, if an adult,
13or the student's parent, guardian
, or legal custodian submits a written statement to
14the school,
day child care center
, or nursery school objecting to the immunization for
15reasons of health, religion
, or personal conviction. At the time any school,
day child 16care center
, or nursery school notifies a student, parent, guardian
, or legal custodian
17of the immunization requirements, it shall inform the person in writing of the
18person's right to a waiver under this subsection.
SB350, s. 138
19Section
138. 252.04 (4) of the statutes is amended to read:
SB350,44,2220
252.04
(4) The student, if an adult, or the student's parent, guardian
, or legal
21custodian shall keep the school,
day child care center
, or nursery school informed of
22the student's compliance with the immunization schedule.
SB350, s. 139
23Section
139. 252.04 (5) (a) of the statutes is amended to read:
SB350,45,724
252.04
(5) (a) By the 15th and the 25th school day after the
date on which the 25student is admitted to a school,
day child care center
, or nursery school, the school,
1day child care center
, or nursery school shall notify in writing any adult student or
2the parent, guardian
, or legal custodian of any minor student who has not met the
3immunization or waiver requirements of this section. The notices shall cite the terms
4of those requirements and shall state that court action and forfeiture penalty could
5result due to noncompliance. The notices shall also explain the reasons for the
6immunization requirements and include information on how and where to obtain the
7required immunizations.
SB350, s. 140
8Section
140. 252.04 (5) (b) 1. of the statutes is amended to read:
SB350,45,119
252.04
(5) (b) 1. A school,
day child care center
, or nursery school may exclude
10from the school,
day child care center
, or nursery school any student who fails to
11satisfy the requirements of sub. (2).
SB350, s. 141
12Section
141. 252.04 (5) (b) 2. of the statutes is amended to read:
SB350,45,1813
252.04
(5) (b) 2. Beginning on July 1, 1993, if the department determines that
14fewer than 98% of the students in a
day child care center, nursery school
, or school
15district who are subject to the requirements of sub. (2) have complied with sub. (2),
16the
day child care center or nursery school shall exclude any child who fails to satisfy
17the requirements of sub. (2) and the school district shall exclude any student enrolled
18in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).
SB350, s. 142
19Section
142. 252.04 (5) (b) 3. of the statutes is amended to read:
SB350,45,2520
252.04
(5) (b) 3. Beginning on July 1, 1995, if the department determines that
21fewer than 99% of the students in a
day child care center, nursery school
, or school
22district who are subject to the requirements of sub. (2) have complied with sub. (2),
23the
day child care center or nursery school shall exclude any child who fails to satisfy
24the requirements of sub. (2) and the school district shall exclude any student enrolled
25in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).
SB350, s. 143
1Section
143. 252.04 (6) of the statutes is amended to read:
SB350,46,132
252.04
(6) The school,
day child care center
, or nursery school shall notify the
3district attorney of the county in which the student resides of any minor student who
4fails to present written evidence of completed immunizations or a written waiver
5under sub. (3) within 60 school days after being admitted to the school,
day child care
6center
, or nursery school. The district attorney shall petition the court exercising
7jurisdiction under chs. 48 and 938 for an order directing that the student be in
8compliance with the requirements of this section. If the court grants the petition, the
9court may specify the date by which a written waiver shall be submitted under sub.
10(3) or may specify the terms of the immunization schedule. The court may require
11an adult student or the parent, guardian
, or legal custodian of a minor student who
12refuses to submit a written waiver by the specified date or meet the terms of the
13immunization schedule to forfeit not more than $25 per day of violation.
SB350, s. 144
14Section
144. 252.21 (1) of the statutes is amended to read:
SB350,46,1715
252.21
(1) If a teacher, school nurse
, or principal of any school or
day child care
16center knows or suspects that a communicable disease is present in the school or
17center, he or she shall at once notify the local health officer.
SB350,47,1720
253.15
(2) Informational materials. The board shall purchase or prepare or
21arrange with a nonprofit organization to prepare printed and audiovisual materials
22relating to shaken baby syndrome and impacted babies. The materials shall include
23information regarding the identification and prevention of shaken baby syndrome
24and impacted babies, the grave effects of shaking or throwing on an infant or young
25child, appropriate ways to manage crying, fussing, or other causes that can lead a
1person to shake or throw an infant or young child, and a discussion of ways to reduce
2the risks that can lead a person to shake or throw an infant or young child. The
3materials shall be prepared in English, Spanish, and other languages spoken by a
4significant number of state residents, as determined by the board. The board shall
5make those written and audiovisual materials available to all hospitals, maternity
6homes, and nurse-midwives licensed under s. 441.15 that are required to provide or
7make available materials to parents under sub. (3) (a) 1., to the department and to
8all county departments and nonprofit organizations that are required to provide the
9materials to
day child care providers under sub. (4), and to all school boards and
10nonprofit organizations that are permitted to provide the materials to pupils in one
11of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make
12those written materials available to all county departments and Indian tribes that
13are providing home visitation services under s. 48.983 (4) (b) 1. or 2. and to all
14providers of prenatal, postpartum, and young child care coordination services under
15s. 49.45 (44). The board may make available the materials required under this
16subsection to be made available by making those materials available at no charge on
17the board's Internet site.
SB350, s. 146
18Section
146. 253.15 (4) of the statutes is amended to read:
SB350,48,1619
253.15
(4) Training for day child care providers. Before an individual may
20obtain a license to operate a
day child care center under s. 48.65 for the care and
21supervision of children under 5 years of age or enter into a contract to provide a
day 22child care program under s. 120.13 (14) for the care and supervision of children under
235 years of age, the individual shall receive training relating to shaken baby syndrome
24and impacted babies that is approved or provided by the department or that is
25provided by a nonprofit organization arranged by the department to provide that
1training. Before an individual may be certified under s. 48.651 as a
day child care
2provider of children under 5 years of age, the individual shall receive training
3relating to shaken baby syndrome and impacted babies that is approved or provided
4by the certifying county department or that is provided by a nonprofit organization
5arranged by that county department to provide that training. Before an employee
6or volunteer of a
day child care center licensed under s. 48.65, a
day child care
7provider certified under s. 48.651, or a
day child care program established under s.
8120.13 (14) may provide care and supervision for children under 5 years of age, the
9employee or volunteer shall receive training relating to shaken baby syndrome and
10impacted babies that is approved or provided by the department or the certifying
11county department or that is provided by a nonprofit organization arranged by the
12department or county department to provide that training. The person conducting
13the training shall provide to the individual receiving the training, without cost to the
14individual, a copy of the written materials purchased or prepared under sub. (2), a
15presentation of the audiovisual materials purchased or prepared under sub. (2), and
16an oral explanation of those written and audiovisual materials.
SB350, s. 147
17Section
147. 254.162 (1) (c) of the statutes is amended to read:
SB350,48,2018
254.162
(1) (c)
Day Child care providers certified under s. 48.651 and
day
child 19care centers licensed under s. 48.65, provisionally licensed under s. 48.69
, or
20established or contracted for under s. 120.13 (14).
SB350, s. 148
21Section
148. 254.168 (4) of the statutes is amended to read:
SB350,48,2222
254.168
(4) A
day child care provider certified under s. 48.651.
SB350, s. 149
23Section
149. 254.168 (5) of the statutes is amended to read:
SB350,48,2524
254.168
(5) A
day child care center licensed under s. 48.65, provisionally
25licensed under s. 48.69
, or established or contracted for under s. 120.13 (14).
SB350, s. 150
1Section
150
. 285.63 (10) (d) 5. of the statutes is amended to read:
SB350,49,32
285.63
(10) (d) 5. Schools, churches, hospitals, nursing homes
, or
day child care
3facilities.
SB350, s. 151
4Section
151
. 301.12 (14) (a) of the statutes is amended to read:
SB350,49,165
301.12
(14) (a) Except as provided in pars. (b) and (c), liability of a person
6specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
7years of age in residential, nonmedical facilities such as group homes, foster homes,
8treatment foster homes,
child caring institutions
residential care centers for children
9and youth, and juvenile correctional institutions is determined in accordance with
10the cost-based fee established under s. 301.03 (18). The department shall bill the
11liable person up to any amount of liability not paid by an insurer under s. 632.89 (2)
12or (2m) or by other 3rd-party benefits, subject to rules which include formulas
13governing ability to pay promulgated by the department under s. 301.03 (18). Any
14liability of the resident not payable by any other person terminates when the
15resident reaches age 17, unless the liable person has prevented payment by any act
16or omission.
SB350, s. 152
17Section
152
. 301.46 (4) (a) 2. of the statutes is amended to read:
SB350,49,2018
301.46
(4) (a) 2. A
day child care provider that holds a license under s. 48.65,
19that is certified under s. 48.651, that holds a probationary license under s. 48.69
, or
20that is established or contracted for under s. 120.13 (14).
SB350,49,2523
562.06
(3) Day Child care. Nothing in this section prohibits a licensee from
24operating a
day child care area at a track if the
day child care area is licensed by the
25department of children and families under s. 48.65.
SB350, s. 154
1Section
154
. 767.511 (1m) (e) of the statutes is amended to read:
SB350,50,42
767.511
(1m) (e) The cost of
day
child care if the custodian works outside the
3home, or the value of custodial services performed by the custodian if the custodian
4remains in the home.
SB350, s. 155
5Section
155
. 905.04 (4) (e) 1. b. of the statutes is amended to read:
SB350,50,76
905.04
(4) (e) 1. b. "Neglect" has the meaning given in s.
48.981 (1) (d) 48.02
7(12g).
Note: Sections 6 to 8, 75 and 76, and 155 move the definition of "neglect" from the
child abuse and neglect reporting statute (s. 48.981, stats.) to the beginning of ch. 48,
stats., (the Children's Code). The term "neglect" is used throughout the Children's Code,
so it is more appropriate to define that term at the beginning of that chapter.
SB350, s. 156
8Section
156
. 938.32 (1) (c) 1. c. of the statutes is amended to read:
SB350,50,129
938.32
(1) (c) 1. c. A finding as to whether the county department or agency has
10made reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless
11return of the juvenile to the home is the goal of the permanency plan and the court
12finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB350, s. 157
13Section
157. 938.33 (4) (c) of the statutes is amended to read:
SB350,51,214
938.33
(4) (c) Specific information showing that continued placement of the
15juvenile in his or her home would be contrary to the welfare of the juvenile, specific
16information showing that the county department or the agency primarily
17responsible for providing services to the juvenile has made reasonable efforts to
18prevent the removal of the juvenile from the home, while assuring that the juvenile's
19health and safety are the paramount concerns, unless any of the circumstances
20specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that
21the county department or agency has made reasonable efforts to achieve the goal of
22the juvenile's permanency plan
, unless return of the juvenile to the home is the goal
1of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
21. to 4. applies.
SB350, s. 158
3Section
158
. 938.335 (3g) (c) of the statutes is amended to read:
SB350,51,74
938.335
(3g) (c) That the county department or agency has made reasonable
5efforts to achieve the goal of the juvenile's permanency plan
, unless return of the
6juvenile to the home is the goal of the permanency plan and any of the circumstances
7specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB350, s. 159
8Section
159
. 938.34 (2) (b) of the statutes is amended to read:
SB350,51,139
938.34
(2) (b) If the juvenile is placed in the juvenile's home under the
10supervision of an agency or the department, order the agency or department to
11provide specified services to the juvenile and the juvenile's family, including
12individual, family, or group counseling, homemaker or parent aide services, respite
13care, housing assistance,
day child care, or parent skills training.
SB350, s. 160
14Section
160
. 938.355 (2) (b) 6. of the statutes is amended to read:
SB350,52,1115
938.355
(2) (b) 6. If the juvenile is placed outside the home, a finding that
16continued placement of the juvenile in his or her home would be contrary to the
17welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
18placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that
19the juvenile's current residence will not safeguard the welfare of the juvenile or the
20community due to the serious nature of the act for which the juvenile was adjudicated
21delinquent. The court order shall also contain a finding as to whether the county
22department or the agency primarily responsible for providing services under a court
23order has made reasonable efforts to prevent the removal of the juvenile from the
24home, while assuring that the juvenile's health and safety are the paramount
25concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
1to 4. applies, and a finding as to whether the county department or agency has made
2reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless
3return of the juvenile to the home is the goal of the permanency plan and the court
4finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies. The court shall
5make the findings specified in this subdivision on a case-by-case basis based on
6circumstances specific to the juvenile and shall document or reference the specific
7information on which those findings are based in the court order. A court order that
8merely references this subdivision without documenting or referencing that specific
9information in the court order or an amended court order that retroactively corrects
10an earlier court order that does not comply with this subdivision is not sufficient to
11comply with this subdivision.
SB350, s. 161
12Section
161
. 938.355 (2c) (a) 3. c. of the statutes is amended to read:
SB350,52,1513
938.355
(2c) (a) 3. c. Community support services, such as
day child care,
14parenting skills training, housing assistance, employment training
, and emergency
15mental health services.
SB350, s. 162
16Section
162. 938.356 (1) of the statutes is amended to read:
SB350,52,2417
938.356
(1) Oral warning. Whenever the court orders a juvenile to be placed
18outside his or her home or denies a parent visitation because the juvenile has been
19adjudged to be
delinquent or to be in need of protection or services under s.
938.34, 20938.345, 938.357, 938.363
, or 938.365
and whenever the court reviews a permanency
21plan under s. 938.38 (5m), the court shall orally inform the parent or parents who
22appear in court of any grounds for termination of parental rights under s. 48.415
23which may be applicable and of the conditions necessary for the juvenile to be
24returned to the home or for the parent to be granted visitation.
Note: This Section requires the same termination of parental rights warning
when a juvenile is placed outside the home as a result of delinquency as when a child or
juvenile is placed outside the home due to a need for protection or services.
This
Section also requires termination of parental rights warnings to be given at
annual permanency plan review hearings, which requirement was inadvertently omitted
when
2001 Wisconsin Act 109 replaced annual dispositional order extension hearings
with annual permanency plan review hearings. According to DHFS, these warnings
must be given at permanency plan review hearings to avoid delaying a petition for
termination of parental rights.