SB350: Bill Text

SB350,41,6 120.125 (4) (d) That the school board may review and terminate the agreement at any time, with 30 days' prior written notice to the day child care provider, if any of the conditions in the agreement are violated by the day child care provider.

SB350, s. 127 Section 127. 120.125 (4) (e) of the statutes is amended to read:

SB350,41,11 120.125 (4) (e) That the day child care provider shall be responsible for all actual costs incurred by the school district as a result of the agreement, the costs of which shall be paid to the school district at times specified by the school board in the agreement.

SB350, s. 128 Section 128. 120.125 (4) (f) of the statutes is amended to read:

SB350,41,20 120.125 (4) (f) That the day child care provider shall be liable to the school district for any damage to property in the operation of the before- and after-school day child care program, that the day child care provider shall hold the school district harmless from any liability, claim, or damages caused by the acts or omissions of the day child care provider, and that the day child care provider shall acquire adequate insurance, as determined by the school district, to be in effect beginning the first day on which the day child care provider provides the before- and after-school day child care program.

SB350, s. 129 Section 129. 120.125 (4) (g) of the statutes is amended to read:

SB350,41,24 120.125 (4) (g) That the day child care provider shall not provide religious instruction or permit religious practices to be conducted during the before- and after-school day child care program.

SB350, s. 130 Section 130. 120.125 (4) (h) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,42,5 120.125 (4) (h) That the day child care provider shall meet the standards for licensed day child care centers established by the department of children and families.

SB350, s. 131 Section 131. 120.13 (14) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,42,23 120.13 (14) Day Child care programs. Establish and provide or contract for the provision of day child care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a day child care program established under this subsection. Costs associated with a day child care program under this subsection may not be included in shared costs under s. 121.07 (6). Day Child care programs established under this subsection shall meet the standards for licensed day child care centers established by the department of children and families. If a school board proposes to contract for or renew a contract for the provision of a day child care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a day child care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of children and families for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health and family services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.

SB350, s. 132 Section 132. 120.13 (36) of the statutes is amended to read:

SB350,43,6 120.13 (36) Prekindergarten and kindergarten program agreements. Enter into an agreement with a licensed public or private nonsectarian day child care center to lease space for prekindergarten or kindergarten programs offered by the school district or to place school district employees in day child care centers to provide instruction in prekindergarten or kindergarten programs offered by the school district.

SB350, s. 133 Section 133. 121.54 (2) (am) of the statutes is amended to read:

SB350,43,12 121.54 (2) (am) In lieu of transporting a pupil who is eligible for transportation under par. (a) to and from his or her residence, a school district may transport the pupil to or from, or both, a before- and after-school day child care program under s. 120.125, a day child care program under s. 120.13 (14), or any other day child care program, family day child care home , or child care provider.

SB350, s. 134 Section 134. 121.545 (2) of the statutes is amended to read:

SB350,43,22 121.545 (2) A school board may provide transportation for children residing in the school district whom the school district is not required to transport under s. 121.54 to or from, or both, a before- and after-school day child care program under s. 120.125, a prekindergarten class under s. 120.13 (13), a day child care program under s. 120.13 (14), or any other day child care program, family day child care home, child care provider, or prekindergarten class. The school board may charge a fee for the cost of providing such transportation. The school board may waive the fee or any portion of the fee for any person who is unable to pay the fee. State aid shall not be provided for transportation under this subsection.

SB350, s. 135 Section 135. 234.83 (3) (a) 2. of the statutes is amended to read:

SB350,43,25 234.83 (3) (a) 2. The start-up of a day child care business, including the purchase or improvement of land, buildings, machinery, equipment, or inventory.

SB350, s. 136 Section 136. 252.04 (2) of the statutes is amended to read:

SB350,44,10 252.04 (2) Any student admitted to any elementary, middle, junior, or senior high school or into any day child care center or nursery school shall, within 30 school days after the date on which the student is admitted, present written evidence to the school, day child care center, or nursery school of having completed the first immunization for each vaccine required for the student's grade and being on schedule for the remainder of the basic and recall (booster) immunization series for mumps, measles, rubella (German measles), diphtheria, pertussis (whooping cough), poliomyelitis, tetanus, and other diseases that the department specifies by rule or shall present a written waiver under sub. (3).

SB350, s. 137 Section 137. 252.04 (3) of the statutes is amended to read:

SB350,44,18 252.04 (3) The immunization requirement is waived if the student, if an adult, or the student's parent, guardian, or legal custodian submits a written statement to the school, day child care center , or nursery school objecting to the immunization for reasons of health, religion, or personal conviction. At the time any school, day child care center, or nursery school notifies a student, parent, guardian, or legal custodian of the immunization requirements, it shall inform the person in writing of the person's right to a waiver under this subsection.

SB350, s. 138 Section 138. 252.04 (4) of the statutes is amended to read:

SB350,44,22 252.04 (4) The student, if an adult, or the student's parent, guardian, or legal custodian shall keep the school, day child care center, or nursery school informed of the student's compliance with the immunization schedule.

SB350, s. 139 Section 139. 252.04 (5) (a) of the statutes is amended to read:

SB350,45,7 252.04 (5) (a) By the 15th and the 25th school day after the date on which the student is admitted to a school, day child care center, or nursery school, the school, day child care center, or nursery school shall notify in writing any adult student or the parent, guardian, or legal custodian of any minor student who has not met the immunization or waiver requirements of this section. The notices shall cite the terms of those requirements and shall state that court action and forfeiture penalty could result due to noncompliance. The notices shall also explain the reasons for the immunization requirements and include information on how and where to obtain the required immunizations.

SB350, s. 140 Section 140. 252.04 (5) (b) 1. of the statutes is amended to read:

SB350,45,11 252.04 (5) (b) 1. A school, day child care center, or nursery school may exclude from the school, day child care center, or nursery school any student who fails to satisfy the requirements of sub. (2).

SB350, s. 141 Section 141. 252.04 (5) (b) 2. of the statutes is amended to read:

SB350,45,18 252.04 (5) (b) 2. Beginning on July 1, 1993, if the department determines that fewer than 98% of the students in a day child care center, nursery school, or school district who are subject to the requirements of sub. (2) have complied with sub. (2), the day child care center or nursery school shall exclude any child who fails to satisfy the requirements of sub. (2) and the school district shall exclude any student enrolled in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).

SB350, s. 142 Section 142. 252.04 (5) (b) 3. of the statutes is amended to read:

SB350,45,25 252.04 (5) (b) 3. Beginning on July 1, 1995, if the department determines that fewer than 99% of the students in a day child care center, nursery school, or school district who are subject to the requirements of sub. (2) have complied with sub. (2), the day child care center or nursery school shall exclude any child who fails to satisfy the requirements of sub. (2) and the school district shall exclude any student enrolled in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).

SB350, s. 143 Section 143. 252.04 (6) of the statutes is amended to read:

SB350,46,13 252.04 (6) The school, day child care center, or nursery school shall notify the district attorney of the county in which the student resides of any minor student who fails to present written evidence of completed immunizations or a written waiver under sub. (3) within 60 school days after being admitted to the school, day child care center, or nursery school. The district attorney shall petition the court exercising jurisdiction under chs. 48 and 938 for an order directing that the student be in compliance with the requirements of this section. If the court grants the petition, the court may specify the date by which a written waiver shall be submitted under sub. (3) or may specify the terms of the immunization schedule. The court may require an adult student or the parent, guardian, or legal custodian of a minor student who refuses to submit a written waiver by the specified date or meet the terms of the immunization schedule to forfeit not more than $25 per day of violation.

SB350, s. 144 Section 144. 252.21 (1) of the statutes is amended to read:

SB350,46,17 252.21 (1) If a teacher, school nurse, or principal of any school or day child care center knows or suspects that a communicable disease is present in the school or center, he or she shall at once notify the local health officer.

SB350, s. 145 Section 145. 253.15 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,47,17 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day child care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. or 2. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

SB350, s. 146 Section 146. 253.15 (4) of the statutes is amended to read:

SB350,48,16 253.15 (4) Training for day child care providers. Before an individual may obtain a license to operate a day child care center under s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a day child care program under s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training. Before an individual may be certified under s. 48.651 as a day child care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying county department or that is provided by a nonprofit organization arranged by that county department to provide that training. Before an employee or volunteer of a day child care center licensed under s. 48.65, a day child care provider certified under s. 48.651, or a day child care program established under s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or that is provided by a nonprofit organization arranged by the department or county department to provide that training. The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under sub. (2), a presentation of the audiovisual materials purchased or prepared under sub. (2), and an oral explanation of those written and audiovisual materials.

SB350, s. 147 Section 147. 254.162 (1) (c) of the statutes is amended to read:

SB350,48,20 254.162 (1) (c) Day Child care providers certified under s. 48.651 and day child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14).

SB350, s. 148 Section 148. 254.168 (4) of the statutes is amended to read:

SB350,48,22 254.168 (4) A day child care provider certified under s. 48.651.

SB350, s. 149 Section 149. 254.168 (5) of the statutes is amended to read:

SB350,48,25 254.168 (5) A day child care center licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14).

SB350, s. 150 Section 150 . 285.63 (10) (d) 5. of the statutes is amended to read:

SB350,49,3 285.63 (10) (d) 5. Schools, churches, hospitals, nursing homes, or day child care facilities.

SB350, s. 151 Section 151 . 301.12 (14) (a) of the statutes is amended to read:

SB350,49,16 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

SB350, s. 152 Section 152 . 301.46 (4) (a) 2. of the statutes is amended to read:

SB350,49,20 301.46 (4) (a) 2. A day child care provider that holds a license under s. 48.65, that is certified under s. 48.651, that holds a probationary license under s. 48.69, or that is established or contracted for under s. 120.13 (14).

SB350, s. 153 Section 153. 562.06 (3) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,49,25 562.06 (3) Day Child care. Nothing in this section prohibits a licensee from operating a day child care area at a track if the day child care area is licensed by the department of children and families under s. 48.65.

SB350, s. 154 Section 154 . 767.511 (1m) (e) of the statutes is amended to read:

SB350,50,4 767.511 (1m) (e) The cost of day child care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.

SB350, s. 155 Section 155 . 905.04 (4) (e) 1. b. of the statutes is amended to read:

SB350,50,7 905.04 (4) (e) 1. b. "Neglect" has the meaning given in s. 48.981 (1) (d) 48.02 (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 Section 156 . 938.32 (1) (c) 1. c. of the statutes is amended to read:

SB350,50,12 938.32 (1) (c) 1. c. A finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 157 Section 157. 938.33 (4) (c) of the statutes is amended to read:

SB350,51,2 938.33 (4) (c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 158 Section 158 . 938.335 (3g) (c) of the statutes is amended to read:

SB350,51,7 938.335 (3g) (c) That the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 159 Section 159 . 938.34 (2) (b) of the statutes is amended to read:

SB350,51,13 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department, order the agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, day child care, or parent skills training.

SB350, s. 160 Section 160 . 938.355 (2) (b) 6. of the statutes is amended to read:

SB350,52,11 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB350, s. 161 Section 161 . 938.355 (2c) (a) 3. c. of the statutes is amended to read:

SB350,52,15 938.355 (2c) (a) 3. c. Community support services, such as day child care, parenting skills training, housing assistance, employment training , and emergency mental health services.

SB350, s. 162 Section 162. 938.356 (1) of the statutes is amended to read:

SB350,52,24 938.356 (1) Oral warning. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be delinquent or to be in need of protection or services under s. 938.34, 938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a permanency plan under s. 938.38 (5m), the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned 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.

SB350, s. 163 Section 163 . 938.365 (2g) (b) 2. of the statutes is amended to read:

SB350,53,8 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies.

SB350, s. 164 Section 164. 938.365 (2m) (a) 1. of the statutes is amended to read:

SB350,54,2 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies. An order shall be issued under s. 938.355.

SB350, s. 165 Section 165 . 938.38 (5) (c) 7. of the statutes is amended to read:

SB350,54,7 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

Note: Sections 9 to 11, 13 , 16 to 18, 156 to 158, 160 , and 163 to 165 remove some language that was added to the statutes by 2001 Wisconsin Act 109 exempting a juvenile court from the requirement that it make a finding that reasonable efforts have been made to achieve the goal of a child's permanency plan in a situation in which return of the child to the home is the goal of the permanency plan and the parent has been found to have committed certain crimes against his or her child, has had his or her parental rights terminated with respect to another child, or has subjected the child to certain aggravated circumstances. According to DHFS, that language is redundant and confusing and, therefore, should be removed.

SB350, s. 166 Section 166 . 948.53 (1) (a) of the statutes is amended to read:

SB350,54,11 948.53 (1) (a) "Child care provider" means a day child care center that is licensed under s. 48.65 (1), a day child care provider that is certified under s. 48.651, or a day child care program that is established or contracted for under s. 120.13 (14).

Note: Sections 1 to 5, 12 , 14, 19 to 70, 73 and 74, 77 to 106 , 108 to 150, 152 to 154, 159, 161 , and 166 change current statutory references from "day care" to "child care" to reflect current terminology in the child care field and to reflect current licensing standards.

SB350, s. 167 Section 167 . 980.01 (1j) of the statutes is amended to read:

SB350,54,18 980.01 (1j) "Incarceration" includes confinement in a secured juvenile correctional facility, as defined in s. 938.02 (15m) (10p), or a secured child caring institution residential care center for children and youth, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.

SB350, s. 168 Section 168 . 980.02 (1) (b) 3. of the statutes is amended to read: