AB485: Bill Text

AB485,12,5 chapter 48

AB485,12,7 Subchapter xv Day Child care providers

AB485, s. 22 Section 22. 48.65 (title) of the statutes is amended to read:

AB485,12,9 48.65 (title) Day Child care centers licensed; fees.

AB485, s. 23 Section 23. 48.65 (1) of the statutes is amended to read:

AB485,12,18 48.65 (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 child care center from the department. To obtain a license under this subsection to operate a day child care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, 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 (5).

AB485, s. 24 Section 24. 48.65 (3) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB485,13,6 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day child care center that provides care and supervision for 4 to 8 children, the day child 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 child care center that provides care and supervision for 9 or more children, the day child care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children that the day child care center is licensed to serve. A day child 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 child care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day child care center.

AB485, s. 25 Section 25. 48.65 (3) (b) of the statutes is amended to read:

AB485,13,13 48.65 (3) (b) A day child 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 child care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the day child care center shall pay an additional fee of $5 per day for every day after the deadline that the group home child care center fails to pay the fee.

AB485, s. 26 Section 26. 48.651 (title) of the statutes is amended to read:

AB485,13,15 48.651 (title) Certification of day child care providers.

AB485, s. 27 Section 27. 48.651 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB485,14,5 48.651 (1) (intro.) No person, other than a day child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive reimbursement for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d), by the department in a county having a population of 500,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified in sub. (2). The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of day child care providers:

AB485, s. 28 Section 28. 48.651 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB485,14,11 48.651 (1) (a) Level I certified family day child care providers, as established by the department under s. 49.155 (1d). No provider may be certified under this paragraph if the provider is a relative of all of the children for whom he or she the provider provides care.

AB485, s. 29 Section 29. 48.651 (1) (b) of the statutes is amended to read:

AB485,14,14 48.651 (1) (b) Level II certified family day child care providers, as established by the department under s. 49.155 (1d).

AB485, s. 30 Section 30. 48.651 (2) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB485,15,2 48.651 (2) The department in a county having a population of 500,000 or more or a county department shall certify day child care providers under sub. (1) or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, or other agency to certify day child care providers under sub. (1) in a particular geographic area or for a particular Indian tribal unit. The department in a county having a population of 500,000 or more or a county department that certifies day child care providers under sub. (1) may charge a fee to cover the costs of certifying those providers. An agency contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying day child care providers.

AB485, s. 31 Section 31. 48.653 of the statutes is amended to read:

AB485,15,9 48.653 Information for day child care providers. The department shall provide each day child care center licensed under s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day child care providers. Each county agency shall provide each day child care provider that it certifies with a copy of the brochure.

AB485, s. 32 Section 32. 48.655 of the statutes is amended to read:

AB485,15,16 48.655 Parental access. 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) 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.

AB485, s. 33 Section 33. 48.656 of the statutes is amended to read:

AB485,15,24 48.656 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 child care center that holds a license under s. 48.65 (1) or a probationary license under s. 48.69 has the right to know certain information about the day child care center that would aid the parent, guardian, or legal custodian in assessing the quality of care and supervision provided by the day child care center.

AB485, s. 34 Section 34. 48.657 (title) of the statutes is amended to read:

AB485,16,1 48.657 (title) Day Child care center reports.

AB485, s. 35 Section 35. 48.657 (1) (intro.) of the statutes is amended to read:

AB485,16,5 48.657 (1) (intro.) The department shall provide each day child care center that holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an annual report that includes the following information:

AB485, s. 36 Section 36. 48.657 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 19, is amended to read:

AB485,16,11 48.657 (1) (a) Violations of statutes, rules promulgated by the department under s. 48.658 (4) (a) or 48.67, or provisions of licensure under s. 48.70 (1) by the day child care center. In providing information under this paragraph, the department may not disclose the identity of any employee of the day child care center.

AB485, s. 37 Section 37. 48.657 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 19, is amended to read:

AB485,16,17 48.657 (1) (b) 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. 48.658 (4) (a) or 48.67, or provision of licensure under s. 48.70 (1) by the day child care center.

AB485, s. 38 Section 38. 48.657 (1) (c) of the statutes is amended to read:

AB485,16,20 48.657 (1) (c) The results of the most recent inspection of the day child care center under s. 48.73.

AB485, s. 39 Section 39. 48.657 (2) of the statutes is amended to read:

AB485,16,25 48.657 (2) A day child care center shall post the report under sub. (1) next to the day child 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 child care center's hours of operation.

AB485, s. 40 Section 40. 48.657 (2g) of the statutes, as affected by 2009 Wisconsin Act 19, is amended to read:

AB485,17,7 48.657 (2g) If the report under sub. (1) indicates that the day child care center is in violation of a statute, a rule promulgated by the department under s. 48.658 (4) (a) or 48.67, or a provision of licensure under s. 48.70 (1), the day child care center shall post with the report any notices received from the department relating to that violation.

AB485, s. 41 Section 41. 48.657 (2m) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB485,17,13 48.657 (2m) The department shall make available on the department's Internet site, as part of the department's licensed day child care center search database, a specific description of any violation described in sub. (1) and a description of any steps taken by the day child care center to correct the violation.

AB485, s. 42 Section 42. 48.657 (2r) of the statutes is amended to read:

AB485,17,22 48.657 (2r) Each day child care center that receives a report under sub. (1) 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 child care center the reports under sub. (1) 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, a day child care center may withhold any information that would disclose the identity of an employee of the day child care center.

AB485, s. 43 Section 43. 48.657 (3) of the statutes is amended to read:

AB485,18,3 48.657 (3) The department may require a day child care center to provide to the department any information that is necessary for the department to prepare the report under sub. (1).

AB485, s. 44 Section 44. 48.658 (1) (a) of the statutes, as created by 2009 Wisconsin Act 19, is amended to read:

AB485,18,8 48.658 (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).

AB485, s. 45 Section 45. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB485,18,11 chapter 48

AB485,18,12 Subchapter xvi

AB485,18,17 Licensing procedures and requirements for child welfare agencies, foster homes, group homes, day child care centers, and county departments

AB485, s. 46 Section 46. 48.66 (1) (a) of the statutes is amended to read:

AB485,19,3 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, shelter care facilities, as required by s. 938.22, and day child 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. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and day child care centers and visit the premises of all foster homes and treatment foster homes in which children are placed.

AB485, s. 47 Section 47. 48.66 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB485,19,14 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, shelter care facilities, as required by s. 938.22, and child care centers, as required by s. 48.65. The department may license 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. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes in which children are placed.

AB485, s. 48 Section 48. 48.66 (2) of the statutes is amended to read:

AB485,19,25 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, shelter care facility, or day child 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, shelter care facility, or day child care center who are not individuals be provided.

AB485, s. 49 Section 49. 48.66 (2m) (a) 1. of the statutes is amended to read:

AB485,20,9 48.66 (2m) (a) 1. Except as provided in subd. 2., the department shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or day child 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, shelter care facility, or day child 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.

AB485, s. 50 Section 50. 48.66 (2m) (b) of the statutes is amended to read:

AB485,20,18 48.66 (2m) (b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, that department may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or day child 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.

AB485, s. 51 Section 51. 48.66 (5) of the statutes is amended to read:

AB485,21,8 48.66 (5) A child welfare agency, group home, day child 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).

AB485, s. 52 Section 52. 48.67 (intro.) of the statutes is amended to read:

AB485,21,20 48.67 Rules governing child welfare agencies, day child care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. (intro.) 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 child care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those 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, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. Those rules shall include rules that require all of the following:

AB485, s. 53 Section 53. 48.67 (intro.) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB485,22,9 48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those 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, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:

AB485, s. 54 Section 54. 48.67 (1) of the statutes is amended to read:

AB485,22,16 48.67 (1) That all day child care center licensees, and all employees and volunteers of a day child care center, who provide care and supervision for children under one year of age 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.

AB485, s. 55 Section 55. 48.67 (2) of the statutes is amended to read:

AB485,22,23 48.67 (2) That all day child care center licensees, and all employees and volunteers of a day child care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4) (a) or (c).

AB485, s. 56 Section 56. 48.67 (3) (a) of the statutes is amended to read:

AB485,23,6 48.67 (3) (a) That all day child care center licensees, and all employees of a day child care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

AB485, s. 57 Section 57. 48.685 (1) (b) of the statutes is amended to read:

AB485,23,15 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 child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a day child care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.

AB485, s. 58 Section 58. 48.685 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB485,23,24 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; a 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 child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.

AB485, s. 59 Section 59. 48.685 (2) (am) (intro.) of the statutes is amended to read:

AB485,24,6 48.685 (2) (am) (intro.) The department, 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 child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day child care provider that is certified under s. 48.651:

AB485, s. 60 Section 60. 48.685 (2) (b) 4. of the statutes is amended to read:

AB485,24,14 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 child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day child care provider that is certified under s. 48.651 and with respect to whom the department, a county department, or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.

AB485, s. 61 Section 61. 48.685 (3) (a) of the statutes is amended to read:

AB485,24,24 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, or a school board considers appropriate, the department, county department, child welfare agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of such a caregiver, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day child care provider that is certified under s. 48.651.

AB485, s. 62 Section 62. 48.685 (3) (b) of the statutes is amended to read:

AB485,25,7 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the entity other than persons under 18 years of age, but not under 12 years of age, who are caregivers of a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day child care provider that is certified under s. 48.651.

AB485, s. 63 Section 63. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, section 1071d, is amended to read:

AB485,25,19 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a day child care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:

AB485, s. 64 Section 64. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, section 1072d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read: