SB346,15,9
448.653 Information for day child care providers. The department shall
5provide each
day child care center licensed under s. 48.65 and each county agency
6providing child welfare services with a brochure containing information on basic
7child care and the licensing and certification requirements for
day child care
8providers. Each county agency shall provide each
day
child care provider that it
9certifies with a copy of the brochure.
SB346, s. 32
10Section
32. 48.655 of the statutes is amended to read:
SB346,15,16
1148.655 Parental access. A
day child care provider that holds a license under
12s. 48.65, that is certified under s. 48.651, that holds a probationary license under s.
1348.69
, or that is established or contracted for under s. 120.13 (14) shall permit any
14parent or guardian of a child enrolled in the program to visit and observe the program
15of child care at any time during the provider's hours of operation, unless the visit or
16observation is contrary to an existing court order.
SB346, s. 33
17Section
33. 48.656 of the statutes is amended to read:
SB346,15,24
1848.656 Parent's right to know. Every parent, guardian
, or legal custodian
19of a child who is receiving care and supervision, or of a child who is a prospective
20recipient of care and supervision, from a
day child care center that holds a license
21under s. 48.65 (1) or a probationary license under s. 48.69 has the right to know
22certain information about the
day child care center that would aid the parent,
23guardian
, or legal custodian in assessing the quality of care and supervision provided
24by the
day child care center.
SB346, s. 34
25Section
34. 48.657 (title) of the statutes is amended to read:
SB346,16,1
148.657 (title)
Day
Child care center reports.
SB346, s. 35
2Section
35. 48.657 (1) (intro.) of the statutes is amended to read:
SB346,16,53
48.657
(1) (intro.) The department shall provide each
day child care center that
4holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an
5annual report that includes the following information:
SB346,16,118
48.657
(1) (a) Violations of statutes, rules promulgated by the department
9under s. 48.658 (4) (a) or 48.67, or provisions of licensure under s. 48.70 (1) by the
day 10child care center. In providing information under this paragraph, the department
11may not disclose the identity of any employee of the
day child care center.
SB346,16,1714
48.657
(1) (b) A telephone number at the department that a person may call
15to complain of any alleged violation of a statute, rule promulgated by the department
16under s. 48.658 (4) (a) or 48.67, or provision of licensure under s. 48.70 (1) by the
day 17child care center.
SB346, s. 38
18Section
38. 48.657 (1) (c) of the statutes is amended to read:
SB346,16,2019
48.657
(1) (c) The results of the most recent inspection of the
day child care
20center under s. 48.73.
SB346, s. 39
21Section
39. 48.657 (2) of the statutes is amended to read:
SB346,16,2522
48.657
(2) A
day child care center shall post the report under sub. (1) next to
23the
day child care center's license or probationary license in a place where the report
24and the inspection results can be seen by parents, guardians
, or legal custodians
25during the
day child care center's hours of operation.
SB346,17,73
48.657
(2g) If the report under sub. (1) indicates that the
day child care center
4is in violation of a statute, a rule promulgated by the department under s. 48.658 (4)
5(a) or 48.67, or a provision of licensure under s. 48.70 (1), the
day child care center
6shall post with the report any notices received from the department relating to that
7violation.
SB346,17,1310
48.657
(2m) The department shall make available on the department's
11Internet site, as part of the department's licensed
day child care center search
12database, a specific description of any violation described in sub. (1) and a description
13of any steps taken by the
day child care center to correct the violation.
SB346, s. 42
14Section
42. 48.657 (2r) of the statutes is amended to read:
SB346,17,2215
48.657
(2r) Each
day child care center that receives a report under sub. (1) shall
16make available to a parent, guardian
, or legal custodian of a child who is receiving,
17or who is a prospective recipient of, care and supervision from the
day child care
18center the reports under sub. (1) from the previous 2 years and any notices received
19from the department relating to any violations identified in those reports. In
20providing information under this subsection, a
day
child care center may withhold
21any information that would disclose the identity of an employee of the
day child care
22center.
SB346, s. 43
23Section
43. 48.657 (3) of the statutes is amended to read:
SB346,18,3
148.657
(3) The department may require a
day child care center to provide to
2the department any information that is necessary for the department to prepare the
3report under sub. (1).
SB346,18,86
48.658
(1) (a) "Child care provider" means a
day child care center that is
7licensed under s. 48.65 (1), a
day child care provider that is certified under s. 48.651,
8or a
day child care program that is established or contracted for under s. 120.13 (14).
SB346,18,1212
Subchapter xvi
SB346,18,1713
Licensing procedures and
14
requirements for child welfare
15
agencies, foster homes,
16
group homes,
day child care
17
centers
, and county departments
SB346, s. 46
18Section
46. 48.66 (1) (a) of the statutes is amended to read:
SB346,19,319
48.66
(1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
20license and supervise child welfare agencies, as required by s. 48.60, group homes,
21as required by s. 48.625, shelter care facilities, as required by s. 938.22, and
day child 22care centers, as required by s. 48.65. The department may license foster homes or
23treatment foster homes, as provided by s. 48.62, and may license and supervise
24county departments in accordance with the procedures specified in this section and
25in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the
1records and visit the premises of all child welfare agencies, group homes, shelter care
2facilities, and
day child care centers and visit the premises of all foster homes and
3treatment foster homes in which children are placed.
SB346,19,146
48.66
(1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
7license and supervise child welfare agencies, as required by s. 48.60, group homes,
8as required by s. 48.625, shelter care facilities, as required by s. 938.22, and child care
9centers, as required by s. 48.65. The department may license foster homes, as
10provided by s. 48.62, and may license and supervise county departments in
11accordance with the procedures specified in this section and in ss. 48.67 to 48.74. In
12the discharge of this duty the department may inspect the records and visit the
13premises of all child welfare agencies, group homes, shelter care facilities, and child
14care centers and visit the premises of all foster homes in which children are placed.
SB346, s. 48
15Section
48. 48.66 (2) of the statutes is amended to read:
SB346,19,2516
48.66
(2) The department shall prescribe application forms to be used by all
17applicants for licenses from it. The application forms prescribed by the department
18shall require that the social security numbers of all applicants for a license to operate
19a child welfare agency, group home, shelter care facility
, or
day child care center who
20are individuals, other than an individual who does not have a social security number
21and who submits a statement made or subscribed under oath or affirmation as
22required under sub. (2m) (a) 2., be provided and that the federal employer
23identification numbers of all applicants for a license to operate a child welfare
24agency, group home, shelter care facility
, or
day child care center who are not
25individuals be provided.
SB346, s. 49
1Section
49. 48.66 (2m) (a) 1. of the statutes is amended to read:
SB346,20,92
48.66
(2m) (a) 1. Except as provided in subd. 2., the department shall require
3each applicant for a license under sub. (1) (a) to operate a child welfare agency, group
4home, shelter care facility, or
day child care center who is an individual to provide
5that department with the applicant's social security number, and shall require each
6applicant for a license under sub. (1) (a) to operate a child welfare agency, group
7home, shelter care facility, or
day child care center who is not an individual to provide
8that department with the applicant's federal employer identification number, when
9initially applying for or applying to continue the license.
SB346, s. 50
10Section
50. 48.66 (2m) (b) of the statutes is amended to read:
SB346,20,1811
48.66
(2m) (b) If an applicant who is an individual fails to provide the
12applicant's social security number to the department or if an applicant who is not an
13individual fails to provide the applicant's federal employer identification number to
14the department, that department may not issue or continue a license under sub. (1)
15(a) to operate a child welfare agency, group home, shelter care facility, or
day child 16care center to or for the applicant unless the applicant is an individual who does not
17have a social security number and the applicant submits a statement made or
18subscribed under oath or affirmation as required under par. (a) 2.
SB346, s. 51
19Section
51. 48.66 (5) of the statutes is amended to read:
SB346,21,820
48.66
(5) A child welfare agency, group home,
day child care center
, or shelter
21care facility license, other than a probationary license, is valid until revoked or
22suspended, but shall be reviewed every 2 years after the date of issuance as provided
23in this subsection. At least 30 days prior to the continuation date of the license, the
24licensee shall submit to the department an application for continuance of the license
25in the form and containing the information that the department requires. If the
1minimum requirements for a license established under s. 48.67 are met, the
2application is approved, the applicable fees referred to in ss. 48.68 (1) and 48.685 (8)
3are paid
, and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is
4due is paid, the department shall continue the license for an additional 2-year
5period, unless sooner suspended or revoked. If the application is not timely filed, the
6department shall issue a warning to the licensee. If the licensee fails to apply for
7continuance of the license within 30 days after receipt of the warning, the
8department may revoke the license as provided in s. 48.715 (4) and (4m) (b).
SB346, s. 52
9Section
52. 48.67 (intro.) of the statutes is amended to read:
SB346,21,20
1048.67 Rules governing child welfare agencies, day child care centers,
11foster homes, treatment foster homes, group homes, shelter care facilities,
12and county departments. (intro.) The department shall promulgate rules
13establishing minimum requirements for the issuance of licenses to, and establishing
14standards for the operation of, child welfare agencies,
day child care centers, foster
15homes, treatment foster homes, group homes, shelter care facilities, and county
16departments. Those rules shall be designed to protect and promote the health,
17safety, and welfare of the children in the care of all licensees. The department shall
18consult with the department of commerce, the department of public instruction, and
19the child abuse and neglect prevention board before promulgating those rules. Those
20rules shall include rules that require all of the following:
SB346,22,9
2348.67 Rules governing child welfare agencies, child care centers,
24foster homes, group homes, shelter care facilities, and county departments. 25(intro.) The department shall promulgate rules establishing minimum
1requirements for the issuance of licenses to, and establishing standards for the
2operation of, child welfare agencies, child care centers, foster homes, group homes,
3shelter care facilities, and county departments. Those rules shall be designed to
4protect and promote the health, safety, and welfare of the children in the care of all
5licensees. The department shall consult with the department of commerce, the
6department of public instruction, and the child abuse and neglect prevention board
7before promulgating those rules. For foster homes, those rules shall include the rules
8promulgated under s. 48.62 (8). Those rules shall include rules that require all of the
9following:
SB346, s. 54
10Section
54. 48.67 (1) of the statutes is amended to read:
SB346,22,1611
48.67
(1) That all
day child care center licensees, and all employees and
12volunteers of a
day child care center, who provide care and supervision for children
13under one year of age receive, before the date on which the license is issued or the
14employment or volunteer work commences, whichever is applicable, training in the
15most current medically accepted methods of preventing sudden infant death
16syndrome.
SB346, s. 55
17Section
55. 48.67 (2) of the statutes is amended to read:
SB346,22,2318
48.67
(2) That all
day child care center licensees, and all employees and
19volunteers of a
day child care center, who provide care and supervision for children
20under 5 years of age receive, before the date on which the license is issued or the
21employment or volunteer work commences, whichever is applicable, the training
22relating to shaken baby syndrome and impacted babies required under s. 253.15 (4)
23(a) or (c).
SB346, s. 56
24Section
56. 48.67 (3) (a) of the statutes is amended to read:
SB346,23,6
148.67
(3) (a) That all
day
child care center licensees, and all employees of a
day 2child care center, who provide care and supervision for children have current
3proficiency in the use of an automated external defibrillator, as defined in s.
146.50 4256.15 (1) (cr), achieved through instruction provided by an individual, organization,
5or institution of higher education that is approved under s. 46.03 (38) to provide such
6instruction.
SB346, s. 57
7Section
57. 48.685 (1) (b) of the statutes is amended to read:
SB346,23,158
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
948.60 to provide care and maintenance for children, to place children for adoption
, 10or to license foster homes or treatment foster homes; a foster home or treatment
11foster home that is licensed under s. 48.62; a group home that is licensed under s.
1248.625; a shelter care facility that is licensed under s. 938.22; a
day child care center
13that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14);
14a
day child care provider that is certified under s. 48.651; or a temporary employment
15agency that provides caregivers to another entity.
SB346,23,2418
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
1948.60 to provide care and maintenance for children, to place children for adoption,
20or to license foster homes; a foster home that is licensed under s. 48.62; a group home
21that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22;
22a child care center that is licensed under s. 48.65 or established or contracted for
23under s. 120.13 (14); a child care provider that is certified under s. 48.651; or a
24temporary employment agency that provides caregivers to another entity.
SB346, s. 59
25Section
59. 48.685 (2) (am) (intro.) of the statutes is amended to read:
SB346,24,6
148.685
(2) (am) (intro.) The department, a county department, a child welfare
2agency
, or a school board shall obtain all of the following with respect to a caregiver
3specified in sub. (1) (ag) 1. b., a nonclient resident of an entity
, and a person under
418 years of age, but not under 12 years of age, who is a caregiver of a
day child care
5center that is licensed under s. 48.65 or established or contracted for under s. 120.13
6(14) or of a
day child care provider that is certified under s. 48.651:
SB346, s. 60
7Section
60. 48.685 (2) (b) 4. of the statutes is amended to read:
SB346,24,148
48.685
(2) (b) 4. Subdivision 1. does not apply with respect to a person under
918 years of age, but not under 12 years of age, who is a caregiver or nonclient resident
10of a
day child care center that is licensed under s. 48.65 or established or contracted
11for under s. 120.13 (14) or of a
day child care provider that is certified under s. 48.651
12and with respect to whom the department, a county department
, or a school board
13is required under par. (am) (intro.) to obtain the information specified in par. (am)
141. to 5.
SB346, s. 61
15Section
61. 48.685 (3) (a) of the statutes is amended to read:
SB346,24,2416
48.685
(3) (a) Every 4 years or at any time within that period that the
17department, a county department, a child welfare agency, or a school board considers
18appropriate, the department, county department, child welfare agency, or school
19board shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers
20specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to operate an
21entity, for all persons who are nonclient residents of such a caregiver, and for all
22persons under 18 years of age, but not under 12 years of age, who are caregivers of
23a
day child care center that is licensed under s. 48.65 or established or contracted for
24under s. 120.13 (4) or of a
day child care provider that is certified under s. 48.651.
SB346, s. 62
25Section
62. 48.685 (3) (b) of the statutes is amended to read:
SB346,25,7
148.685
(3) (b) Every 4 years or at any time within that period that an entity
2considers appropriate, the entity shall request the information specified in sub. (2)
3(b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the
4entity other than persons under 18 years of age, but not under 12 years of age, who
5are caregivers of a
day child care center that is licensed under s. 48.65 or established
6or contracted for under s. 120.13 (14) or of a
day
child care provider that is certified
7under s. 48.651.
SB346,25,1910
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
11par. (ad) and sub. (5), the department may not license, or continue or renew the
12license of, a person to operate an entity, the department in a county having a
13population of 500,000 or more, a county department, or an agency contracted with
14under s. 48.651 (2) may not certify a
day child care provider under s. 48.651, a county
15department or a child welfare agency may not license, or renew the license of, a foster
16home or treatment foster home under s. 48.62, and a school board may not contract
17with a person under s. 120.13 (14), if the department, county department, contracted
18agency, child welfare agency, or school board knows or should have known any of the
19following:
SB346, s. 64
20Section
64. 48.685 (4m) (a) (intro.) of the statutes, as affected by
2009
21Wisconsin Act 28, section
1072d, and 2009 Wisconsin Act .... (this act), is repealed and
22recreated to read:
SB346,26,623
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
24par. (ad) and sub. (5), the department may not license, or continue or renew the
25license of, a person to operate an entity, the department in a county having a
1population of 500,000 or more, a county department, or an agency contracted with
2under s. 48.651 (2) may not certify a child care provider under s. 48.651, a county
3department or a child welfare agency may not license, or renew the license of, a foster
4home under s. 48.62, and a school board may not contract with a person under s.
5120.13 (14), if the department, county department, contracted agency, child welfare
6agency, or school board knows or should have known any of the following:
SB346, s. 65
7Section
65. 48.685 (4m) (a) 1. of the statutes is amended to read:
SB346,26,148
48.685
(4m) (a) 1. That the person has been convicted of a serious crime or, if
9the person is an applicant for issuance or continuation of a license to operate a
day 10child care center or for initial certification under s. 48.651 or for renewal of that
11certification or if the person is proposing to contract with a school board under s.
12120.13 (14) or to renew a contract under that subsection, that the person has been
13convicted of a serious crime or adjudicated delinquent on or after his or her 12th
14birthday for committing a serious crime.
SB346,26,2417
48.685
(4m) (ad) The department, a county department, or a child welfare
18agency may license a foster home or treatment foster home under s. 48.62, the
19department in a county having a population of 500,000 or more, a county
20department, or an agency contracted with under s. 48.651 (2) may certify a
day child 21care provider under s. 48.651, and a school board may contract with a person under
22s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am)
23indicating that the person is not ineligible to be licensed, certified, or contracted with
24for a reason specified in par. (a) 1. to 5.
SB346,27,104
48.685
(4m) (ad) The department, a county department, or a child welfare
5agency may license a foster home under s. 48.62, the department in a county having
6a population of 500,000 or more, a county department, or an agency contracted with
7under s. 48.651 (2) may certify a child care provider under s. 48.651, and a school
8board may contract with a person under s. 120.13 (14), conditioned on the receipt of
9the information specified in sub. (2) (am) indicating that the person is not ineligible
10to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.
SB346, s. 68
11Section
68. 48.685 (4m) (b) 1. of the statutes is amended to read:
SB346,27,1712
48.685
(4m) (b) 1. That the person has been convicted of a serious crime or, if
13the person is a caregiver or nonclient resident of a
day child care center that is
14licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
15day child care provider that is certified under s. 48.651, that the person has been
16convicted of a serious crime or adjudicated delinquent on or after his or her 12th
17birthday for committing a serious crime.
SB346,28,1420
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
21a person to operate an entity, a county department or a child welfare agency may
22refuse to license a foster home or treatment foster home under s. 48.62, and an entity
23may refuse to employ or contract with a caregiver or permit a nonclient resident to
24reside at the entity if the person has been convicted of an offense that is not a serious
25crime, but that is, in the estimation of the department, county department, child
1welfare agency, or entity, substantially related to the care of a client.
2Notwithstanding s. 111.335, the department may refuse to license a person to
3operate a
day child care center, the department in a county having a population of
4500,000 or more, a county department, or an agency contracted with under s. 48.651
5(2) may refuse to certify a
day child care provider under s. 48.651, a school board may
6refuse to contract with a person under s. 120.13 (14), and a
day child care center that
7is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a
day 8child care provider that is certified under s. 48.651 may refuse to employ or contract
9with a caregiver or permit a nonclient resident to reside at the
day child care center
10or
day child care provider if the person has been convicted of or adjudicated
11delinquent on or after his or her 12th birthday for an offense that is not a serious
12crime, but that is, in the estimation of the department, county department,
13contracted agency, school board,
day child care center, or
day child care provider,
14substantially related to the care of a client.
SB346,29,1017
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
18a person to operate an entity, a county department or a child welfare agency may
19refuse to license a foster home under s. 48.62, and an entity may refuse to employ or
20contract with a caregiver or permit a nonclient resident to reside at the entity if the
21person has been convicted of an offense that is not a serious crime, but that is, in the
22estimation of the department, county department, child welfare agency, or entity,
23substantially related to the care of a client. Notwithstanding s. 111.335, the
24department may refuse to license a person to operate a child care center, the
25department in a county having a population of 500,000 or more, a county
1department, or an agency contracted with under s. 48.651 (2) may refuse to certify
2a child care provider under s. 48.651, a school board may refuse to contract with a
3person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or
4established or contracted for under s. 120.13 (14) or a child care provider that is
5certified under s. 48.651 may refuse to employ or contract with a caregiver or permit
6a nonclient resident to reside at the child care center or child care provider if the
7person has been convicted of or adjudicated delinquent on or after his or her 12th
8birthday for an offense that is not a serious crime, but that is, in the estimation of
9the department, county department, contracted agency, school board, child care
10center, or child care provider, substantially related to the care of a client.
SB346,29,2313
48.685
(6) (a) The department shall require any person who applies for
14issuance, continuation, or renewal of a license to operate an entity, the department
15in a county having a population of 500,000 or more, a county department, or an
16agency contracted with under s. 48.651 (2) shall require any
day child care provider
17who applies for initial certification under s. 48.651 or for renewal of that certification,
18a county department or a child welfare agency shall require any person who applies
19for issuance or renewal of a license to operate a foster home or treatment foster home
20under s. 48.62, and a school board shall require any person who proposes to contract
21with the school board under s. 120.13 (14) or to renew a contract under that
22subsection, to complete a background information form that is provided by the
23department.
SB346,30,10
148.685
(6) (a) The department shall require any person who applies for
2issuance, continuation, or renewal of a license to operate an entity, the department
3in a county having a population of 500,000 or more, a county department, or an
4agency contracted with under s. 48.651 (2) shall require any child care provider who
5applies for initial certification under s. 48.651 or for renewal of that certification, a
6county department or a child welfare agency shall require any person who applies
7for issuance or renewal of a license to operate a foster home under s. 48.62, and a
8school board shall require any person who proposes to contract with the school board
9under s. 120.13 (14) or to renew a contract under that subsection, to complete a
10background information form that is provided by the department.
SB346, s. 73
11Section
73. 48.685 (6) (b) 1. of the statutes is amended to read:
SB346,30,1812
48.685
(6) (b) 1. For caregivers who are licensed by the department, for persons
13under 18 years of age, but not under 12 years of age, who are caregivers of a
day child 14care center that is licensed under s. 48.65 or established or contracted for under s.
15120.13 (14) or of a
day child care provider that is certified under s. 48.651, for persons
16who are nonclient residents of an entity that is licensed by the department, and for
17other persons specified by the department by rule, the entity shall send the
18background information form to the department.
SB346, s. 74
19Section
74. 48.69 of the statutes is amended to read:
SB346,31,9
2048.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7),
21if any child welfare agency, shelter care facility, group home
, or
day child care center
22that has not been previously issued a license under s. 48.66 (1) (a) applies for a
23license, meets the minimum requirements for a license established under s. 48.67
, 24and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a
25probationary license to that child welfare agency, shelter care facility, group home
,
1or
day child care center. A probationary license is valid for up to 6 months after the
2date of issuance unless renewed under this section or suspended or revoked under
3s. 48.715. Before a probationary license expires, the department shall inspect the
4child welfare agency, shelter care facility, group home
, or
day child care center
5holding the probationary license and, except as provided under s. 48.715 (6) and (7),
6if the child welfare agency, shelter care facility, group home
, or
day child care center
7meets the minimum requirements for a license established under s. 48.67, the
8department shall issue a license under s. 48.66 (1) (a). A probationary license issued
9under this section may be renewed for one 6-month period.