LRB-2907/1
GMM:kjf:ph
2011 - 2012 LEGISLATURE
January 9, 2012 - Introduced by Senators S. Coggs, Risser, Taylor, Wanggaard and
Carpenter, cosponsored by Representatives Mason, Young, Turner, Berceau,
Pope-Roberts
and Bernard Schaber. Referred to Committee on Labor, Public
Safety, and Urban Affairs.
SB372,1,4 1An Act to amend 48.715 (2) (a); and to create 48.654 and 48.715 (2) (am) of the
2statutes; relating to: inspections of unlicensed child care centers, a hotline to
3receive reports of alleged unlicensed child care centers, and an unlicensed child
4care center public information and education campaign.
Analysis by the Legislative Reference Bureau
Under current law, no person may for compensation provide care and
supervision for four or more children under seven years of age for less than 24 hours
a day unless that person obtains a license to operate a child care center from the
Department of Children and Families (DCF). If a person operates a child care center
without a license, DCF may order the person to stop operating the child care center
and, if the person fails to comply with the order, DCF may impose a daily forfeiture
of not less than $10 nor more than $1,000.
This bill permits DCF to order a person who operates a child care center without
a license to stop operating the child care center and to submit to random,
unannounced inspections by DCF to ensure that the person is not committing
repeated violations. Under the bill, a person who is ordered to submit to those
inspections is considered to have given consent to any authorized officer, employee,
or agent of DCF to enter and inspect the person's premises, and any refusal to permit
that entry or inspection constitutes grounds for a forfeiture as under current law.
The bill also requires DCF to maintain a toll-free telephone number to receive
reports of alleged unlicensed child care centers and to conduct a public information
and education campaign to promote public awareness of the child care center

licensing requirement, of the benefits of placing a child for care and supervision in
a licensed child care center, and of the possible dangers of placing a child for care and
supervision in an unlicensed child care center.
Finally, the bill authorizes an additional two full-time equivalent positions in
DCF for the purpose of investigating alleged unlicensed child care centers.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB372, s. 1 1Section 1. 48.654 of the statutes is created to read:
SB372,2,13 248.654 Unlicensed child care center hotline and public information
3campaign.
(1) The department shall maintain a toll-free telephone number to
4receive reports of alleged violations of s. 48.65 (1). The department shall publicize
5the toll-free telephone number on the department's Internet site and as widely as
6possible throughout the state. The department shall maintain records of reports
7received under this subsection that permit the release of information provided by
8informants while protecting the identity of the informant. Any record maintained
9by the department under this subsection that relates to the identity of an informant
10shall be only for the confidential use of the department in the enforcement of s. 48.65
11(1), unless the informant expressly agrees to release the record. Appearance in court
12as a witness shall not be considered consent by an informant to release confidential
13records maintained by the department under this subsection.
SB372,3,2 14(2) The department shall conduct a public information and education
15campaign to promote public awareness of the requirements of s. 48.65 (1), of the
16benefits to the health, safety, welfare, and development of a child of placing the child
17for care and supervision in a child care center that is licensed under s. 48.65 (1), and
18of the possible dangers to the health, safety, welfare, and development of a child of

1placing the child for care and supervision with a person that is not licensed as
2required under s. 48.65 (1).
SB372, s. 2 3Section 2. 48.715 (2) (a) of the statutes is amended to read:
SB372,3,74 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care
5facility, or group home, or child care center if the child welfare agency, shelter care
6facility, group home, or child care center
person is without a license in violation of s.
748.66 (1) (a) or a probationary license in violation of s. 48.69.
SB372, s. 3 8Section 3. 48.715 (2) (am) of the statutes is created to read:
SB372,3,169 48.715 (2) (am) That a person who provides care and supervision for children
10in violation of s. 48.65 (1) stop providing that care and supervision in violation of that
11provision and that the person submit to random, unannounced inspections by the
12department to ensure that the person is not committing repeated violations of that
13provision. A person who is ordered to submit to those inspections is considered to
14have given consent to any authorized officer, employee, or agent of the department
15to enter and inspect the person's premises. Any refusal to permit that entry or
16inspection shall constitute grounds for a forfeiture under sub. (3) (a).
SB372, s. 4 17Section 4. Nonstatutory provisions.
SB372,3,2118 (1) Child care licensing enforcement. The authorized FTE positions for the
19department of children and families are increased by 2.0 PR positions, to be funded
20from the appropriation under section 20.437 (2) (jn) of the statutes, for the purpose
21of investigating alleged violations of section 48.65 (1) of the statutes.
SB372,3,2222 (End)
Loading...
Loading...