SB474: Bill Text

LRB-2533/1

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1995 - 1996 LEGISLATURE

1995 Senate BILL 474

January 3, 1996 - Introduced by Senator Wineke, cosponsored by Representatives Boyle, Notestein, Turner, Krusick and Baldwin. Referred to Committee on Health, Human Services and Aging.

SB474,1,5 An Act to renumber 48.715 (3); to amend 48.65 (1), 48.715 (4) (a), 48.715 (5), 48.76 and 48.77; and to create 48.652, 48.715 (3) (b), 48.715 (3) (c) and 48.981 (7) (a) 13m of the statutes; relating to: the registration of unregulated day care providers, fraudulent misrepresentation that a person is licensed to operate a day care center and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, subject to certain exceptions, a person who for compensation provides care and supervision for children under the age of 7 for less than 24 hours a day (day care services) must be licensed by the department of health and social ser vices (DHSS) to operate a day care center if the person provides day care services for 4 or more children. Also under current law, a person who contracts with a county department of human services or social services (county department) to provide day care services for any number of children must be certified by the county department according to standards adopted by DHSS. Finally, under current law, a school board may establish or contract for the provision of day care services. Currently, any person who provides day care services and who is not required to be licensed or certified and who is not established or contracted for by a school board is not subject to regulation by DHSS or a county department (unregulated day care provider).

This bill permits a county board of supervisors (county board) to enact an ordi nance requiring all unregulated day care providers in the county to register with the county department or a private, nonprofit organization designated by the county board (registration agency) before providing day care services. To register as an un regulated day care provider, a person must provide certain information and docu mentation to the registration agency including: 1) the names of all persons residing at the premises in which the day care services will be provided and of all persons who will be providing day care services for the unregulated day care provider and a state ment that none of those persons is subject to a pending criminal charge, or has been convicted of any offense, the circumstances of which substantially relate to the care of children or to placing children at risk of abuse or neglect; 2) the address of the premises at which the day care services will be provided; 3) the days and hours of operation of the unregulated day care provider; 4) not less than 2 references addres sing the unregulated day care provider's qualifications and suitability for providing day care services; 5) a security deposit and registration fee; and 6) any other in formation or materials that the county board may require. Before registering an un regulated day care provider, a registration agency must determine whether any per son residing at the premises in which the day care services will be provided or any person who will be providing day care services for the unregulated day care provider has been determined under the child abuse reporting law to have abused or neglected a child.

Under the bill, a registration agency may revoke the registration of an unregu lated day care provider under any of the following circumstances:

1. If on 2 or more occasions within the previous 5 years the unregulated day care provider has provided day care services for 4 or more children without obtaining a license from DHSS.

2. If the county department determines after an investigation under the child abuse reporting law that a person residing at the premises in which the day care ser vices are provided or a person who provides day care services for the unregulated day care provider has abused or neglected a child and continues to reside in those prem ises or continues to provide those day care services.

3. If a person residing at the premises in which the day care services are pro vided or a person who provides day care services for the unregulated day care provid er is subject to a pending criminal charge, or has been convicted of an offense, the circumstances of which substantially relate to the care of children or to placing chil dren at risk of abuse or neglect and that person continues to reside in those premises or continues to provide those day care services.

Also under the bill, an unregulated day care provider who is not registered as required under the bill may be fined not more than $500 or imprisoned for not more than one year in the county jail, or both, and is subject to an injunction preventing and restraining the unregulated day care provider from providing day care services without being registered. The penalties and injunctions provided under the bill are the same as those provided under current law for a person who for compensation pro vides day care services for 4 or more children without obtaining a license from DHSS.

Finally, under the bill, no person may fraudulently misrepresent himself or her self as being licensed to operate a day care center. Under the bill, any person who provides care and supervision for less than 4 children, not including that person's own children, while fraudulently misrepresenting himself or herself as being li censed to operate a day care center is subject to a forfeiture of not less than $300 and an order to provide written notice of that fraudulent misrepresentation to the parent, guardian or legal custodian of each child receiving care and supervision from the un licensed person. A person who provides care and supervision for 4 or more children, not including that person's own children, while fraudulently misrepresenting him self or herself as being licensed to operate a day care center is subject to a forfeiture of not less than $500 plus the notification requirement. If on 2 or more occasions within the previous 5 years a person fraudulently misrepresents himself or herself as being licensed to operate a day care center, DHSS must refer that person to the district attorney for criminal prosecution and the institution of an injunction pro ceeding to restrain any continued unlicensed operation. DHSS may deny a day care center license to any person who within the previous 5 years has fraudulently mis represented himself or herself as being licensed to operate a day care center.

For further information see the state and local 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:

SB474, s. 1 Section 1. 48.65 (1) of the statutes is amended to read:

SB474,3,9 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 care center from the department and no person may fraudulently misrepresent himself or herself as being licensed under this subsection. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the license fee under sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

SB474, s. 2 Section 2. 48.652 of the statutes is created to read:

SB474,3,11 48.652 Unregulated day care registration. (1) In this section:

SB474,3,13 (a) "Day care provider" means a person who provides day care services for com pensation.

SB474,3,15 (b) "Day care services" means care and supervision for children under the age of 7 for less than 24 hours a day.

SB474,4,2 (c) "Unregulated day care provider" means a day care provider other than a per son specified in s. 48.65 (2) or a person who holds a license under s. 48.65 or 48.69, who is certified under s. 48.651 or who is established or contracted for under s. 120.13 (14).

SB474,4,6 (2) (a) A county board may enact an ordinance requiring all unregulated day care providers in the county, including those located in any city or village in the county, to register under sub. (3) before providing day care services. An ordinance enacted under this paragraph shall be in strict conformity with this section.

SB474,4,9 (b) A county board may by resolution designate the county department or a pri vate, nonprofit organization that is located in the county as a registration agency to administer this section.

SB474,4,11 (3) (a) An unregulated day care provider shall provide all of the following to the registration agency when registering as an unregulated day care provider:

SB474,4,14 1. The names of all persons residing at the premises in which the unregulated day care provider will provide day care services and the names of all persons who will be providing day care services for the unregulated day care provider.

SB474,4,16 2. The address of the premises in which the unregulated day care provider will provide day care services.

SB474,4,18 3. The days and hours during which the unregulated day care provider will pro vide day care services.

SB474,4,20 4. Not less than 2 signed, written references addressing the unregulated day care provider's qualifications and suitability for providing day care services.

SB474,5,2 5. Subject to ss. 111.321, 111.322 and 111.335, a signed, written statement by the unregulated day care provider that no person residing at the premises in which the unregulated day care provider will be providing day care services is subject to a pending criminal charge, or has been convicted of any felony, misdemeanor or other offense, the circumstances of which substantially relate to the care of children or to placing children at risk of abuse or neglect.

SB474,5,4 6. A security deposit of $15 and a registration fee in an amount to be determined by the county board by ordinance.

SB474,5,6 7. Any other information or documentation that the county board may require by ordinance.

SB474,5,11 (b) Before registering an unregulated day care provider, a registration agency shall determine whether any person residing at the premises in which the unregulat ed day care provider will be providing day care services or any person who will be providing day care services for the unregulated day care provider has been deter mined under s. 48.981 (3) (c) 4 to have abused or neglected a child.

SB474,5,14 (c) A registration agency shall provide a receipt to each unregulated day care provider who pays a security deposit under par. (a) 6. and shall return any security deposit received when a registration is cancelled under sub. (4) (d).

SB474,5,17 (4) (a) A registration agency may revoke the registration and retain the securi ty deposit under par. (a) 6. of an unregulated day care provider under any of the fol lowing circumstances:

SB474,5,20 1. If on 2 or more occasions within the previous 5 years the unregulated day care provider has provided day care services for compensation for 4 or more children with out a license in violation of s. 48.65.

SB474,5,25 2. If the county department determines under s. 48.981 (3) (c) 4. that a person residing at the premises in which the unregulated day care provider provides day care services or a person who provides day care services for the unregulated day care provider has abused or neglected a child and that person continues to reside in those premises or continues to provide those day care services.

SB474,6,7 3. If a person residing at the premises in which the unregulated day care pro vider provides day care services or a person who provides day care services for the unregulated day care provider is subject to a pending criminal charge, or has been convicted of any felony, misdemeanor or other offense, the circumstances of which substantially relate to the care of children or to placing children at risk of abuse or neglect and the person continues to reside in those premises or continues to provide those day care services.

SB474,6,16 (b) A registration agency that is a county department shall provide the district attorney with the list specified in sub. (5) and the district attorney shall notify the registration agency if any of the circumstances specified in par. (a) arise with respect to any unregulated day care provider whose name appears on that list. A registration agency that is a private, nonprofit organization shall provide the district attorney and county department with the list specified in sub. (5) and the district attorney and county department shall notify the registration agency if any of the circumstances specified in par. (a) arise with respect to any unregulated day care provider whose name appears on that list.

SB474,6,19 (c) A registration agency may reregister an unregulated day care provider whose registration has been revoked if the reason specified in par. (a) for the revoca tion has been resolved.

SB474,6,25 (d) An unregulated day care provider may cancel his or her registration under sub. (3) on ceasing to provide day care services; on becoming licensed under s. 48.65 or 48.69, certified under s. 48.651 or established or contracted for under s. 120.13 (14); or on becoming a person specified in s. 48.65 (2). On cancellation, the registra tion authority shall refund the security deposit received from the unregulated day care provider under sub. (3) (a) 6.

SB474,7,2 (5) A registration agency shall maintain a list of all unregulated day care pro viders who are registered with the registration agency.

SB474,7,5 (6) (a) Any unregulated day care provider who is not registered under sub. (3) may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.

SB474,7,10 (b) In addition to the penalties provided in par. (a), the circuit courts shall have jurisdiction to prevent and restrain by injunction any unregulated day care provider who is not registered under sub. (3) from providing day care services without being registered. On the request of a registration agency, a district attorney shall institute an action under ch. 813 for an injunction under this paragraph.

SB474, s. 3 Section 3. 48.715 (3) (a) (intro.) and 1. of the statutes are consolidated, renum bered 48.715 (3) (a) and amended to read:

SB474,7,19 48.715 (3) (a) A daily forfeiture amount per violation of not less than $10 nor more than $50. All of the following apply to a forfeiture under this paragraph:1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. As part of the order, the department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under sub. (2).