LRB-2272/1
GMM:jlg:km
1999 - 2000 LEGISLATURE
March 23, 1999 - Introduced by Representatives Kelso, Stone, Grothman,
Hutchison, Olsen, Goetsch, Seratti, Cullen
and Albers, cosponsored by
Senators Darling and Schultz. Referred to Committee on Children and
Families.
AB222,1,4 1An Act to amend 48.67 and 49.155 (1d) (a) of the statutes; relating to: requiring
2day care providers and employes and volunteers of day care providers who
3provide care and supervision for children to receive training in the prevention
4of sudden infant death syndrome.
Analysis by the Legislative Reference Bureau
Under current law, no person may for compensation provide care and
supervision for four or more children under the age of seven for less than 24 hours
a day unless that person obtains a license to operate a day care center from the
department of health and family services (DHFS). To obtain a license to operate a
day care center, a person must meet the minimum requirements for the issuance of
a license established by DHFS by rule. Also, under current law, a school board may
establish and provide day care programs for children. A day care program
established by a school board must meet the standards for a licensed day care center
established by DHFS by rule. In addition, under current law, a county department
of human services or social services must certify a day care provider who is not
required to be licensed by DHFS in order for the day care provider to be eligible for
reimbursement for child care provided from child care subsidy funding provided
under the Wisconsin works (W-2) program. To be certified as a day care provider
under the W-2 program, a person must meet the minimum requirements for
certification established by the department of workforce development (DWD) by
rule.

This bill requires DHFS, in establishing the minimum requirements for the
issuance of licenses to day care centers that provide care and supervision for children
under one year of age, to include a requirement that all licensees and all employes
and volunteers of a licensee who provide care and supervision for children receive
training in the most current medically accepted methods of preventing sudden infant
death syndrome. Similarly, the bill requires DWD, in establishing the requirements
for certification of day care providers under the W-2 program, to include a
requirement that all providers and and all employes and volunteers of a provider
receive that training.
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:
AB222, s. 1 1Section 1. 48.67 of the statute is amended to read:
AB222,3,2 248.67 Rules governing child welfare agencies, day care centers, foster
3homes, treatment foster homes, group homes, shelter care facilities and
4county departments.
The department shall promulgate rules establishing
5minimum requirements for the issuance of licenses to, and establishing standards
6for the operation of, child welfare agencies, day care centers, foster homes, treatment
7foster homes, group homes, shelter care facilities and county departments. These
8rules shall be designed to protect and promote the health, safety and welfare of the
9children in the care of all licensees. The department shall consult with the
10department of commerce and the department of public instruction before
11promulgating these rules. In establishing the minimum requirements for the
12issuance of licenses to day care centers that provide care and supervision for children
13under one year of age, the department shall include a requirement that all licensees
14who are individuals and all employes and volunteers of a licensee who provide care
15and supervision for children receive, before the date on which the license is issued
16or the employment or volunteer work commences, whichever is applicable, training

1in the most current medically accepted methods of preventing sudden infant death
2syndrome.
AB222, s. 2 3Section 2. 49.155 (1d) (a) of the statutes is amended to read:
AB222,3,144 49.155 (1d) (a) The department shall promulgate rules establishing standards
5for the certification of child care providers under s. 48.651. In establishing the
6requirements for certification under this paragraph of a child care provider who
7provides care and supervision for children under one year of age, the department
8shall include a requirement that all providers and all employes and volunteers of a
9provider who provide care and supervision for children receive, before the date on
10which the provider is certified or the employment or volunteer work commences,
11whichever is applicable, training in the most current medically accepted methods of
12preventing sudden infant death syndrome.
In establishing the requirements for
13certification as a Level II certified family day care provider, the department may not
14include a any other requirement for training for providers.
AB222,3,1515 (End)
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