SB350: Bill Text

SB350, s. 57 Section 57. 48.685 (4m) (b) 1. of the statutes is amended to read:

SB350,24,9 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if the person 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, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.

SB350, s. 58 Section 58. 48.685 (5m) of the statutes is amended to read:

SB350,25,3 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day child care center, a county department may refuse to certify a day child care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14), and a day child care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day child care center or day child care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, school board, day child care center or day child care provider, substantially related to the care of a client.

SB350, s. 59 Section 59. 48.685 (6) (a) of the statutes is amended to read:

SB350,25,13 48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, a county department shall require any day child care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.

SB350, s. 60 Section 60. 48.685 (6) (b) 1. of the statutes is amended to read:

SB350,25,21 48.685 (6) (b) 1. For caregivers who are licensed by the department, for 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, for persons who are nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.

SB350, s. 61 Section 61. 48.69 of the statutes is amended to read:

SB350,26,12 48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home, or day child care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67, and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home, or day child care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home, or day child care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home, or day child care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.

SB350, s. 62 Section 62. 48.715 (1) of the statutes is amended to read:

SB350,26,16 48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home, or day child care center.

SB350, s. 63 Section 63. 48.715 (2) (a) of the statutes is amended to read:

SB350,26,21 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, group home, or day child care center if the child welfare agency, shelter care facility, group home, or day child care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.

SB350, s. 64 Section 64. 48.715 (4) (c) of the statutes is amended to read:

SB350,27,2 48.715 (4) (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, group home, or day child care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.

SB350, s. 65 Section 65. 48.715 (6) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,27,19 48.715 (6) The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility, or day child care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured residential care center for children and youth, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

SB350, s. 66 Section 66. 48.715 (7) of the statutes is amended to read:

SB350,28,2 48.715 (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility , or day child care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.

SB350, s. 67 Section 67. 48.73 of the statutes is amended to read:

SB350,28,7 48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, group home , and day child care center licensed by it, and for such purpose shall be given unrestricted access to the premises described in the license.

SB350, s. 68 Section 68. 48.735 of the statutes is amended to read:

SB350,28,13 48.735 Immunization requirements; day child care centers. The department, after notice to a day child care center licensee, may suspend, revoke, or refuse to continue a day child care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.

SB350, s. 69 Section 69. 48.737 of the statutes is amended to read:

SB350,28,21 48.737 Lead screening, inspection and reduction requirements; day child care centers. The department, after notice to a day child care provider certified under s. 48.651, or a day child care center that holds a license under s. 48.65 or a probationary license under s. 48.69, may suspend, revoke, or refuse to renew or continue a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168, or 254.172.

SB350, s. 70 Section 70 . 48.78 (1) of the statutes is amended to read:

SB350,28,25 48.78 (1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, or a licensed day child care center.

SB350, s. 71 Section 71. 48.78 (2) (a) of the statutes is amended to read:

SB350,29,6 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.

Note: This Section conforms s. 48.78, stats., of the Children's Code to s. 938.78, stats., its analogous provision in the Juvenile Justice Code, by requiring an agency that provides services under the Children's Code to maintain the confidentiality of records kept or information received about an individual who is or was in the agency's care or custody. According to DHFS, 2005 Wisconsin Act 344, which recodified ch. 938, stats., (the Juvenile Justice Code), amended s. 938.78, stats., but did not conform the analogous provision of s. 48.78, stats.

SB350, s. 72 Section 72. 48.981 (1) (d) of the statutes is renumbered 48.02 (12g).

SB350, s. 73 Section 73 . 48.981 (2) (a) 18. of the statutes is amended to read:

SB350,29,10 48.981 (2) (a) 18. A child-care child care worker in a day child care center, group home, as described in s. 48.625 (1m), or residential care center for children and youth.

Note: This Section makes a child care worker in any group home a mandatory child abuse or neglect reporter. Under current law, only a child care worker in a group home that is authorized solely to provide a safe and structured living arrangement for children who are custodial parents or expectant mothers is a mandatory reporter. According to DHFS, all child care workers in group homes should be mandatory reporters and the reference limiting mandatory reporting to a subset of group home child care workers appears to be an error.

SB350, s. 74 Section 74 . 48.981 (2) (a) 19. of the statutes is amended to read:

SB350,29,12 48.981 (2) (a) 19. A day child care provider.

SB350, s. 75 Section 75 . 48.982 (1) (c) of the statutes is repealed.

SB350, s. 76 Section 76 . 48.983 (1) (g) of the statutes, as affected by 2007 Wisconsin Act 20, is repealed.

SB350, s. 77 Section 77 . 49.136 (1) (d) of the statutes is renumbered 49.136 (1) (ad) and amended to read:

SB350,30,3 49.136 (1) (ad) "Day Child care center" means a facility operated by a child care provider that provides care and supervision for 4 or more children under 7 years of age for less than 24 hours a day.

SB350, s. 78 Section 78. 49.136 (1) (e) of the statutes is renumbered 49.136 (1) (am) and amended to read:

SB350,30,10 49.136 (1) (am) "Day Child care program" means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.

SB350, s. 79 Section 79. 49.136 (1) (j) of the statutes is amended to read:

SB350,30,13 49.136 (1) (j) "Family day child care center" means a day child care center that provides care and supervision for not less than 4 nor more than 8 children.

SB350, s. 80 Section 80. 49.136 (1) (k) of the statutes is amended to read:

SB350,30,16 49.136 (1) (k) "Group day child care center" means a day child care center that provides care and supervision for 9 or more children.

SB350, s. 81 Section 81. 49.136 (2) (b) of the statutes is amended to read:

SB350,30,25 49.136 (2) (b) If the department awards grants under this section, the department shall attempt to award the grants to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employees, family day child care centers, group day child care centers and day child care programs for the children of student parents, organizations that provide child care for sick children, and child care providers that employ participants or former participants in a Wisconsin Works employment position under s. 49.147 (3) to (5).

SB350, s. 82 Section 82. 49.137 (1) (a) of the statutes is renumbered 49.137 (1) (am).

SB350, s. 83 Section 83. 49.137 (1) (b) of the statutes is renumbered 49.137 (1) (ab) and amended to read:

SB350,31,5 49.137 (1) (ab) "Day Child care center" has the meaning given in s. 49.136 (1) (d) (ad).

SB350, s. 84 Section 84. 49.137 (1) (d) of the statutes is renumbered 49.137 (1) (bd) and amended to read:

SB350,31,9 49.137 (1) (bd) "Family day child care center" has the meaning given in s. 49.136 (1) (j).

SB350, s. 85 Section 85. 49.137 (1) (e) of the statutes is amended to read:

SB350,31,12 49.137 (1) (e) "Group day child care center" has the meaning given in s. 49.136 (1) (k).

SB350, s. 86 Section 86. 49.155 (1) (am) of the statutes is amended to read:

SB350,31,15 49.155 (1) (am) "Level I certified family day child care provider" means a day child care provider certified under s. 48.651 (1) (a).

SB350, s. 87 Section 87. 49.155 (1) (b) of the statutes is amended to read:

SB350,31,18 49.155 (1) (b) "Level II certified family day child care provider" means a day child care provider certified under s. 48.651 (1) (b).

SB350, s. 88 Section 88. 49.155 (1d) (a) of the statutes is amended to read:

SB350,32,9 49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the provider, employee, or volunteer provides care and supervision for children under one year of age, and the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4), if the provider, employee, or volunteer provides care and supervision for children under 5 years of age. In establishing the requirements for certification as a Level II certified family day child care provider, the department may not include any other requirement for training for providers.

SB350, s. 89 Section 89. 49.155 (1d) (b) of the statutes is amended to read:

SB350,32,19 49.155 (1d) (b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day child care centers by the national association for the education of young children National Association for the Education of Young Children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.

SB350, s. 90 Section 90. 49.155 (1g) (a) 2. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,32,23 49.155 (1g) (a) 2. Grants under s. 49.134 (2) for child day care resource and referral services, in the amount of at least $1,225,000 per fiscal year.

SB350, s. 91 Section 91. 49.155 (4) of the statutes is amended to read:

SB350,33,5 49.155 (4) Choice of provider. An eligible individual shall choose whether the child care will be provided by a day child care center licensed under s. 48.65, a Level I certified family day child care provider, a Level II certified family day child care provider, or a day child care program provided or contracted for by a school board under s. 120.13 (14).

SB350, s. 92 Section 92. 49.155 (6) (b) of the statutes is amended to read:

SB350,33,11 49.155 (6) (b) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level I certified family day child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).

SB350, s. 93 Section 93. 49.155 (6) (c) of the statutes is amended to read:

SB350,33,17 49.155 (6) (c) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level II certified family day child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).

SB350, s. 94 Section 94. 49.155 (6) (cm) of the statutes is amended to read:

SB350,33,21 49.155 (6) (cm) The department shall modify child care provider reimbursement rates established under pars. (a) to (c) so that reimbursement rates are lower for providers of after-school day child care.

SB350, s. 95 Section 95. 66.1017 (title) of the statutes is amended to read:

SB350,33,23 66.1017 (title) Family day child care homes.

SB350, s. 96 Section 96. 66.1017 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,34,3 66.1017 (1) (a) "Family day child care home" means a dwelling licensed as a day child care center by the department of children and families under s. 48.65 where care is provided for not more than 8 children.

SB350, s. 97 Section 97. 66.1017 (2) of the statutes is amended to read:

SB350,34,11 66.1017 (2) No municipality may prevent a family day child care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family day child care homes that are different from the licensing standards established under s. 48.65. This subsection does not prevent a municipality from applying to a family day child care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.

SB350, s. 98 Section 98. 71.07 (2dd) (a) 1. of the statutes is amended to read:

SB350,34,16 71.07 (2dd) (a) 1. "Day care center benefits" means benefits provided at a day child care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.

SB350, s. 99 Section 99. 71.28 (1dd) (a) 1. of the statutes is amended to read:

SB350,34,21 71.28 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day child care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.

SB350, s. 100 Section 100. 71.47 (1dd) (a) 1. of the statutes is amended to read:

SB350,35,2 71.47 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day child care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically incapable of caring for themselves.

SB350, s. 101 Section 101. 73.0301 (1) (d) 2. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,35,7 73.0301 (1) (d) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or day child care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).

SB350, s. 102 Section 102. 77.54 (20) (c) 4. of the statutes is amended to read: