SB346, s. 160 24Section 160. 253.15 (2) of the statutes, as affected by 2009 Wisconsin Act 28,
25is amended to read:
SB346,51,23
1253.15 (2) Informational materials. The board shall purchase or prepare or
2arrange with a nonprofit organization to prepare printed and audiovisual materials
3relating to shaken baby syndrome and impacted babies. The materials shall include
4information regarding the identification and prevention of shaken baby syndrome
5and impacted babies, the grave effects of shaking or throwing on an infant or young
6child, appropriate ways to manage crying, fussing, or other causes that can lead a
7person to shake or throw an infant or young child, and a discussion of ways to reduce
8the risks that can lead a person to shake or throw an infant or young child. The
9materials shall be prepared in English, Spanish, and other languages spoken by a
10significant number of state residents, as determined by the board. The board shall
11make those written and audiovisual materials available to all hospitals, maternity
12homes, and nurse-midwives licensed under s. 441.15 that are required to provide or
13make available materials to parents under sub. (3) (a) 1., to the department and to
14all county departments and nonprofit organizations that are required to provide the
15materials to day child care providers under sub. (4) (d), and to all school boards and
16nonprofit organizations that are permitted to provide the materials to pupils in one
17of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make
18those written materials available to all county departments and Indian tribes that
19are providing home visitation services under s. 48.983 (4) (b) 1. and to all providers
20of prenatal, postpartum, and young child care coordination services under s. 49.45
21(44). The board may make available the materials required under this subsection
22to be made available by making those materials available at no charge on the board's
23Internet site.
SB346, s. 161 24Section 161. 253.15 (4) (title) of the statutes is amended to read:
SB346,51,2525 253.15 (4) (title) Training for day child care providers.
SB346, s. 162
1Section 162. 253.15 (4) of the statutes, as affected by 2009 Wisconsin Act 28,
2is renumbered 253.15 (4) (a) and amended to read:
SB346,52,93 253.15 (4) (a) Before an individual may obtain a license to operate a day child
4care center under s. 48.65 for the care and supervision of children under 5 years of
5age or enter into a contract to provide a day child care program under s. 120.13 (14)
6for the care and supervision of children under 5 years of age, the individual shall
7receive training relating to shaken baby syndrome and impacted babies that is
8approved or provided by the department or that is provided by a nonprofit
9organization arranged by the department to provide that training.
SB346,52,16 10(b) Before an individual may be certified under s. 48.651 as a day child care
11provider of children under 5 years of age, the individual shall receive training
12relating to shaken baby syndrome and impacted babies that is approved or provided
13by the certifying department in a county having a population of 500,000 or more,
14county department, or agency contracted with under s. 48.651 (2) or that is provided
15by a nonprofit organization arranged by that department, county department, or
16contracted agency to provide that training.
SB346,52,24 17(c) Before an employee or volunteer of a day child care center licensed under
18s. 48.65, a day child care provider certified under s. 48.651, or a day child care
19program established under s. 120.13 (14) may provide care and supervision for
20children under 5 years of age, the employee or volunteer shall receive training
21relating to shaken baby syndrome and impacted babies that is approved or provided
22by the department or the certifying county department or agency contracted with
23under s. 48.651 (2) or that is provided by a nonprofit organization arranged by the
24department or that county department or contracted agency to provide that training.
SB346,53,5
1(d) The person conducting the training shall provide to the individual receiving
2the training, without cost to the individual, a copy of the written materials purchased
3or prepared under sub. (2), a presentation of the audiovisual materials purchased or
4prepared under sub. (2), and an oral explanation of those written and audiovisual
5materials.
SB346, s. 163 6Section 163. 253.15 (7) (c) of the statutes is amended to read:
SB346,53,167 253.15 (7) (c) The department, a county department, a nonprofit organization
8specified under sub. (4) (a), (b), or (c), or any other person that provides the training,
9under sub. (4) (a), (b), or (c) and the written and audiovisual materials, and the oral
10explanation specified in sub. (4) (d) is immune from liability for any damages
11resulting from any good faith act or omission in approving, providing, or failing to
12approve or provide that training, those materials, and that explanation. A school
13board is immune from liability for any damages resulting from any good faith act or
14omission in connection with the provision of, or the failure to provide, the training,
15under sub. (4) (a) or (c) and the written and audiovisual materials, and oral
16explanation specified in sub. (4) (d).
SB346, s. 164 17Section 164. 254.162 (1) (c) of the statutes is amended to read:
SB346,53,2018 254.162 (1) (c) Day Child care providers certified under s. 48.651 and day child
19care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or
20established or contracted for under s. 120.13 (14).
SB346, s. 165 21Section 165. 254.168 (4) of the statutes is amended to read:
SB346,53,2222 254.168 (4) A day child care provider certified under s. 48.651.
SB346, s. 166 23Section 166. 254.168 (5) of the statutes is amended to read:
SB346,53,2524 254.168 (5) A day child care center licensed under s. 48.65, provisionally
25licensed under s. 48.69, or established or contracted for under s. 120.13 (14).
SB346, s. 167
1Section 167 . 285.63 (10) (d) 5. of the statutes is amended to read:
SB346,54,32 285.63 (10) (d) 5. Schools, churches, hospitals, nursing homes, or day child care
3facilities.
SB346, s. 168 4Section 168 . 301.46 (4) (a) 2. of the statutes is amended to read:
SB346,54,75 301.46 (4) (a) 2. A day child care provider that holds a license under s. 48.65,
6that is certified under s. 48.651, that holds a probationary license under s. 48.69, or
7that is established or contracted for under s. 120.13 (14).
SB346, s. 169 8Section 169. 562.06 (3) of the statutes is amended to read:
SB346,54,119 562.06 (3) Day Child care. Nothing in this section prohibits a licensee from
10operating a day child care area at a track if the day child care area is licensed by the
11department of children and families under s. 48.65.
SB346, s. 170 12Section 170 . 767.511 (1m) (e) of the statutes is amended to read:
SB346,54,1513 767.511 (1m) (e) The cost of day child care if the custodian works outside the
14home, or the value of custodial services performed by the custodian if the custodian
15remains in the home.
SB346, s. 171 16Section 171 . 938.32 (1) (c) 1. c. of the statutes is amended to read:
SB346,54,2017 938.32 (1) (c) 1. c. A finding as to whether the county department or agency has
18made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless
19return of the juvenile to the home is the goal of the permanency plan and the court
20finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies
.
SB346, s. 172 21Section 172. 938.33 (4) (c) of the statutes is amended to read:
SB346,55,722 938.33 (4) (c) Specific information showing that continued placement of the
23juvenile in his or her home would be contrary to the welfare of the juvenile, specific
24information showing that the county department or the agency primarily
25responsible for providing services to the juvenile has made reasonable efforts to

1prevent the removal of the juvenile from the home, while assuring that the juvenile's
2health and safety are the paramount concerns, unless any of the circumstances
3specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that
4the county department or agency has made reasonable efforts to achieve the goal of
5the juvenile's permanency plan, unless return of the juvenile to the home is the goal
6of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
71. to 4. applies
.
SB346, s. 173 8Section 173 . 938.335 (3g) (c) of the statutes is amended to read:
SB346,55,129 938.335 (3g) (c) That the county department or agency has made reasonable
10efforts to achieve the goal of the juvenile's permanency plan, unless return of the
11juvenile to the home is the goal of the permanency plan and any of the circumstances
12specified in s. 938.355 (2d) (b) 1. to 4. applies
.
SB346, s. 174 13Section 174 . 938.34 (2) (b) of the statutes is amended to read:
SB346,55,1814 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the
15supervision of an agency or the department, order the agency or department to
16provide specified services to the juvenile and the juvenile's family, including
17individual, family, or group counseling, homemaker or parent aide services, respite
18care, housing assistance, day child care, or parent skills training.
SB346, s. 175 19Section 175 . 938.355 (2) (b) 6. of the statutes is amended to read:
SB346,56,1620 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that
21continued placement of the juvenile in his or her home would be contrary to the
22welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
23placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that
24the juvenile's current residence will not safeguard the welfare of the juvenile or the
25community due to the serious nature of the act for which the juvenile was adjudicated

1delinquent. The court order shall also contain a finding as to whether the county
2department or the agency primarily responsible for providing services under a court
3order has made reasonable efforts to prevent the removal of the juvenile from the
4home, while assuring that the juvenile's health and safety are the paramount
5concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
6to 4. applies, and a finding as to whether the county department or agency has made
7reasonable efforts to achieve the goal of the juvenile's permanency plan, unless
8return of the juvenile to the home is the goal of the permanency plan and the court
9finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies
. The court shall
10make the findings specified in this subdivision on a case-by-case basis based on
11circumstances specific to the juvenile and shall document or reference the specific
12information on which those findings are based in the court order. A court order that
13merely references this subdivision without documenting or referencing that specific
14information in the court order or an amended court order that retroactively corrects
15an earlier court order that does not comply with this subdivision is not sufficient to
16comply with this subdivision.
SB346, s. 176 17Section 176 . 938.355 (2c) (a) 3. c. of the statutes is amended to read:
SB346,56,2018 938.355 (2c) (a) 3. c. Community support services, such as day child care,
19parenting skills training, housing assistance, employment training , and emergency
20mental health services.
SB346, s. 177 21Section 177. 938.356 (1) of the statutes is amended to read:
SB346,57,422 938.356 (1) Oral warning. Whenever the court orders a juvenile to be placed
23outside his or her home or denies a parent visitation because the juvenile has been
24adjudged to be delinquent or to be in need of protection or services under s. 938.34,
25938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a permanency

1plan under s. 938.38 (5m)
, the court shall orally inform the parent or parents who
2appear in court of any grounds for termination of parental rights under s. 48.415
3which may be applicable and of the conditions necessary for the juvenile to be
4returned to the home or for the parent to be granted visitation.
SB346, s. 178 5Section 178 . 938.365 (2g) (b) 2. of the statutes is amended to read:
SB346,57,126 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement
7and of any progress the juvenile has made, suggestions for amendment of the
8permanency plan, and specific information showing the efforts that have been made
9to achieve the goal of the permanency plan, including, if applicable, the efforts of the
10parents to remedy the factors that contributed to the juvenile's placement, unless
11return of the juvenile to the home is the goal of the permanency plan and any of the
12circumstances under s. 938.355 (2d) (b) 1. to 4. applies
.
SB346, s. 179 13Section 179. 938.365 (2m) (a) 1. of the statutes is amended to read:
SB346,58,214 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
15extension. If the juvenile is placed outside of his or her home, the person or agency
16primarily responsible for providing services to the juvenile shall present as evidence
17specific information showing that the person or agency has made reasonable efforts
18to achieve the goal of the juvenile's permanency plan, unless return of the juvenile
19to the home is the goal of the permanency plan and any of the circumstances under
20s. 938.355 (2d) (b) 1. to 4. applies
. The court shall make findings of fact and
21conclusions of law based on the evidence. The findings of fact shall include a finding
22as to whether reasonable efforts were made by the person or agency primarily
23responsible for providing services to the juvenile to achieve the goal of the juvenile's
24permanency plan, unless return of the juvenile to the home is the goal of the

1permanency plan and the court finds that any of the circumstances under s. 938.355
2(2d) (b) 1. to 4. applies
. An order shall be issued under s. 938.355.
SB346, s. 180 3Section 180 . 938.38 (5) (c) 7. of the statutes is amended to read:
SB346,58,74 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
5the goal of the permanency plan, unless return of the juvenile to the home is the goal
6of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b)
71. to 4. applies
.
SB346, s. 181 8Section 181 . 948.53 (1) (a) of the statutes is amended to read:
SB346,58,119 948.53 (1) (a) "Child care provider" means a day child care center that is
10licensed under s. 48.65 (1), a day child care provider that is certified under s. 48.651,
11or a day child care program that is established or contracted for under s. 120.13 (14).
SB346, s. 182 12Section 182. Initial applicability.
SB346,58,1313 (1) Out-of-home placements of children.
SB346,58,1714 (a) Juvenile court reports. The treatment of sections 48.33 (4) (c), 48.365 (2g)
15(b) 2., 938.33 (4) (c), and 938.365 (2g) (b) 2. of the statutes first applies to reports filed
16with the court assigned to exercise jurisdiction under chapters 48 and 938 of the
17statutes on the effective date of this paragraph.
SB346,58,2118 (b) Orders placing child outside home. The treatment of sections 48.32 (1) (b)
191. c., 48.355 (2) (b) 6., 48.365 (2m) (a) 1., 938.32 (1) (c) 1. c., 938.355 (2) (b) 6., 938.356
20(1) (with respect to court orders), and 938.365 (2m) (a) 1. of the statutes first applies
21to court orders granted on the effective date of this paragraph.
SB346,58,2522 (c) Permanency plan reviews and hearings. The treatment of sections 48.356
23(1), 48.38 (5) (c) 7., 938.356 (1) (with respect to permanency plan reviews), and 938.38
24(5) (c) 7. of the statutes first applies to permanency plan reviews and hearings held
25on the effective date of this paragraph.
SB346, s. 183
1Section 183. Effective dates. This act takes effect on the day after
2publication, except as follows:
SB346,59,53 (1) Main street Equity act. The treatment of section 77.54 (20n) (b) of the
4statutes takes effect on October 1, 2009, or on the day after publication, whichever
5is later.
SB346,59,86 (2) Clean indoor air. The treatment of section 101.123 (1) (ad) and (2) (a) 1r.
7and (d) 2. of the statutes takes effect on July 5, 2010, or on the day after publication,
8whichever is later.
SB346,59,149 (3) Treatment foster homes. The repeal and recreation of sections 48.66 (1)
10(a), 48.67 (intro.), 48.685 (1) (b), (4m) (a) (intro.) and (ad), (5m), and (6) (a), and 48.73
11of the statutes takes effect on the date stated in the notice provided by the secretary
12of children and families and published in the Wisconsin Administrative Register
13under section 48.62 (9) of the statutes, or on the day after publication, whichever is
14later.
SB346,59,1515 (End)
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