SB346: Bill Text

SB346,21,20 48.67 Rules governing child welfare agencies, day child care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day child care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. Those rules shall include rules that require all of the following:

SB346, s. 53 Section 53. 48.67 (intro.) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

SB346,22,9 48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:

SB346, s. 54 Section 54. 48.67 (1) of the statutes is amended to read:

SB346,22,16 48.67 (1) That all day child care center licensees, and all employees and volunteers of a day child care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.

SB346, s. 55 Section 55. 48.67 (2) of the statutes is amended to read:

SB346,22,23 48.67 (2) That all day child care center licensees, and all employees and volunteers of a day child care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4) (a) or (c).

SB346, s. 56 Section 56. 48.67 (3) (a) of the statutes is amended to read:

SB346,23,6 48.67 (3) (a) That all day child care center licensees, and all employees of a day child care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

SB346, s. 57 Section 57. 48.685 (1) (b) of the statutes is amended to read:

SB346,23,15 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a day child care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.

SB346, s. 58 Section 58. 48.685 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

SB346,23,24 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.

SB346, s. 59 Section 59. 48.685 (2) (am) (intro.) of the statutes is amended to read:

SB346,24,6 48.685 (2) (am) (intro.) The department, a county department, a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity , and a person under 18 years of age, but not under 12 years of age, who is a caregiver 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:

SB346, s. 60 Section 60. 48.685 (2) (b) 4. of the statutes is amended to read:

SB346,24,14 48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who 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 and with respect to whom the department, a county department, or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.

SB346, s. 61 Section 61. 48.685 (3) (a) of the statutes is amended to read:

SB346,24,24 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, or a school board considers appropriate, the department, county department, child welfare agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of such a caregiver, and for all 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 (4) or of a day child care provider that is certified under s. 48.651.

SB346, s. 62 Section 62. 48.685 (3) (b) of the statutes is amended to read:

SB346,25,7 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the entity other than 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.

SB346, s. 63 Section 63. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, section 1071d, is amended to read:

SB346,25,19 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a day child care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:

SB346, s. 64 Section 64. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, section 1072d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB346,26,6 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a child care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:

SB346, s. 65 Section 65. 48.685 (4m) (a) 1. of the statutes is amended to read:

SB346,26,14 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a day child care center or for initial certification under s. 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under s. 120.13 (14) or to renew a contract under that subsection, 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.

SB346, s. 66 Section 66. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Act 28, section 1073d, is amended to read:

SB346,26,24 48.685 (4m) (ad) The department, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a day child care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.

SB346, s. 67 Section 67. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Acts 28, section 1074d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB346,27,10 48.685 (4m) (ad) The department, a county department, or a child welfare agency may license a foster home under s. 48.62, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.

SB346, s. 68 Section 68. 48.685 (4m) (b) 1. of the statutes is amended to read:

SB346,27,17 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.

SB346, s. 69 Section 69. 48.685 (5m) of the statutes, as affected by 2009 Wisconsin Act 28, section 1077d, is amended to read:

SB346,28,14 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, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) 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), and a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or 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, contracted agency, school board, day child care center, or day child care provider, substantially related to the care of a client.

SB346, s. 70 Section 70. 48.685 (5m) of the statutes, as affected by 2009 Wisconsin Act 28, section 1078d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB346,29,10 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 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 child care center, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may refuse to certify a child care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a 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 child care center or 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, contracted agency, school board, child care center, or child care provider, substantially related to the care of a client.

SB346, s. 71 Section 71. 48.685 (6) (a) of the statutes, as affected by 2009 Wisconsin Act 28, section 1079d, is amended to read:

SB346,29,23 48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) 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.

SB346, s. 72 Section 72. 48.685 (6) (a) of the statutes, as affected by 2009 Wisconsin Act 28, section 1080d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB346,30,10 48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any 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 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.

SB346, s. 73 Section 73. 48.685 (6) (b) 1. of the statutes is amended to read:

SB346,30,18 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.

SB346, s. 74 Section 74. 48.69 of the statutes is amended to read:

SB346,31,9 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.

SB346, s. 75 Section 75. 48.715 (1) of the statutes is amended to read:

SB346,31,13 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.

SB346, s. 76 Section 76. 48.715 (2) (a) of the statutes is amended to read:

SB346,31,18 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.

SB346, s. 77 Section 77. 48.715 (4) (c) of the statutes is amended to read:

SB346,31,24 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.

SB346, s. 78 Section 78. 48.715 (6) of the statutes is amended to read:

SB346,32,15 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.

SB346, s. 79 Section 79. 48.715 (7) of the statutes is amended to read:

SB346,32,23 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.

SB346, s. 80 Section 80. 48.73 of the statutes is amended to read:

SB346,33,4 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.

SB346, s. 81 Section 81. 48.73 of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

SB346,33,10 48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department, and for that purpose shall be given unrestricted access to the premises described in the license.

SB346, s. 82 Section 82. 48.735 of the statutes is amended to read:

SB346,33,16 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.

SB346, s. 83 Section 83. 48.737 of the statutes is amended to read:

SB346,33,24 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.

SB346, s. 84 Section 84 . 48.78 (1) of the statutes is amended to read:

SB346,34,3 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.

SB346, s. 85 Section 85. 48.78 (2) (a) of the statutes is amended to read:

SB346,34,9 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.

SB346, s. 86 Section 86. 48.981 (1) (d) of the statutes is renumbered 48.02 (12g).

SB346, s. 87 Section 87 . 48.981 (2) (a) 18. of the statutes is amended to read:

SB346,34,13 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.

SB346, s. 88 Section 88 . 48.981 (2) (a) 19. of the statutes is amended to read:

SB346,34,15 48.981 (2) (a) 19. A day child care provider.

SB346, s. 89 Section 89 . 48.982 (1) (c) of the statutes is repealed.

SB346, s. 90 Section 90 . 48.983 (1) (g) of the statutes is repealed.

SB346, s. 91 Section 91 . 49.136 (1) (d) of the statutes is renumbered 49.136 (1) (ad) and amended to read:

SB346,34,22 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.

SB346, s. 92 Section 92. 49.136 (1) (e) of the statutes is renumbered 49.136 (1) (am) and amended to read:

SB346,35,5 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.

SB346, s. 93 Section 93. 49.136 (1) (j) of the statutes is amended to read:

SB346,35,8 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.

SB346, s. 94 Section 94. 49.136 (1) (k) of the statutes is amended to read:

SB346,35,11 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.

SB346, s. 95 Section 95. 49.136 (2) (b) of the statutes is amended to read:

SB346,35,20 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).

SB346, s. 96 Section 96. 49.137 (1) (a) of the statutes is renumbered 49.137 (1) (am).

SB346, s. 97 Section 97. 49.137 (1) (b) of the statutes is renumbered 49.137 (1) (ab) and amended to read:

SB346,35,25 49.137 (1) (ab) "Day Child care center" has the meaning given in s. 49.136 (1) (d) (ad).

SB346, s. 98 Section 98. 49.137 (1) (d) of the statutes is renumbered 49.137 (1) (bd) and amended to read:

SB346,36,4 49.137 (1) (bd) "Family day child care center" has the meaning given in s. 49.136 (1) (j).