SB346,27,1712 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if
13the person is a caregiver or nonclient resident of a day child care center that is
14licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
15day child care provider that is certified under s. 48.651, that the person has been
16convicted of a serious crime or adjudicated delinquent on or after his or her 12th
17birthday for committing a serious crime.
SB346, s. 69 18Section 69. 48.685 (5m) of the statutes, as affected by 2009 Wisconsin Act 28,
19section 1077d, is amended to read:
SB346,28,1420 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
21a person to operate an entity, a county department or a child welfare agency may
22refuse to license a foster home or treatment foster home under s. 48.62, and an entity
23may refuse to employ or contract with a caregiver or permit a nonclient resident to
24reside at the entity if the person has been convicted of an offense that is not a serious
25crime, but that is, in the estimation of the department, county department, child

1welfare agency, or entity, substantially related to the care of a client.
2Notwithstanding s. 111.335, the department may refuse to license a person to
3operate a day child care center, the department in a county having a population of
4500,000 or more, a county department, or an agency contracted with under s. 48.651
5(2) may refuse to certify a day child care provider under s. 48.651, a school board may
6refuse to contract with a person under s. 120.13 (14), and a day child care center that
7is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a day
8child care provider that is certified under s. 48.651 may refuse to employ or contract
9with a caregiver or permit a nonclient resident to reside at the day child care center
10or day child care provider if the person has been convicted of or adjudicated
11delinquent on or after his or her 12th birthday for an offense that is not a serious
12crime, but that is, in the estimation of the department, county department,
13contracted agency, school board, day child care center, or day child care provider,
14substantially related to the care of a client.
SB346, s. 70 15Section 70. 48.685 (5m) of the statutes, as affected by 2009 Wisconsin Act 28,
16section 1078d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
SB346,29,1017 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
18a person to operate an entity, a county department or a child welfare agency may
19refuse to license a foster home under s. 48.62, and an entity may refuse to employ or
20contract with a caregiver or permit a nonclient resident to reside at the entity if the
21person has been convicted of an offense that is not a serious crime, but that is, in the
22estimation of the department, county department, child welfare agency, or entity,
23substantially related to the care of a client. Notwithstanding s. 111.335, the
24department may refuse to license a person to operate a child care center, the
25department in a county having a population of 500,000 or more, a county

1department, or an agency contracted with under s. 48.651 (2) may refuse to certify
2a child care provider under s. 48.651, a school board may refuse to contract with a
3person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or
4established or contracted for under s. 120.13 (14) or a child care provider that is
5certified under s. 48.651 may refuse to employ or contract with a caregiver or permit
6a nonclient resident to reside at the child care center or child care provider if the
7person has been convicted of or adjudicated delinquent on or after his or her 12th
8birthday for an offense that is not a serious crime, but that is, in the estimation of
9the department, county department, contracted agency, school board, child care
10center, or child care provider, substantially related to the care of a client.
SB346, s. 71 11Section 71. 48.685 (6) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
12section 1079d, is amended to read:
SB346,29,2313 48.685 (6) (a) The department shall require any person who applies for
14issuance, continuation, or renewal of a license to operate an entity, the department
15in a county having a population of 500,000 or more, a county department, or an
16agency contracted with under s. 48.651 (2) shall require any day child care provider
17who applies for initial certification under s. 48.651 or for renewal of that certification,
18a county department or a child welfare agency shall require any person who applies
19for issuance or renewal of a license to operate a foster home or treatment foster home
20under s. 48.62, and a school board shall require any person who proposes to contract
21with the school board under s. 120.13 (14) or to renew a contract under that
22subsection, to complete a background information form that is provided by the
23department.
SB346, s. 72 24Section 72. 48.685 (6) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
25section 1080d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
SB346,30,10
148.685 (6) (a) The department shall require any person who applies for
2issuance, continuation, or renewal of a license to operate an entity, the department
3in a county having a population of 500,000 or more, a county department, or an
4agency contracted with under s. 48.651 (2) shall require any child care provider who
5applies for initial certification under s. 48.651 or for renewal of that certification, a
6county department or a child welfare agency shall require any person who applies
7for issuance or renewal of a license to operate a foster home under s. 48.62, and a
8school board shall require any person who proposes to contract with the school board
9under s. 120.13 (14) or to renew a contract under that subsection, to complete a
10background information form that is provided by the department.
SB346, s. 73 11Section 73. 48.685 (6) (b) 1. of the statutes is amended to read:
SB346,30,1812 48.685 (6) (b) 1. For caregivers who are licensed by the department, for persons
13under 18 years of age, but not under 12 years of age, who are caregivers of a day child
14care center that is licensed under s. 48.65 or established or contracted for under s.
15120.13 (14) or of a day child care provider that is certified under s. 48.651, for persons
16who are nonclient residents of an entity that is licensed by the department, and for
17other persons specified by the department by rule, the entity shall send the
18background information form to the department.
SB346, s. 74 19Section 74. 48.69 of the statutes is amended to read:
SB346,31,9 2048.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7),
21if any child welfare agency, shelter care facility, group home, or day child care center
22that has not been previously issued a license under s. 48.66 (1) (a) applies for a
23license, meets the minimum requirements for a license established under s. 48.67,
24and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a
25probationary license to that child welfare agency, shelter care facility, group home,

1or day child care center. A probationary license is valid for up to 6 months after the
2date of issuance unless renewed under this section or suspended or revoked under
3s. 48.715. Before a probationary license expires, the department shall inspect the
4child welfare agency, shelter care facility, group home, or day child care center
5holding the probationary license and, except as provided under s. 48.715 (6) and (7),
6if the child welfare agency, shelter care facility, group home, or day child care center
7meets the minimum requirements for a license established under s. 48.67, the
8department shall issue a license under s. 48.66 (1) (a). A probationary license issued
9under this section may be renewed for one 6-month period.
SB346, s. 75 10Section 75. 48.715 (1) of the statutes is amended to read:
SB346,31,1311 48.715 (1) In this section, "licensee" means a person who holds a license under
12s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare
13agency, shelter care facility, group home, or day child care center.
SB346, s. 76 14Section 76. 48.715 (2) (a) of the statutes is amended to read:
SB346,31,1815 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care
16facility, group home, or day child care center if the child welfare agency, shelter care
17facility, group home, or day child care center is without a license in violation of s.
1848.66 (1) (a) or a probationary license in violation of s. 48.69.
SB346, s. 77 19Section 77. 48.715 (4) (c) of the statutes is amended to read:
SB346,31,2420 48.715 (4) (c) The licensee or a person under the supervision of the licensee has
21committed an action or has created a condition relating to the operation or
22maintenance of the child welfare agency, shelter care facility, group home, or day
23child care center that directly threatens the health, safety, or welfare of any child
24under the care of the licensee.
SB346, s. 78 25Section 78. 48.715 (6) of the statutes is amended to read:
SB346,32,15
148.715 (6) The department shall deny, suspend, restrict, refuse to renew, or
2otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s.
348.69 to operate a child welfare agency, group home, shelter care facility, or day child
4care center, and the department of corrections shall deny, suspend, restrict, refuse
5to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured
6residential care center for children and youth, for failure of the applicant or licensee
7to pay court-ordered payments of child or family support, maintenance, birth
8expenses, medical expenses, or other expenses related to the support of a child or
9former spouse or for failure of the applicant or licensee to comply, after appropriate
10notice, with a subpoena or warrant issued by the department or a county child
11support agency under s. 59.53 (5) and related to paternity or child support
12proceedings, as provided in a memorandum of understanding entered into under s.
1349.857. Notwithstanding s. 48.72, an action taken under this subsection is subject
14to review only as provided in the memorandum of understanding entered into under
15s. 49.857 and not as provided in s. 48.72.
SB346, s. 79 16Section 79. 48.715 (7) of the statutes is amended to read:
SB346,32,2317 48.715 (7) The department shall deny an application for the issuance or
18continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69
19to operate a child welfare agency, group home, shelter care facility , or day child care
20center, or revoke such a license already issued, if the department of revenue certifies
21under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An
22action taken under this subsection is subject to review only as provided under s.
2373.0301 (5) and not as provided in s. 48.72.
SB346, s. 80 24Section 80. 48.73 of the statutes is amended to read:
SB346,33,4
148.73 Inspection of licensees. The department may visit and inspect each
2child welfare agency, foster home, treatment foster home, group home , and day child
3care center licensed by it, and for such purpose shall be given unrestricted access to
4the premises described in the license.
SB346, s. 81 5Section 81. 48.73 of the statutes, as affected by 2009 Wisconsin Acts 28 and
6.... (this act), is repealed and recreated to read:
SB346,33,10 748.73 Inspection of licensees. The department may visit and inspect each
8child welfare agency, foster home, group home, and child care center licensed by the
9department, and for that purpose shall be given unrestricted access to the premises
10described in the license.
SB346, s. 82 11Section 82. 48.735 of the statutes is amended to read:
SB346,33,16 1248.735 Immunization requirements; day child care centers. The
13department, after notice to a day child care center licensee, may suspend, revoke, or
14refuse to continue a day child care center license in any case in which the department
15finds that there has been a substantial failure to comply with the requirements of
16s. 252.04.
SB346, s. 83 17Section 83. 48.737 of the statutes is amended to read:
SB346,33,24 1848.737 Lead screening, inspection and reduction requirements; day
19child care centers. The department, after notice to a day child care provider
20certified under s. 48.651, or a day child care center that holds a license under s. 48.65
21or a probationary license under s. 48.69, may suspend, revoke, or refuse to renew or
22continue a license or certification in any case in which the department finds that
23there has been a substantial failure to comply with any rule promulgated under s.
24254.162, 254.168, or 254.172.
SB346, s. 84 25Section 84 . 48.78 (1) of the statutes is amended to read:
SB346,34,3
148.78 (1) In this section, unless otherwise qualified, "agency" means the
2department, a county department, a licensed child welfare agency, or a licensed day
3child care center.
SB346, s. 85 4Section 85. 48.78 (2) (a) of the statutes is amended to read:
SB346,34,95 48.78 (2) (a) No agency may make available for inspection or disclose the
6contents of any record kept or information received about an individual who is or was
7in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or
8(5m) (d), 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or
9938.78 or by order of the court.
SB346, s. 86 10Section 86. 48.981 (1) (d) of the statutes is renumbered 48.02 (12g).
SB346, s. 87 11Section 87 . 48.981 (2) (a) 18. of the statutes is amended to read:
SB346,34,1312 48.981 (2) (a) 18. A child-care child care worker in a day child care center, group
13home, as described in s. 48.625 (1m), or residential care center for children and youth.
SB346, s. 88 14Section 88 . 48.981 (2) (a) 19. of the statutes is amended to read:
SB346,34,1515 48.981 (2) (a) 19. A day child care provider.
SB346, s. 89 16Section 89 . 48.982 (1) (c) of the statutes is repealed.
SB346, s. 90 17Section 90 . 48.983 (1) (g) of the statutes is repealed.
SB346, s. 91 18Section 91 . 49.136 (1) (d) of the statutes is renumbered 49.136 (1) (ad) and
19amended to read:
SB346,34,2220 49.136 (1) (ad) "Day Child care center" means a facility operated by a child care
21provider that provides care and supervision for 4 or more children under 7 years of
22age for less than 24 hours a day.
SB346, s. 92 23Section 92. 49.136 (1) (e) of the statutes is renumbered 49.136 (1) (am) and
24amended to read:
SB346,35,5
149.136 (1) (am) "Day Child care program" means a program established and
2provided by a school board under s. 120.13 (14) or purchased by a school board from
3a provider licensed under s. 48.65, which combines care for a child who resides with
4a student parent who is a parent of that child with parenting education and
5experience for that student parent.
SB346, s. 93 6Section 93. 49.136 (1) (j) of the statutes is amended to read:
SB346,35,87 49.136 (1) (j) "Family day child care center" means a day child care center that
8provides care and supervision for not less than 4 nor more than 8 children.
SB346, s. 94 9Section 94. 49.136 (1) (k) of the statutes is amended to read:
SB346,35,1110 49.136 (1) (k) "Group day child care center" means a day child care center that
11provides care and supervision for 9 or more children.
SB346, s. 95 12Section 95. 49.136 (2) (b) of the statutes is amended to read:
SB346,35,2013 49.136 (2) (b) If the department awards grants under this section, the
14department shall attempt to award the grants to head start agencies designated
15under 42 USC 9836, employers that provide or wish to provide child care services for
16their employees, family day child care centers, group day child care centers and day
17child care programs for the children of student parents, organizations that provide
18child care for sick children, and child care providers that employ participants or
19former participants in a Wisconsin Works employment position under s. 49.147 (3)
20to (5).
SB346, s. 96 21Section 96. 49.137 (1) (a) of the statutes is renumbered 49.137 (1) (am).
SB346, s. 97 22Section 97. 49.137 (1) (b) of the statutes is renumbered 49.137 (1) (ab) and
23amended to read:
SB346,35,2524 49.137 (1) (ab) "Day Child care center" has the meaning given in s. 49.136 (1)
25(d) (ad).
SB346, s. 98
1Section 98. 49.137 (1) (d) of the statutes is renumbered 49.137 (1) (bd) and
2amended to read:
SB346,36,43 49.137 (1) (bd) "Family day child care center" has the meaning given in s.
449.136 (1) (j).
SB346, s. 99 5Section 99. 49.137 (1) (e) of the statutes is amended to read:
SB346,36,76 49.137 (1) (e) "Group day child care center" has the meaning given in s. 49.136
7(1) (k).
SB346, s. 100 8Section 100. 49.155 (1) (am) of the statutes is amended to read:
SB346,36,109 49.155 (1) (am) "Level I certified family day child care provider" means a day
10child care provider certified under s. 48.651 (1) (a).
SB346, s. 101 11Section 101. 49.155 (1) (b) of the statutes is amended to read:
SB346,36,1312 49.155 (1) (b) "Level II certified family day child care provider" means a day
13child care provider certified under s. 48.651 (1) (b).
SB346, s. 102 14Section 102. 49.155 (1d) (a) of the statutes is amended to read:
SB346,37,415 49.155 (1d) (a) The department shall promulgate rules establishing standards
16for the certification of child care providers under s. 48.651. The department shall
17consult with the child abuse and neglect prevention board before promulgating those
18rules. In establishing the requirements for certification under this paragraph of a
19child care provider, the department shall include a requirement that all providers
20and all employees and volunteers of a provider who provide care and supervision for
21children receive, before the date on which the provider is certified or the employment
22or volunteer work commences, whichever is applicable, training in the most current
23medically accepted methods of preventing sudden infant death syndrome, if the
24provider, employee, or volunteer provides care and supervision for children under
25one year of age, and the training relating to shaken baby syndrome and impacted

1babies required under s. 253.15 (4) (b) or (c), if the provider, employee, or volunteer
2provides care and supervision for children under 5 years of age. In establishing the
3requirements for certification as a Level II certified family day child care provider,
4the department may not include any other requirement for training for providers.
SB346, s. 103 5Section 103. 49.155 (1d) (b) of the statutes is amended to read:
SB346,37,146 49.155 (1d) (b) The department shall promulgate rules to establish quality of
7care standards for child care providers that are higher than the quality of care
8standards required for licensure under s. 48.65 or for certification under s. 48.651.
9The standards established by rules promulgated under this paragraph shall consist
10of the standards provided for the accreditation of day child care centers by the
11national association for the education of young children National Association for the
12Education of Young Children
or any other comparable standards that the
13department may establish, including standards regarding the turnover of child care
14provider staff and the training and benefits provided for child care provider staff.
SB346, s. 104 15Section 104. 49.155 (1g) (bc) of the statutes, as affected by 2009 Wisconsin Act
1628
, is amended to read:
SB346,37,1817 49.155 (1g) (bc) Grants under s. 49.134 (2) for child day care resource and
18referral services, in the amount of at least $1,298,600 per fiscal year.
SB346, s. 105 19Section 105. 49.155 (4) of the statutes is amended to read:
SB346,37,2420 49.155 (4) Choice of provider. An eligible individual shall choose whether the
21child care will be provided by a day child care center licensed under s. 48.65, a Level
22I certified family day child care provider, a Level II certified family day child care
23provider, or a day child care program provided or contracted for by a school board
24under s. 120.13 (14).
SB346, s. 106 25Section 106. 49.155 (6) (b) of the statutes is amended to read:
SB346,38,5
149.155 (6) (b) Subject to review and approval by the department, each county
2shall set a maximum reimbursement rate for Level I certified family day child care
3providers for services provided to eligible individuals under this section. The
4maximum rate set under this paragraph may not exceed 75% of the rate established
5under par. (a).
SB346, s. 107 6Section 107. 49.155 (6) (c) of the statutes is amended to read:
SB346,38,117 49.155 (6) (c) Subject to review and approval by the department, each county
8shall set a maximum reimbursement rate for Level II certified family day child care
9providers for services provided to eligible individuals under this section. The
10maximum rate set under this paragraph may not exceed 50% of the rate established
11under par. (a).
SB346, s. 108 12Section 108. 49.155 (6) (cm) of the statutes is amended to read:
SB346,38,1513 49.155 (6) (cm) The department shall modify child care provider
14reimbursement rates established under pars. (a) to (c) so that reimbursement rates
15are lower for providers of after-school day child care.
SB346, s. 109 16Section 109. 49.826 (2) (a) 1. of the statutes, as created by 2009 Wisconsin Act
1728
, is amended to read:
SB346,38,1818 49.826 (2) (a) 1. Certify day child care providers under s. 48.651.
SB346, s. 110 19Section 110. 66.1017 (title) of the statutes is amended to read:
SB346,38,20 2066.1017 (title) Family day child care homes.
SB346, s. 111 21Section 111. 66.1017 (1) (a) of the statutes is amended to read:
SB346,38,2422 66.1017 (1) (a) "Family day child care home" means a dwelling licensed as a day
23child care center by the department of children and families under s. 48.65 where
24care is provided for not more than 8 children.
SB346, s. 112 25Section 112. 66.1017 (2) of the statutes is amended to read:
SB346,39,7
166.1017 (2) No municipality may prevent a family day child care home from
2being located in a zoned district in which a single-family residence is a permitted
3use. No municipality may establish standards or requirements for family day child
4care homes that are different from the licensing standards established under s.
548.65. This subsection does not prevent a municipality from applying to a family day
6child care home the zoning regulations applicable to other dwellings in the zoning
7district in which it is located.
SB346, s. 113 8Section 113. 71.07 (2dd) (a) 1. of the statutes is amended to read:
SB346,39,129 71.07 (2dd) (a) 1. "Day care center benefits" means benefits provided at a day
10child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
11provides care for at least 6 children or benefits provided at a facility for persons who
12are physically or mentally incapable of caring for themselves.
SB346, s. 114 13Section 114. 71.28 (1dd) (a) 1. of the statutes is amended to read:
SB346,39,1714 71.28 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day
15child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
16provides care for at least 6 children or benefits provided at a facility for persons who
17are physically or mentally incapable of caring for themselves.
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