SB346,8,2010 48.33 (4) (c) Specific information showing that continued placement of the child
11in his or her home would be contrary to the welfare of the child, specific information
12showing that the county department, the department, in a county having a
13population of 500,000 or more, or the agency primarily responsible for providing
14services to the child has made reasonable efforts to prevent the removal of the child
15from the home, while assuring that the child's health and safety are the paramount
16concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
17applies, and specific information showing that the county department, department,
18or agency has made reasonable efforts to achieve the goal of the child's permanency
19plan, unless return of the child to the home is the goal of the permanency plan and
20any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
SB346, s. 11 21Section 11 . 48.335 (3g) (c) of the statutes is amended to read:
SB346,8,2522 48.335 (3g) (c) That the county department, department, or agency has made
23reasonable efforts to achieve the goal of the child's permanency plan , unless return
24of the child to the home is the goal of the permanency plan and any of the
25circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
SB346, s. 12
1Section 12 . 48.345 (2m) of the statutes is amended to read:
SB346,9,72 48.345 (2m) Place the child in the child's home under the supervision of an
3agency or the department, if the department approves, and order the agency or
4department to provide specified services to the child and the child's family, which
5may include but are not limited to individual, family , or, group counseling,
6homemaker or parent aide services, respite care, housing assistance, day child care,
7parent skills training, or prenatal development training or education.
SB346, s. 13 8Section 13 . 48.355 (2) (b) 6. of the statutes is amended to read:
SB346,9,249 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
10placement of the child in his or her home would be contrary to the welfare of the child,
11a finding as to whether the county department, the department, in a county having
12a population of 500,000 or more, or the agency primarily responsible for providing
13services under a court order has made reasonable efforts to prevent the removal of
14the child from the home, while assuring that the child's health and safety are the
15paramount concerns, unless the court finds that any of the circumstances specified
16in sub. (2d) (b) 1. to 5. applies, and a finding as to whether the county department,
17department, or agency has made reasonable efforts to achieve the goal of the child's
18permanency plan, unless return of the child to the home is the goal of the permanency
19plan and the court finds that any of the circumstances specified in sub. (2d) (b) 1. to
205. applies
. The court shall make the findings specified in this subdivision on a
21case-by-case basis based on circumstances specific to the child and shall document
22or reference the specific information on which those findings are based in the court
23order. A court order that merely references this subdivision without documenting
24or referencing that specific information in the court order or an amended court order

1that retroactively corrects an earlier court order that does not comply with this
2subdivision is not sufficient to comply with this subdivision.
SB346, s. 14 3Section 14 . 48.355 (2c) (a) 3. c. of the statutes is amended to read:
SB346,10,64 48.355 (2c) (a) 3. c. Community support services, such as day child care, parent
5skills training, housing assistance, employment training, and emergency mental
6health services.
SB346, s. 15 7Section 15. 48.356 (1) of the statutes is amended to read:
SB346,10,178 48.356 (1) Whenever the court orders a child to be placed outside his or her
9home, orders an expectant mother of an unborn child to be placed outside of her
10home, or denies a parent visitation because the child or unborn child has been
11adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357,
1248.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38
13(5m)
, the court shall orally inform the parent or parents who appear in court or the
14expectant mother who appears in court of any grounds for termination of parental
15rights under s. 48.415 which may be applicable and of the conditions necessary for
16the child or expectant mother to be returned to the home or for the parent to be
17granted visitation.
SB346, s. 16 18Section 16 . 48.365 (2g) (b) 2. of the statutes is amended to read:
SB346,10,2519 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and
20of any progress the child has made, suggestions for amendment of the permanency
21plan, and specific information showing the efforts that have been made to achieve the
22goal of the permanency plan, including, if applicable, the efforts of the parents to
23remedy the factors that contributed to the child's placement, unless return of the
24child to the home is the goal of the permanency plan and any of the circumstances
25specified in s. 48.355 (2d) (b) 1. to 5. applies
.
SB346, s. 17
1Section 17. 48.365 (2m) (a) 1. of the statutes is amended to read:
SB346,11,142 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
3extension. If the child is placed outside of his or her home, the person or agency
4primarily responsible for providing services to the child shall present as evidence
5specific information showing that the person or agency has made reasonable efforts
6to achieve the goal of the child's permanency plan, unless return of the child to the
7home is the goal of the permanency plan and any of the circumstances specified in
8s. 48.355 (2d) (b) 1. to 5. applies
. The judge shall make findings of fact and
9conclusions of law based on the evidence. The findings of fact shall include a finding
10as to whether reasonable efforts were made by the person or agency primarily
11responsible for providing services to the child to achieve the goal of the child's
12permanency plan, unless return of the child to the home is the goal of the permanency
13plan and the judge finds that any of the circumstances specified in s. 48.355 (2d) (b)
141. to 5. applies
. An order shall be issued under s. 48.355.
SB346, s. 18 15Section 18 . 48.38 (5) (c) 7. of the statutes is amended to read:
SB346,11,1916 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
17the goal of the permanency plan, unless return of the child to the home is the goal
18of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b)
191. to 5. applies
.
SB346, s. 19 20Section 19 . 48.47 (7) (cm) of the statutes is amended to read:
SB346,11,2321 48.47 (7) (cm) Promote the establishment of adequate child care facilities and
22services in this state by providing start-up grants to newly operating day child care
23facilities and services under rules promulgated by the department.
SB346, s. 20 24Section 20. 48.48 (10) of the statutes is amended to read:
SB346,12,2
148.48 (10) To license child welfare agencies and day child care centers as
2provided in s. 48.66 (1) (a).
SB346, s. 21 3Section 21. Subchapter XV (title) of chapter 48 [precedes 48.65] of the statutes
4is amended to read:
SB346,12,55 chapter 48
SB346,12,76 Subchapter xv
7Day Child care providers
SB346, s. 22 8Section 22. 48.65 (title) of the statutes is amended to read:
SB346,12,9 948.65 (title) Day Child care centers licensed; fees.
SB346, s. 23 10Section 23. 48.65 (1) of the statutes is amended to read:
SB346,12,1811 48.65 (1) No person may for compensation provide care and supervision for 4
12or more children under the age of 7 for less than 24 hours a day unless that person
13obtains a license to operate a day child care center from the department. To obtain
14a license under this subsection to operate a day child care center, a person must meet
15the minimum requirements for a license established by the department under s.
1648.67, meet the requirements specified in s. 48.685, and pay the license fee under
17sub. (3). A license issued under this subsection is valid until revoked or suspended,
18but shall be reviewed every 2 years as provided in s. 48.66 (5).
SB346, s. 24 19Section 24. 48.65 (3) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
20is amended to read:
SB346,13,621 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day
22child care center that provides care and supervision for 4 to 8 children, the day child
23care center must pay to the department a biennial fee of $60.50. Before the
24department may issue a license under sub. (1) to a day child care center that provides
25care and supervision for 9 or more children, the day child care center must pay to the

1department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on
2the number of children that the day child care center is licensed to serve. A day child
3care center that wishes to continue a license issued under sub. (1) shall pay the
4applicable fee under this paragraph by the continuation date of the license. A new
5day child care center shall pay the applicable fee under this paragraph no later than
630 days before the opening of the day child care center.
SB346, s. 25 7Section 25. 48.65 (3) (b) of the statutes is amended to read:
SB346,13,138 48.65 (3) (b) A day child care center that wishes to continue a license issued
9under par. (a) and that fails to pay the applicable fee under par. (a) by the
10continuation date of the license or a new day child care center that fails to pay the
11applicable fee under par. (a) by 30 days before the opening of the day child care center
12shall pay an additional fee of $5 per day for every day after the deadline that the
13group home child care center fails to pay the fee.
SB346, s. 26 14Section 26. 48.651 (title) of the statutes is amended to read:
SB346,13,15 1548.651 (title) Certification of day child care providers.
SB346, s. 27 16Section 27. 48.651 (1) (intro.) of the statutes, as affected by 2009 Wisconsin
17Act 28
, is amended to read:
SB346,14,518 48.651 (1) (intro.) No person, other than a day child care center licensed under
19s. 48.65 or established or contracted for under s. 120.13 (14), may receive
20reimbursement for providing child care services for an individual who is determined
21eligible for a child care subsidy under s. 49.155 unless the person is certified,
22according to the standards adopted by the department under s. 49.155 (1d), by the
23department in a county having a population of 500,000 or more, a county
24department, or an agency with which the department contracts under sub. (2). To
25be certified under this section, a person must meet the minimum requirements for

1certification established by the department under s. 49.155 (1d), meet the
2requirements specified in s. 48.685, and pay the fee specified in sub. (2). The
3department in a county having a population of 500,000 or more, a county
4department, or an agency contracted with under sub. (2) shall certify the following
5categories of day child care providers:
SB346, s. 28 6Section 28. 48.651 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
7is amended to read:
SB346,14,118 48.651 (1) (a) Level I certified family day child care providers, as established
9by the department under s. 49.155 (1d). No provider may be certified under this
10paragraph if the provider is a relative of all of the children for whom he or she the
11provider
provides care.
SB346, s. 29 12Section 29. 48.651 (1) (b) of the statutes is amended to read:
SB346,14,1413 48.651 (1) (b) Level II certified family day child care providers, as established
14by the department under s. 49.155 (1d).
SB346, s. 30 15Section 30. 48.651 (2) of the statutes, as created by 2009 Wisconsin Act 28, is
16amended to read:
SB346,15,217 48.651 (2) The department in a county having a population of 500,000 or more
18or a county department shall certify day child care providers under sub. (1) or the
19department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9),
20child care resource and referral agency, or other agency to certify day child care
21providers under sub. (1) in a particular geographic area or for a particular Indian
22tribal unit. The department in a county having a population of 500,000 or more or
23a county department that certifies day child care providers under sub. (1) may charge
24a fee to cover the costs of certifying those providers. An agency contracted with under
25this subsection may charge a fee specified by the department to supplement the

1amount provided by the department under the contract for certifying day child care
2providers.
SB346, s. 31 3Section 31. 48.653 of the statutes is amended to read:
SB346,15,9 448.653 Information for day child care providers. The department shall
5provide each day child care center licensed under s. 48.65 and each county agency
6providing child welfare services with a brochure containing information on basic
7child care and the licensing and certification requirements for day child care
8providers. Each county agency shall provide each day child care provider that it
9certifies with a copy of the brochure.
SB346, s. 32 10Section 32. 48.655 of the statutes is amended to read:
SB346,15,16 1148.655 Parental access. A day child care provider that holds a license under
12s. 48.65, that is certified under s. 48.651, that holds a probationary license under s.
1348.69, or that is established or contracted for under s. 120.13 (14) shall permit any
14parent or guardian of a child enrolled in the program to visit and observe the program
15of child care at any time during the provider's hours of operation, unless the visit or
16observation is contrary to an existing court order.
SB346, s. 33 17Section 33. 48.656 of the statutes is amended to read:
SB346,15,24 1848.656 Parent's right to know. Every parent, guardian, or legal custodian
19of a child who is receiving care and supervision, or of a child who is a prospective
20recipient of care and supervision, from a day child care center that holds a license
21under s. 48.65 (1) or a probationary license under s. 48.69 has the right to know
22certain information about the day child care center that would aid the parent,
23guardian, or legal custodian in assessing the quality of care and supervision provided
24by the day child care center.
SB346, s. 34 25Section 34. 48.657 (title) of the statutes is amended to read:
SB346,16,1
148.657 (title) Day Child care center reports.
SB346, s. 35 2Section 35. 48.657 (1) (intro.) of the statutes is amended to read:
SB346,16,53 48.657 (1) (intro.) The department shall provide each day child care center that
4holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an
5annual report that includes the following information:
SB346, s. 36 6Section 36. 48.657 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 19,
7is amended to read:
SB346,16,118 48.657 (1) (a) Violations of statutes, rules promulgated by the department
9under s. 48.658 (4) (a) or 48.67, or provisions of licensure under s. 48.70 (1) by the day
10child care center. In providing information under this paragraph, the department
11may not disclose the identity of any employee of the day child care center.
SB346, s. 37 12Section 37. 48.657 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 19,
13is amended to read:
SB346,16,1714 48.657 (1) (b) A telephone number at the department that a person may call
15to complain of any alleged violation of a statute, rule promulgated by the department
16under s. 48.658 (4) (a) or 48.67, or provision of licensure under s. 48.70 (1) by the day
17child care center.
SB346, s. 38 18Section 38. 48.657 (1) (c) of the statutes is amended to read:
SB346,16,2019 48.657 (1) (c) The results of the most recent inspection of the day child care
20center under s. 48.73.
SB346, s. 39 21Section 39. 48.657 (2) of the statutes is amended to read:
SB346,16,2522 48.657 (2) A day child care center shall post the report under sub. (1) next to
23the day child care center's license or probationary license in a place where the report
24and the inspection results can be seen by parents, guardians, or legal custodians
25during the day child care center's hours of operation.
SB346, s. 40
1Section 40. 48.657 (2g) of the statutes, as affected by 2009 Wisconsin Act 19,
2is amended to read:
SB346,17,73 48.657 (2g) If the report under sub. (1) indicates that the day child care center
4is in violation of a statute, a rule promulgated by the department under s. 48.658 (4)
5(a) or 48.67, or a provision of licensure under s. 48.70 (1), the day child care center
6shall post with the report any notices received from the department relating to that
7violation.
SB346, s. 41 8Section 41. 48.657 (2m) of the statutes, as created by 2009 Wisconsin Act 28,
9is amended to read:
SB346,17,1310 48.657 (2m) The department shall make available on the department's
11Internet site, as part of the department's licensed day child care center search
12database, a specific description of any violation described in sub. (1) and a description
13of any steps taken by the day child care center to correct the violation.
SB346, s. 42 14Section 42. 48.657 (2r) of the statutes is amended to read:
SB346,17,2215 48.657 (2r) Each day child care center that receives a report under sub. (1) shall
16make available to a parent, guardian, or legal custodian of a child who is receiving,
17or who is a prospective recipient of, care and supervision from the day child care
18center the reports under sub. (1) from the previous 2 years and any notices received
19from the department relating to any violations identified in those reports. In
20providing information under this subsection, a day child care center may withhold
21any information that would disclose the identity of an employee of the day child care
22center.
SB346, s. 43 23Section 43. 48.657 (3) of the statutes is amended to read:
SB346,18,3
148.657 (3) The department may require a day child care center to provide to
2the department any information that is necessary for the department to prepare the
3report under sub. (1).
SB346, s. 44 4Section 44. 48.658 (1) (a) of the statutes, as created by 2009 Wisconsin Act 19,
5is amended to read:
SB346,18,86 48.658 (1) (a) "Child care provider" means a day child care center that is
7licensed under s. 48.65 (1), a day child care provider that is certified under s. 48.651,
8or a day child care program that is established or contracted for under s. 120.13 (14).
SB346, s. 45 9Section 45. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the
10statutes, as affected by 2009 Wisconsin Act 28, is amended to read:
SB346,18,1111 chapter 48
SB346,18,1212 Subchapter xvi
SB346,18,1713 Licensing procedures and
14 requirements for child welfare
15 agencies, foster homes,
16 group homes, day child care
17 centers, and county departments
SB346, s. 46 18Section 46. 48.66 (1) (a) of the statutes is amended to read:
SB346,19,319 48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
20license and supervise child welfare agencies, as required by s. 48.60, group homes,
21as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day child
22care centers, as required by s. 48.65. The department may license foster homes or
23treatment foster homes, as provided by s. 48.62, and may license and supervise
24county departments in accordance with the procedures specified in this section and
25in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the

1records and visit the premises of all child welfare agencies, group homes, shelter care
2facilities, and day child care centers and visit the premises of all foster homes and
3treatment foster homes in which children are placed.
SB346, s. 47 4Section 47. 48.66 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 28
5and .... (this act), is repealed and recreated to read:
SB346,19,146 48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
7license and supervise child welfare agencies, as required by s. 48.60, group homes,
8as required by s. 48.625, shelter care facilities, as required by s. 938.22, and child care
9centers, as required by s. 48.65. The department may license foster homes, as
10provided by s. 48.62, and may license and supervise county departments in
11accordance with the procedures specified in this section and in ss. 48.67 to 48.74. In
12the discharge of this duty the department may inspect the records and visit the
13premises of all child welfare agencies, group homes, shelter care facilities, and child
14care centers and visit the premises of all foster homes in which children are placed.
SB346, s. 48 15Section 48. 48.66 (2) of the statutes is amended to read:
SB346,19,2516 48.66 (2) The department shall prescribe application forms to be used by all
17applicants for licenses from it. The application forms prescribed by the department
18shall require that the social security numbers of all applicants for a license to operate
19a child welfare agency, group home, shelter care facility, or day child care center who
20are individuals, other than an individual who does not have a social security number
21and who submits a statement made or subscribed under oath or affirmation as
22required under sub. (2m) (a) 2., be provided and that the federal employer
23identification numbers of all applicants for a license to operate a child welfare
24agency, group home, shelter care facility, or day child care center who are not
25individuals be provided.
SB346, s. 49
1Section 49. 48.66 (2m) (a) 1. of the statutes is amended to read:
SB346,20,92 48.66 (2m) (a) 1. Except as provided in subd. 2., the department shall require
3each applicant for a license under sub. (1) (a) to operate a child welfare agency, group
4home, shelter care facility, or day child care center who is an individual to provide
5that department with the applicant's social security number, and shall require each
6applicant for a license under sub. (1) (a) to operate a child welfare agency, group
7home, shelter care facility, or day child care center who is not an individual to provide
8that department with the applicant's federal employer identification number, when
9initially applying for or applying to continue the license.
SB346, s. 50 10Section 50. 48.66 (2m) (b) of the statutes is amended to read:
SB346,20,1811 48.66 (2m) (b) If an applicant who is an individual fails to provide the
12applicant's social security number to the department or if an applicant who is not an
13individual fails to provide the applicant's federal employer identification number to
14the department, that department may not issue or continue a license under sub. (1)
15(a) to operate a child welfare agency, group home, shelter care facility, or day child
16care center to or for the applicant unless the applicant is an individual who does not
17have a social security number and the applicant submits a statement made or
18subscribed under oath or affirmation as required under par. (a) 2.
SB346, s. 51 19Section 51. 48.66 (5) of the statutes is amended to read:
SB346,21,820 48.66 (5) A child welfare agency, group home, day child care center, or shelter
21care facility license, other than a probationary license, is valid until revoked or
22suspended, but shall be reviewed every 2 years after the date of issuance as provided
23in this subsection. At least 30 days prior to the continuation date of the license, the
24licensee shall submit to the department an application for continuance of the license
25in the form and containing the information that the department requires. If the

1minimum requirements for a license established under s. 48.67 are met, the
2application is approved, the applicable fees referred to in ss. 48.68 (1) and 48.685 (8)
3are paid, and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is
4due is paid, the department shall continue the license for an additional 2-year
5period, unless sooner suspended or revoked. If the application is not timely filed, the
6department shall issue a warning to the licensee. If the licensee fails to apply for
7continuance of the license within 30 days after receipt of the warning, the
8department may revoke the license as provided in s. 48.715 (4) and (4m) (b).
SB346, s. 52 9Section 52. 48.67 (intro.) of the statutes is amended to read:
SB346,21,20 1048.67 Rules governing child welfare agencies, day child care centers,
11foster homes, treatment foster homes, group homes, shelter care facilities,
12and county departments.
(intro.) The department shall promulgate rules
13establishing minimum requirements for the issuance of licenses to, and establishing
14standards for the operation of, child welfare agencies, day child care centers, foster
15homes, treatment foster homes, group homes, shelter care facilities, and county
16departments. Those rules shall be designed to protect and promote the health,
17safety, and welfare of the children in the care of all licensees. The department shall
18consult with the department of commerce, the department of public instruction, and
19the child abuse and neglect prevention board before promulgating those rules. Those
20rules shall include rules that require all of the following:
SB346, s. 53 21Section 53. 48.67 (intro.) of the statutes, as affected by 2009 Wisconsin Acts
2228
and .... (this act), is repealed and recreated to read:
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