48.64 Annotation
While prospective adoptive parents have limited protected liberty interest in family unit during first six months of placement, interest does not require pre-removal hearing. Thelen v. Catholic Social Services, 691 F Supp. 1179 (E.D. Wis. 1988).
48.64 Annotation
Family liberty interest of foster parents. 1978 WLR 510.
DAY CARE PROVIDERS
48.65
48.65
Day care centers licensed; fees. 48.65(1)
(1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under
s. 48.67 and pay the license fee under
sub. (3). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
48.65(1m)(a)(a) In this subsection, "adult resident" means a person 18 years of age or over who lives at a day care center licensed under this section or contracted for under
s. 120.13 (14) with the intent of making that day care center his or her home or who lives for more than 30 days cumulative in any 6-month period at a day care center licensed under this section or contracted for under
s. 120.13 (14).
48.65(1m)(b)1.1. After receipt of an application for a license to operate a day care center or a referral from a school board under
s. 120.13 (14), the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant or person referred.
48.65(1m)(b)2.
2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of any person who, on July 1, 1996, is a day care provider licensed under this section or contracted for under
s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after July 1, 1996, or on the person's application for license or contract renewal, whichever is earlier.
48.65(1m)(b)3.
3. Subject to
subd. 2., the department of health and family services may, at the time of renewal of the license or contract of a day care provider licensed under this section or contracted for under
s. 120.13 (14), or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.
48.65(1m)(c)1.1. After application for a license a day care center, with the assistance of the department of justice, shall conduct a background investigation of each employe and prospective employe of the applicant who has or would have regular contact with a child receiving care from the applicant and of each adult resident.
48.65(1m)(c)2.
2. The department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on July 1, 1996, is licensed under this section or contracted for under
s. 120.13 (14) or who, on July 1, 1996, has an application for licensure or a contract offer pending, within 6 months after that date or on the person's application for license or contract renewal, whichever is earlier.
48.65(1m)(c)3.
3. Subject to
subd. 2., the department of health and family services may, at the time of renewal of the license or contract of a day care provider licensed under this section or contracted for under
s. 120.13 (14) or at any other time that the department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving day care from the day care provider or of any adult resident of the day care provider.
48.65(1m)(c)4.
4. Except as provided in
par. (f) 2., a day care provider that is licensed under this section or contracted for under
s. 120.13 (14), with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under
subd. 1.,
2. or
3.
48.65(1m)(d)
(d) If the person being investigated under
par. (b) or
(c) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the department of health and family services determines that the person's employment, certification or state court records provide a reasonable basis for further investigation, the department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
48.65(1m)(e)
(e) Upon request, a person being investigated under
par. (b) or
(c) shall provide the department of health and family services with all of the following information:
48.65(1m)(e)3.
3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.
48.65(1m)(e)4.
4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under
s. 48.67.
48.65(1m)(f)1.1. The department of health and family services may not license a person as a day care provider under this section and a school board may not contract with a person under
s. 120.13 (14) until the department or school board receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. The department of health and family services may license a person as a day care provider under this section and a school board may contract with a person under
s. 120.13 (14) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3. The department of health and family services may issue a probationary license and a school board may enter into a provisional contract pending receipt of the information required under this subdivision.
48.65(1m)(f)2.
2. A day care provider that is licensed under this section or contracted for under
s. 120.13 (14) may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident until information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. A day care provider that is licensed under this section or contracted for under
s. 120.13 (14) may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3. A day care provider that is licensed under this section or contracted for under
s. 120.13 (14) may provisionally employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or provisionally permit a person to be an adult resident if the day care provider states to the department of health and family services or school board that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the day care provider to care for the child. A day care provider may not finally employ a person in a position in which that person would have regular contact with the child for whom that provider is providing care unless the person's conviction record under the laws of this states is satisfactory according to the criteria specified in
par. (g) 1. to
3.
48.65(1m)(g)
(g) The department of health and family services may not license a person to be a day care provider under this section, a school board may not contract with a person under
s. 120.13 (14) and a day care provider licensed under this section or contracted with under
s. 120.13 (14) may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident if any of the following applies:
48.65(1m)(g)1.
1. The person has been convicted of a violation of
ch. 161 [ch.
961] that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of
ch. 161 [ch.
961] that is punishable as a felony if committed in this state.
48.65 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.65(1m)(g)2.
2. The person has had imposed on him or her a penalty specified in
s. 939.62,
939.621,
939.63,
939.64,
939.641 or
939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.
48.65(1m)(g)3.
3. The person has been convicted of a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, or of a violation of the law of any other state or federal law that would be a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, if committed in this state, except that the department of health and family services may license a person to be a day care provider under this section, a school board may contract with a person under
s. 120.13 (14) and a day care provider licensed under this section or contracted for under
s. 120.13 (14) may employ or permit to be an adult resident a person who has been convicted of a violation of
s. 944.30,
944.31 or
944.33 or of a violation of the law of any other state or federal law that would be a violation of
s. 944.30,
944.31 or
944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.
48.65(1m)(i)
(i) School boards and the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under
s. 19.35.
48.65(1m)(j)
(j) The department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.65(2)
(2) This section does not include any of the following:
48.65(2)(a)
(a) A relative or guardian of a child who provides care and supervision for the child.
48.65(2)(c)
(c) A person employed to come to the home of the child's parent or guardian for less than 24 hours a day.
48.65(2)(d)
(d) A county, city, village, town, school district or library that provides programs primarily intended for recreational or social purposes.
48.65(3)(a)(a) Before the department may issue a license under
sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $50. Before the department may issue a license under
sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25, plus a biennial fee of $7 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew a license issued under
sub. (1) shall pay the applicable fee under this paragraph by the renewal date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.
48.65(3)(b)
(b) A day care center that wishes to renew a license issued under
par. (a) and that fails to pay the applicable fee under
par. (a) by the renewal date of the license or a new day care center that fails to pay the applicable fee under
par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.65 Annotation
Distinction created by (2) (b) between private parochial schools and other private schools is unconstitutional. Milwaukee Montessori School v. Percy, 473 F Supp. 1358 (1979).
48.651
48.651
Certification of day care providers. 48.651(1)
(1) Each county department shall certify, according to the standards adopted by the department under
s. 46.03 (21), each day care provider reimbursed for child care services provided to families determined eligible under
ss. 49.132 (2r) and
(4) and
49.155 (1m), unless the provider is a day care center licensed under
s. 48.65 or is established or contracted for under
s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:
48.651(1)(a)
(a) Level I certified family day care providers, as established by the department under
s. 46.03 (21). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care. The department may establish by rule other requirements for certification under this paragraph.
48.651(1)(b)
(b) Level II certified family day care providers, as established by the department under
s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not include a requirement for training for providers. The department may establish by rule requirements for certification under this paragraph.
48.651(2)(a)(a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who is a day care provider certified under this section with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who is a day care provider certified under this section.
48.651(2)(b)1.1. Before initially certifying a Level I certified family day care provider under
sub. (1) (a) or a Level II certified family day care provider under
sub. (1) (b), the county department, with the assistance of the department of justice, shall conduct a background investigation of the certification applicant.
48.651(2)(b)2.
2. The county department, with the assistance of the department of justice, shall conduct a background investigation of any person who, on May 10, 1996, is a day care provider certified under this section or who, on May 10, 1996, has an application for certification pending, within 6 months after May 10, 1996, or on the person's application for renewal, whichever is earlier.
48.651(2)(b)3.
3. Subject to
subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section, or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of that day care provider.
48.651(2)(c)1.1. Before initially certifying a Level I certified family day care provider under
sub. (1) (a) or a Level II certified family day care provider under
sub. (1) (b), the county department, with the assistance of the department of justice, shall, in addition to the investigation under
par. (b), conduct a background investigation of all of the employes and prospective employes of the certification applicant who have or would have regular contact with a child receiving care from the day care provider and of each adult resident.
48.651(2)(c)2.
2. The county department, with the assistance of the department of justice, shall conduct a background investigation of each adult resident of a person who, on May 10, 1996, is certified under this section or who, on May 10, 1996, has an application for certification pending, within 6 months after that date or on the person's application for renewal, whichever is earlier, and shall conduct a background investigation of all of the employes and prospective employes of that person who have or would have regular contact with any child receiving care from the day care provider.
48.651(2)(c)3.
3. Subject to
subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe or prospective employe of the day care provider who has or would have regular contact with any child receiving care from the day care provider or of any adult resident of the day care provider.
48.651(2)(c)4.
4. Before a day care provider that is certified under this section may employ any person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under
subd. 1.,
2. or
3.
48.651(2)(d)
(d) If the person being investigated under
par. (b) or
(c) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the county department determines that the person's employment, certification or state court records provide a reasonable basis for further investigation, the county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.
48.651(2)(e)
(e) Upon request, a person being investigated under
par. (b) or
(c) shall provide the county department with all of the following information:
48.651(2)(e)3.
3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.
48.651(2)(e)4.
4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under
s. 48.67.
48.651(2)(f)1.1. A county department may not certify a person as a day care provider under this section until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. A county department may certify a person as a day care provider under this section conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3. A county department may grant provisional certification pending the receipt of the information required under this subdivision.
48.651(2)(f)2.
2. A day care provider that is certified under this section may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in
par. (g) 1. to
3. and the county department so advises the day care provider. A day care provider that is certified under this section may employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in
par. (g) 1. to
3.
48.651(2)(g)
(g) A county department may not certify a person to be a day care provider under this section and a day care provider certified under this section may not employ a person in a position in which that person would have regular contact with a child receiving care from the day care provider or permit a person to be an adult resident if any of the following applies:
48.651(2)(g)1.
1. The person has been convicted of a violation of
ch. 161 [ch.
961] that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of
ch. 161 [ch.
961] that is punishable as a felony if committed in this state.
48.651 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.651(2)(g)2.
2. The person has had imposed on him or her a penalty specified in
s. 939.62,
939.621,
939.63,
939.64,
939.641 or
939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.
48.651(2)(g)3.
3. The person has been convicted of a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, or of a violation of the law of any other state or federal law that would be a violation of
ch. 940,
944 or
948, other than a violation of
s. 940.291,
940.34,
944.36,
948.45,
948.63 or
948.70, if committed in this state, except that the county department may certify a person to be a day care provider under this section and a day care provider certified under this section may employ or permit to be an adult resident a person who has been convicted of a violation of
s. 944.30,
944.31 or
944.33 or of a violation of the law of any other state or federal law that would be a violation of
s. 944.30,
944.31 or
944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.
48.651(2)(i)
(i) A county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the county department may disclose any information obtained under this subsection to any other county department conducting an investigation under this subsection. Such information is not subject to inspection or copying under
s. 19.35.
48.651(2)(j)
(j) A county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.
48.653
48.653
Information for day care providers. The department shall provide each day care center licensed under
s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day care providers. Each county agency shall provide each day care provider that it certifies with a copy of the brochure.
48.653 History
History: 1983 a. 193.
48.655
48.655
Parental access. A day care provider that holds a license under
s. 48.65, that is certified under
s. 48.651, that holds a probationary license under
s. 48.69 or that is established or contracted for under
s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider's hours of operation, unless the visit or observation is contrary to an existing court order.
48.655 History
History: 1991 a. 275;
1993 a. 16.
48.656
48.656
Parent's right to know. Every parent, guardian or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 and that provides care and supervision for 9 or more children has the right to know certain information about the day care center that would aid the parent, guardian or legal custodian in assessing the quality of care and supervision provided by the day care center.
48.656 History
History: 1991 a. 275;
1993 a. 213,
375.
48.657
48.657
Day care center reports. 48.657(1)
(1) The department shall provide each day care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 and that provides care and supervision for 9 or more children with an annual report that includes the following information:
48.657(1)(a)
(a) Violations of statutes, rules promulgated by the department under
s. 48.67 or provisions of licensure under
s. 48.70 (1) by the day care center. In providing information under this paragraph, the department may not disclose the identity of any employe of the day care center.
48.657(1)(b)
(b) A telephone number at the department that a person may call to complain of any alleged violation of a statute, rule promulgated by the department under
s. 48.67 or provision of licensure under
s. 48.70 (1) by the day care center.
48.657(1)(c)
(c) The results of the most recent inspection of the day care center under
s. 48.73.
48.657(2)
(2) A day care center shall post the report under
sub. (1) next to the day care center's license or probationary license in a place where the report and the inspection results can be seen by parents, guardians or legal custodians during the day care center's hours of operation.
48.657(2g)
(2g) If the report under
sub. (1) indicates that the day care center is in violation of a statute, a rule promulgated by the department under
s. 48.67 or a provision of licensure under
s. 48.70 (1), the day care center shall post with the report any notices received from the department relating to that violation.
48.657(2r)
(2r) Each day care center that receives a report under
sub. (1) shall make available to a parent, guardian or legal custodian of a child who is receiving, or who is a prospective recipient of, care and supervision from the day care center the reports under
sub. (1) from the previous 2 years and any notices received from the department relating to any violations identified in those reports. In providing information under this subsection, a day care center may withhold any information that would disclose the identity of an employe of the day care center.
