48.65 Annotation
The distinction created by sub. (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 child care providers. 48.651(1)
(1) No person, other than a child care center licensed under
s. 48.65 or established or contracted for under
s. 120.13 (14), may receive reimbursement for providing child care services for an individual who is determined eligible for a child care subsidy under
s. 49.155 unless the person is certified, according to the standards adopted by the department under
s. 49.155 (1d), by the department in a county having a population of 500,000 or more, a county department, or an agency with which the department contracts under
sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under
s. 49.155 (1d), meet the requirements specified in
s. 48.685, and pay the fee specified in
sub. (2). The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
sub. (2) shall certify the following categories of child care providers:
48.651(1)(a)
(a) Level I certified family child care providers, as established by the department under
s. 49.155 (1d). No provider may be certified under this paragraph if the provider is a relative of all of the children for whom the provider provides care.
48.651(1)(b)
(b) Level II certified family child care providers, as established by the department under
s. 49.155 (1d).
48.651(2)
(2) The department in a county having a population of 500,000 or more or a county department shall certify child care providers under
sub. (1) or the department may contract with a Wisconsin Works agency, as defined in
s. 49.001 (9), child care resource and referral agency, or other agency to certify child care providers under
sub. (1) in a particular geographic area or for a particular Indian tribal unit. The department in a county having a population of 500,000 or more or a county department that certifies child care providers under
sub. (1) may charge a fee to cover the costs of certifying those providers. An agency contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying child care providers.
48.651(2c)(a)
(a) Reimburse a county having a population of 500,000 or more for all approved, allowable certification costs, as provided in
s. 49.826 (2) (c).
48.651(2c)(b)
(b) For contracts with agencies entered into under
sub. (2), allocate available funds, as determined by the department, in proportion to the number of certified providers, applications for certification, previously experienced certification costs, estimated certification costs, or such other measures as the department determines.
48.651(2m)
(2m) The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
sub. (2) shall provide the department of health services with information about each person who is denied certification for a reason specified in
s. 48.685 (4m) (a) 1. to
5.
48.651(3)(a)(a) If a day [child] care provider certified under
sub. (1) is convicted of a serious crime, as defined in
s. 48.685 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), of the day [child] care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
sub. (2) shall revoke the certification of the day [child] care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.
48.651(3)(b)
(b) If a day [child] care provider certified under
sub. (1) is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in
s. 48.685 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), of the day [child] care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under
sub. (2) shall immediately suspend the certification of the day [child] care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be certified under
sub. (1).
48.651 Note
NOTE: The correct term is shown in brackets.
2009 Wis. Act 76 added the reference to "day care" and
2009 Wis. Act 185 changed other references from "day care" to "child care" without taking Act 76 into account. Corrective legislation is pending.
48.651 Cross-reference
Cross-reference: See also ch.
DCF 202, Wis. adm. code.
48.653
48.653
Information for child care providers. The department shall provide each child 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 child care providers. Each county agency shall provide each child care provider that it certifies with a copy of the brochure.
48.653 History
History: 1983 a. 193;
2009 a. 185.
48.655
48.655
Parental access. A child 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.
48.656
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 child care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 has the right to know certain information about the child care center that would aid the parent, guardian, or legal custodian in assessing the quality of care and supervision provided by the child care center.
48.657
48.657
Child care center reports. 48.657(1)
(1) The department shall provide each child care center that holds a license under
s. 48.65 (1) or a probationary license under
s. 48.69 with an annual report that includes the following information:
48.657(1)(a)
(a) Violations of statutes, rules promulgated by the department under
s. 48.658 (4) (a) or
48.67, or provisions of licensure under
s. 48.70 (1) by the child care center. In providing information under this paragraph, the department may not disclose the identity of any employee of the child 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. 48.658 (4) (a) or
48.67, or provision of licensure under
s. 48.70 (1) by the child care center.
48.657(1)(c)
(c) The results of the most recent inspection of the child care center under
s. 48.73.
48.657(2)
(2) A child care center shall post the report under
sub. (1) next to the child 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 child care center's hours of operation.
48.657(2g)
(2g) If the report under
sub. (1) indicates that the child care center is in violation of a statute, a rule promulgated by the department under
s. 48.658 (4) (a) or
48.67, or a provision of licensure under
s. 48.70 (1), the child care center shall post with the report any notices received from the department relating to that violation.
48.657(2m)
(2m) The department shall make available on the department's Internet site, as part of the department's licensed child care center search database, a specific description of any violation described in
sub. (1) and a description of any steps taken by the child care center to correct the violation.
48.657(2r)
(2r) Each child 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 child 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 child care center may withhold any information that would disclose the identity of an employee of the child care center.
48.657(3)
(3) The department may require a child care center to provide to the department any information that is necessary for the department to prepare the report under
sub. (1).
48.658
48.658
Child safety alarms in child care vehicles. 48.658(1)(a)
(a) "Child care provider" means a child care center that is licensed under
s. 48.65 (1), a child care provider that is certified under
s. 48.651, or a child care program that is established or contracted for under
s. 120.13 (14).
48.658(1)(b)
(b) "Child care vehicle" means a vehicle that has a seating capacity of 6 or more passengers in addition to the driver, that is owned or leased by a child care provider or a contractor of a child care provider, and that is used to transport children to and from the child care provider.
48.658(1)(c)
(c) "Child safety alarm" means an alarm system that prompts the driver of a child care vehicle to inspect the child care vehicle for children before exiting the child care vehicle.
48.658(2)
(2) Child safety alarms required. Before a child care vehicle is placed in service, the child care provider or contractor of a child care provider that is the owner or lessee of the child care vehicle shall have a child safety alarm installed in the child care vehicle. A person who is required under this subsection to have a child safety alarm installed in a child care vehicle shall ensure that the child safety alarm is properly maintained and in good working order each time the child care vehicle is used for transporting children to or from a child care provider.
48.658(3)(a)(a) No person may knowingly transport a child, and no child care provider or contractor of a child care provider that is the owner or lessee of a child care vehicle may knowingly permit a child to be transported, to or from a child care provider in a child care vehicle in which a child safety alarm has not been installed, is not properly maintained, or is not in good working order. In addition to the sanctions and penalties specified in
s. 48.715, any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than one year in the county jail or both.
48.658(3)(bm)
(bm) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of a child safety alarm that is installed in a child care vehicle, except for the purpose of testing, repairing, or maintaining the child safety alarm or of replacing or disposing of a malfunctioning child safety alarm. No person may shut off a child safety alarm that is installed in a child care vehicle unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle. Any person who violates this paragraph is guilty of a Class I felony.
48.658(4)
(4) Rules; information about child safety alarms. 48.658(4)(a)(a) The department shall promulgate rules to implement this section. Those rules shall include a rule requiring the department, whenever it inspects a child care provider that is licensed under
s. 48.65 (1) or established or contracted for under
s. 120.13 (14), and a county department, whenever it inspects a child care provider that is certified under
s. 48.651, to inspect the child safety alarm of each child care vehicle that is used to transport children to and from the child care provider to determine whether the child safety alarm is in good working order.
48.658(4)(bm)
(bm) The department shall make information about child safety alarms available to persons who are required under
sub. (2) to have a child safety alarm installed in a child care vehicle. The department may make that information available by posting the information on the department's Internet site.
48.658 History
History: 2009 a. 19,
185.
48.659
48.659
Child care quality rating system. The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under
s. 48.65 that receives reimbursement under
s. 49.155 for the child care provided or that volunteers for rating under this section. The department shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department's Internet site.
48.659 History
History: 2009 a. 28.
LICENSING PROCEDURES AND REQUIREMENTS
FOR CHILD WELFARE AGENCIES, FOSTER HOMES, GROUP HOMES, CHILD CARE CENTERS,
AND COUNTY DEPARTMENTS
48.66
48.66
Licensing duties of the department. 48.66(1)(a)(a) Except as provided in
s. 48.715 (6) and
(7), the department shall license and supervise child welfare agencies, as required by
s. 48.60, group homes, as required by
s. 48.625, shelter care facilities, as required by
s. 938.22, and child care centers, as required by
s. 48.65. The department may license foster homes or treatment foster homes, as provided by
s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in
ss. 48.67 to
48.74. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes and treatment foster homes in which children are placed.
Effective date note
NOTE: Par. (a) is repealed and recreated by
2009 Wis. Act 185 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and child care centers, as required by s. 48.65. The department may license foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes in which children are placed.
48.66(1)(b)
(b) Except as provided in
s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth, as defined in
s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under
s. 938.183 or adjudicated delinquent under
s. 938.183 or
938.34 (4d),
(4h), or
(4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles.
48.66(1)(c)
(c) A license issued under
par. (a) or
(b), other than a license to operate a foster home, treatment foster home, or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home, or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under
par. (a) or
(b) is transferable.
Effective date note
NOTE: Par. (c) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(c) A license issued under par. (a) or (b), other than a license to operate a foster home or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection to operate a foster home or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under par. (a) or (b) is transferable.
48.66(2)
(2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility, or child care center who are individuals, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under
sub. (2m) (a) 2., be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility, or child care center who are not individuals be provided.
48.66(2m)(a)1.1. Except as provided in
subd. 2., the department shall require each applicant for a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.
48.66(2m)(a)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(am)1.1. Except as provided in
subd. 2., the department of corrections shall require each applicant for a license under
sub. (1) (b) to operate a secured residential care center for children and youth who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.
48.66(2m)(am)2.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of corrections that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
48.66(2m)(b)
(b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, that department may not issue or continue a license under
sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (a) 2.
48.66(2m)(bm)
(bm) If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department may not issue or renew a license under
sub. (1) (b) to operate a secured residential care center for children and youth to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
par. (am) 2.
48.66(2m)(c)
(c) The subunit of the department that obtains a social security number or a federal employer identification number under
par. (a) 1. may not disclose that information to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under
s. 49.22 (2m).
48.66(2m)(cm)
(cm) The department of corrections may not disclose any information obtained under
par. (am) 1. to any person except on the request of the department under
s. 49.22 (2m).
48.66(3)
(3) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
48.66(5)
(5) A child welfare agency, group home, child care center, or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under
s. 48.67 are met, the application is approved, the applicable fees referred to in
ss. 48.68 (1) and
48.685 (8) are paid, and any forfeiture under
s. 48.715 (3) (a) or penalty under
s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in
s. 48.715 (4) and
(4m) (b).
48.66 History
History: 1975 c. 307;
1977 c. 29,
271,
418,
447;
1979 c. 330;
1985 a. 176;
1993 a. 375 ss.
10,
12,
13;
1993 a. 377,
446,
491;
1995 a. 27,
77,
352;
1997 a. 27,
191,
205,
237;
1999 a. 9;
2005 a. 344;
2007 a. 20;
2009 a. 28,
185.
48.66 Cross-reference
Cross-reference: See also chs.
DCF 38 and
57, Wis. adm. code.
48.67
48.67
Rules governing child welfare agencies, child care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. 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, 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:
Effective date note
NOTE: Section 48.67 (intro.) is repealed and recreated by
2009 Wis. Act 185 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. 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:
48.67(1)
(1) That all child care center licensees, and all employees and volunteers of a 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.
48.67(2)
(2) That all child care center licensees, and all employees and volunteers of a 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).
48.67(3)(a)(a) That all child care center licensees, and all employees of a 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. 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.
48.67(3)(b)
(b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in
s. 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.
48.67(3)(c)
(c) That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in
s. 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 and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.
48.67(3)(d)
(d) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in
s. 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.
48.67(4)(a)(a) That all foster parents and treatment foster parents successfully complete training in the care and support needs of children who are placed in foster care or treatment foster care that has been approved by the department. The training shall be completed on an ongoing basis, as determined by the department. The department shall promulgate rules prescribing the training that is required under this subsection and shall monitor compliance with this subsection according to those rules. The training shall include training in all of the following:
48.67(4)(a)1.
1. Parenting skills, including child development; infant care, if appropriate; the effects of trauma on children; communicating with children in an age-appropriate manner; and recognizing issues such as drug use or addiction or attachment disorder.
48.67(4)(a)2.
2. For foster parents or treatment foster parents caring for children 11 years of age or older, teaching and encouraging independent living skills, including budgeting, health and nutrition, and other skills to promote the child's long-term economic independence and well-being.
