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 child care center from the department. To obtain a license under this subsection to operate a child care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.686, and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5). 48.65(2)(2) This section does not include any of the following: 48.65(2)(a)(a) A parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption, who provides care and supervision for the child. 48.65(2)(am)(am) A guardian of a child who provides care and supervision for the child. 48.65(2)(b)(b) A public or parochial school or a tribal school. 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) Except as provided in par. (c), before the department may issue a license under sub. (1) to a child care center that provides care and supervision for 4 to 8 children, the child care center must pay to the department a biennial fee of $60.50. Except as provided in par. (c), before the department may issue a license under sub. (1) to a child care center that provides care and supervision for 9 or more children, the child care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children that the child care center is licensed to serve. A child care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new child care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the child care center. 48.65(3)(b)(b) A child care center that wishes to continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the continuation date of the license or a new child care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the child care center shall pay an additional fee of $5 per day for every day after the deadline that the child care center fails to pay the fee. 48.65(3)(c)(c) An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay a fee under par. (a) for a license under sub. (1). 48.65 Cross-referenceCross-reference: See also chs. DCF 250, 251, and 252, Wis. adm. code. 48.65 AnnotationThe 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). 48.65148.651 Certification of child care providers. 48.651(1)(1) Except as provided in s. 49.155 (4) (c), 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 payment 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 sub. (1d), by the department in a county having a population of 750,000 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 sub. (1d), meet the requirements specified in s. 48.686, and pay the fee specified in sub. (2). The department in a county having a population of 750,000 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 sub. (1d). 48.651(1)(b)(b) Level II certified family child care providers, as established by the department under sub. (1d). 48.651(1d)(a)(a) The department shall promulgate rules establishing standards for the certification of child care providers under sub. (1). The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements under this paragraph for certification of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive the minimum health and safety training required under par. (b). 48.651(1d)(b)1.1. A level I certified family child care provider shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the date of certification. A level II certified family child care provider or an employee or volunteer of a level I or level II certified family child care provider who is not the primary provider of care and supervision for children shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the end of the orientation period available under 42 USC 9858c (c) (2) (I) (i) (XI). The health and safety training required under this subdivision shall include training in all of the following topics: 48.651(1d)(b)1.a.a. The prevention and control of infectious diseases, including by means of immunizations. 48.651(1d)(b)1.b.b. The prevention of sudden infant death syndrome and use of safe sleeping practices. 48.651(1d)(b)1.c.c. The administration of medication, consistent with parental consent. 48.651(1d)(b)1.d.d. The prevention of and response to emergencies due to allergic reactions to food or other allergens. 48.651(1d)(b)1.e.e. Building and physical premises safety, including identification of and protection from electrical hazards, bodies of water, vehicular traffic, and other hazards that can cause bodily injury. 48.651(1d)(b)1.g.g. Emergency preparedness and response planning for emergencies resulting from natural disaster or human-caused events.