SB350, s. 12 14Section 12 . 48.345 (2m) of the statutes is amended to read:
SB350,9,2015 48.345 (2m) Place the child in the child's home under the supervision of an
16agency or the department, if the department approves, and order the agency or
17department to provide specified services to the child and the child's family, which
18may include but are not limited to individual, family , or, group counseling,
19homemaker or parent aide services, respite care, housing assistance, day child care,
20parent skills training, or prenatal development training or education.
SB350, s. 13 21Section 13 . 48.355 (2) (b) 6. of the statutes is amended to read:
SB350,9,2522 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
23placement of the child in his or her home would be contrary to the welfare of the child,
24a finding as to whether the county department, the department, in a county having
25a population of 500,000 or more, or the agency primarily responsible for providing

1services under a court order has made reasonable efforts to prevent the removal of
2the child from the home, while assuring that the child's health and safety are the
3paramount concerns, unless the court finds that any of the circumstances specified
4in sub. (2d) (b) 1. to 5. applies, and a finding as to whether the county department,
5department, or agency has made reasonable efforts to achieve the goal of the child's
6permanency plan, unless return of the child to the home is the goal of the permanency
7plan and the court finds that any of the circumstances specified in sub. (2d) (b) 1. to
85. applies
. The court shall make the findings specified in this subdivision on a
9case-by-case basis based on circumstances specific to the child and shall document
10or reference the specific information on which those findings are based in the court
11order. A court order that merely references this subdivision without documenting
12or referencing that specific information in the court order or an amended court order
13that retroactively corrects an earlier court order that does not comply with this
14subdivision is not sufficient to comply with this subdivision.
SB350, s. 14 15Section 14 . 48.355 (2c) (a) 3. c. of the statutes is amended to read:
SB350,10,1816 48.355 (2c) (a) 3. c. Community support services, such as day child care, parent
17skills training, housing assistance, employment training, and emergency mental
18health services.
SB350, s. 15 19Section 15. 48.356 (1) of the statutes is amended to read:
SB350,11,420 48.356 (1) Whenever the court orders a child to be placed outside his or her
21home, orders an expectant mother of an unborn child to be placed outside of her
22home, or denies a parent visitation because the child or unborn child has been
23adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357,
2448.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38
25(5m)
, the court shall orally inform the parent or parents who appear in court or the

1expectant mother who appears in court of any grounds for termination of parental
2rights under s. 48.415 which may be applicable and of the conditions necessary for
3the child or expectant mother to be returned to the home or for the parent to be
4granted visitation.
Note: This Section requires termination of parental rights warnings to be given
at annual permanency plan review hearings, which requirement was inadvertently
omitted when 2001 Wisconsin Act 109 replaced annual dispositional order extension
hearings with annual permanency plan review hearings. According to the Department
of Health and Family Services (DHFS), these warnings must be given at permanency
plan review hearings to avoid delaying a petition for termination of parental rights.
SB350, s. 16 5Section 16 . 48.365 (2g) (b) 2. of the statutes is amended to read:
SB350,11,126 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and
7of any progress the child has made, suggestions for amendment of the permanency
8plan, and specific information showing the efforts that have been made to achieve the
9goal of the permanency plan, including, if applicable, the efforts of the parents to
10remedy the factors that contributed to the child's placement, unless return of the
11child to the home is the goal of the permanency plan and any of the circumstances
12specified in s. 48.355 (2d) (b) 1. to 5. applies
.
SB350, s. 17 13Section 17. 48.365 (2m) (a) 1. of the statutes is amended to read:
SB350,12,414 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
15extension. If the child is placed outside of his or her home, the person or agency
16primarily responsible for providing services to the child shall present as evidence
17specific information showing that the person or agency has made reasonable efforts
18to achieve the goal of the child's permanency plan, unless return of the child to the
19home is the goal of the permanency plan and any of the circumstances specified in
20s. 48.355 (2d) (b) 1. to 5. applies
. The judge shall make findings of fact and
21conclusions of law based on the evidence. The findings of fact shall include a finding
22as to whether reasonable efforts were made by the agency primarily responsible for

1providing services to the child to achieve the goal of the child's permanency plan,
2unless return of the child to the home is the goal of the permanency plan and the
3judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
4An order shall be issued under s. 48.355.
SB350, s. 18 5Section 18 . 48.38 (5) (c) 7. of the statutes is amended to read:
SB350,12,96 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
7the goal of the permanency plan, unless return of the child to the home is the goal
8of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b)
91. to 5. applies
.
SB350, s. 19 10Section 19 . 48.47 (7) (cm) of the statutes, as affected by 2007 Wisconsin Act
1120
, is amended to read:
SB350,12,1412 48.47 (7) (cm) Promote the establishment of adequate child care facilities and
13services in this state by providing start-up grants to newly operating day child care
14facilities and services under rules promulgated by the department.
SB350, s. 20 15Section 20. 48.48 (10) of the statutes is amended to read:
SB350,12,1716 48.48 (10) To license child welfare agencies and day child care centers as
17provided in s. 48.66 (1) (a).
SB350, s. 21 18Section 21. Subchapter XV (title) of chapter 48 [precedes 48.65] of the statutes
19is amended to read:
SB350,12,2020 chapter 48
SB350,12,2221 Subchapter xv
22Day Child care providers
SB350, s. 22 23Section 22. 48.65 (title) of the statutes is amended to read:
SB350,12,24 2448.65 (title) Day Child care centers licensed; fees.
SB350, s. 23 25Section 23. 48.65 (1) of the statutes is amended to read:
SB350,13,8
148.65 (1) No person may for compensation provide care and supervision for 4
2or more children under the age of 7 for less than 24 hours a day unless that person
3obtains a license to operate a day child care center from the department. To obtain
4a license under this subsection to operate a day child care center, a person must meet
5the minimum requirements for a license established by the department under s.
648.67, meet the requirements specified in s. 48.685, and pay the license fee under
7sub. (3). A license issued under this subsection is valid until revoked or suspended,
8but shall be reviewed every 2 years as provided in s. 48.66 (5).
SB350, s. 24 9Section 24. 48.65 (3) (a) of the statutes is amended to read:
SB350,13,2010 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day
11child care center that provides care and supervision for 4 to 8 children, the day child
12care center must pay to the department a biennial fee of $60.50. Before the
13department may issue a license under sub. (1) to a day child care center that provides
14care and supervision for 9 or more children, the day child care center must pay to the
15department a biennial fee of $30.25, plus a biennial fee of $10.33 per child, based on
16the number of children that the day child care center is licensed to serve. A day child
17care center that wishes to continue a license issued under sub. (1) shall pay the
18applicable fee under this paragraph by the continuation date of the license. A new
19day child care center shall pay the applicable fee under this paragraph no later than
2030 days before the opening of the day child care center.
SB350, s. 25 21Section 25. 48.65 (3) (b) of the statutes is amended to read:
SB350,14,222 48.65 (3) (b) A day child care center that wishes to continue a license issued
23under par. (a) and that fails to pay the applicable fee under par. (a) by the
24continuation date of the license or a new day child care center that fails to pay the
25applicable fee under par. (a) by 30 days before the opening of the day child care center

1shall pay an additional fee of $5 per day for every day after the deadline that the
2group home child care center fails to pay the fee.
Note: This Section corrects an erroneous reference in s. 48.65 (3) (b), stats., which
provides a penalty for a child care center that is late in paying its licensing fee. The
statute contains a reference to a group home, but should instead refer to a child care
center.
SB350, s. 26 3Section 26. 48.651 (title) of the statutes is amended to read:
SB350,14,4 448.651 (title) Certification of day child care providers.
SB350, s. 27 5Section 27. 48.651 (1) (intro.) of the statutes, as affected by 2007 Wisconsin
6Act 20
, is amended to read:
SB350,14,167 48.651 (1) (intro.) Each county department shall certify, according to the
8standards adopted by the department under s. 49.155 (1d), each day child care
9provider reimbursed for child care services provided to families determined eligible
10under s. 49.155, unless the provider is a day child care center licensed under s. 48.65
11or is established or contracted for under s. 120.13 (14). Each county may charge a
12fee to cover the costs of certification. To be certified under this section, a person must
13meet the minimum requirements for certification established by the department
14under s. 49.155 (1d), meet the requirements specified in s. 48.685 , and pay the fee
15specified in this section. The county shall certify the following categories of day child
16care providers:
SB350, s. 28 17Section 28. 48.651 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20,
18is amended to read:
SB350,14,2219 48.651 (1) (a) Level I certified family day child care providers, as established
20by the department under s. 49.155 (1d). No county may certify a provider under this
21paragraph if the provider is a relative of all of the children for whom he or she the
22provider
provides care.
SB350, s. 29
1Section 29. 48.651 (1) (b) of the statutes, as affected by 2007 Wisconsin Act 20,
2is amended to read:
SB350,15,43 48.651 (1) (b) Level II certified family day child care providers, as established
4by the department under s. 49.155 (1d).
SB350, s. 30 5Section 30. 48.653 of the statutes is amended to read:
SB350,15,11 648.653 Information for day child care providers. The department shall
7provide each day child care center licensed under s. 48.65 and each county agency
8providing child welfare services with a brochure containing information on basic
9child care and the licensing and certification requirements for day child care
10providers. Each county agency shall provide each day child care provider that it
11certifies with a copy of the brochure.
SB350, s. 31 12Section 31. 48.655 of the statutes is amended to read:
SB350,15,18 1348.655 Parental access. A day child care provider that holds a license under
14s. 48.65, that is certified under s. 48.651, that holds a probationary license under s.
1548.69, or that is established or contracted for under s. 120.13 (14) shall permit any
16parent or guardian of a child enrolled in the program to visit and observe the program
17of child care at any time during the provider's hours of operation, unless the visit or
18observation is contrary to an existing court order.
SB350, s. 32 19Section 32. 48.656 of the statutes is amended to read:
SB350,16,2 2048.656 Parent's right to know. Every parent, guardian, or legal custodian
21of a child who is receiving care and supervision, or of a child who is a prospective
22recipient of care and supervision, from a day child care center that holds a license
23under s. 48.65 (1) or a probationary license under s. 48.69 has the right to know
24certain information about the day child care center that would aid the parent,

1guardian, or legal custodian in assessing the quality of care and supervision provided
2by the day child care center.
SB350, s. 33 3Section 33. 48.657 (title) of the statutes is amended to read:
SB350,16,4 448.657 (title) Day Child care center reports.
SB350, s. 34 5Section 34. 48.657 (1) (intro.) of the statutes is amended to read:
SB350,16,86 48.657 (1) (intro.) The department shall provide each day child care center that
7holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an
8annual report that includes the following information:
SB350, s. 35 9Section 35. 48.657 (1) (a) of the statutes is amended to read:
SB350,16,1310 48.657 (1) (a) Violations of statutes, rules promulgated by the department
11under s. 48.67, or provisions of licensure under s. 48.70 (1) by the day child care
12center. In providing information under this paragraph, the department may not
13disclose the identity of any employee of the day child care center.
SB350, s. 36 14Section 36. 48.657 (1) (b) of the statutes is amended to read:
SB350,16,1715 48.657 (1) (b) A telephone number at the department that a person may call
16to complain of any alleged violation of a statute, rule promulgated by the department
17under s. 48.67, or provision of licensure under s. 48.70 (1) by the day child care center.
SB350, s. 37 18Section 37. 48.657 (1) (c) of the statutes is amended to read:
SB350,16,2019 48.657 (1) (c) The results of the most recent inspection of the day child care
20center under s. 48.73.
SB350, s. 38 21Section 38. 48.657 (2) of the statutes is amended to read:
SB350,16,2522 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.
SB350, s. 39
1Section 39. 48.657 (2g) of the statutes is amended to read:
SB350,17,52 48.657 (2g) If the report under sub. (1) indicates that the day child care center
3is in violation of a statute, a rule promulgated by the department under s. 48.67, or
4a provision of licensure under s. 48.70 (1), the day child care center shall post with
5the report any notices received from the department relating to that violation.
SB350, s. 40 6Section 40. 48.657 (2r) of the statutes is amended to read:
SB350,17,147 48.657 (2r) Each day child care center that receives a report under sub. (1) shall
8make available to a parent, guardian, or legal custodian of a child who is receiving,
9or who is a prospective recipient of, care and supervision from the day child care
10center the reports under sub. (1) from the previous 2 years and any notices received
11from the department relating to any violations identified in those reports. In
12providing information under this subsection, a day child care center may withhold
13any information that would disclose the identity of an employee of the day child care
14center.
SB350, s. 41 15Section 41. 48.657 (3) of the statutes is amended to read:
SB350,17,1816 48.657 (3) The department may require a day child care center to provide to
17the department any information that is necessary for the department to prepare the
18report under sub. (1).
SB350, s. 42 19Section 42. Subchapter XVI (title) of chapter 48 [precedes 48.66] of the
20statutes is amended to read:
SB350,17,2121 chapter 48
SB350,17,2222 Subchapter xvi
SB350,18,323 Licensing procedures and
24 requirements for child welfare
25 agencies, foster homes,

1treatment foster homes, group
2 homes, day child care centers ,
3and county departments
SB350, s. 43 4Section 43. 48.66 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20,
5is amended to read:
SB350,18,156 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 day child
9care centers, as required by s. 48.65. The department may license foster homes or
10treatment foster homes, as provided by s. 48.62, and may license and supervise
11county departments in accordance with the procedures specified in this section and
12in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the
13records and visit the premises of all child welfare agencies, group homes, shelter care
14facilities, and day child care centers and visit the premises of all foster homes and
15treatment foster homes in which children are placed.
SB350, s. 44 16Section 44. 48.66 (2) of the statutes is amended to read:
SB350,19,217 48.66 (2) The department shall prescribe application forms to be used by all
18applicants for licenses from it. The application forms prescribed by the department
19shall require that the social security numbers of all applicants for a license to operate
20a child welfare agency, group home, shelter care facility, or day child care center who
21are individuals, other than an individual who does not have a social security number
22and who submits a statement made or subscribed under oath or affirmation as
23required under sub. (2m) (a) 2., be provided and that the federal employer
24identification numbers of all applicants for a license to operate a child welfare

1agency, group home, shelter care facility, or day child care center who are not
2individuals be provided.
SB350, s. 45 3Section 45. 48.66 (2m) (a) 1. of the statutes, as affected by 2007 Wisconsin Act
420
, is amended to read:
SB350,19,125 48.66 (2m) (a) 1. Except as provided in subd. 2., the department shall require
6each applicant 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 an individual to provide
8that department with the applicant's social security number, and shall require each
9applicant for a license under sub. (1) (a) to operate a child welfare agency, group
10home, shelter care facility, or day child care center who is not an individual to provide
11that department with the applicant's federal employer identification number, when
12initially applying for or applying to continue the license.
SB350, s. 46 13Section 46. 48.66 (2m) (b) of the statutes, as affected by 2007 Wisconsin Act
1420
, is amended to read:
SB350,19,2215 48.66 (2m) (b) If an applicant who is an individual fails to provide the
16applicant's social security number to the department or if an applicant who is not an
17individual fails to provide the applicant's federal employer identification number to
18the department, that department may not issue or continue a license under sub. (1)
19(a) to operate a child welfare agency, group home, shelter care facility, or day child
20care center to or for the applicant unless the applicant is an individual who does not
21have a social security number and the applicant submits a statement made or
22subscribed under oath or affirmation as required under par. (a) 2.
SB350, s. 47 23Section 47. 48.66 (5) of the statutes is amended to read:
SB350,20,1224 48.66 (5) A child welfare agency, group home, day child care center, or shelter
25care facility license, other than a probationary license, is valid until revoked or

1suspended, but shall be reviewed every 2 years after the date of issuance as provided
2in this subsection. At least 30 days prior to the continuation date of the license, the
3licensee shall submit to the department an application for continuance of the license
4in the form and containing the information that the department requires. If the
5minimum requirements for a license established under s. 48.67 are met, the
6application is approved, the applicable fees referred to in ss. 48.68 (1) and 48.685 (8)
7are paid, and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is
8due is paid, the department shall continue the license for an additional 2-year
9period, unless sooner suspended or revoked. If the application is not timely filed, the
10department shall issue a warning to the licensee. If the licensee fails to apply for
11continuance of the license within 30 days after receipt of the warning, the
12department may revoke the license as provided in s. 48.715 (4) and (4m) (b).
SB350, s. 48 13Section 48. 48.67 of the statutes is amended to read:
SB350,21,8 1448.67 Rules governing child welfare agencies, day child care centers,
15foster homes, treatment foster homes, group homes, shelter care facilities,
16and county departments.
The department shall promulgate rules establishing
17minimum requirements for the issuance of licenses to, and establishing standards
18for the operation of, child welfare agencies, day child care centers, foster homes,
19treatment foster homes, group homes, shelter care facilities, and county
20departments. Those rules shall be designed to protect and promote the health,
21safety, and welfare of the children in the care of all licensees. The department shall
22consult with the department of commerce, the department of public instruction, and
23the child abuse and neglect prevention board before promulgating those rules. In
24establishing the minimum requirements for the issuance of licenses to day child care
25centers, the department shall include a requirement that all licensees who are

1individuals and all employees and volunteers of a licensee who provide care and
2supervision for children receive, before the date on which the license is issued or the
3employment or volunteer work commences, whichever is applicable, training in the
4most current medically accepted methods of preventing sudden infant death
5syndrome, if the licensee, employee, or volunteer provides care and supervision for
6children under one year of age, and the training relating to shaken baby syndrome
7and impacted babies required under s. 253.15 (4), if the licensee, employee, or
8volunteer provides care and supervision for children under 5 years of age.
SB350, s. 49 9Section 49. 48.685 (1) (b) of the statutes is amended to read:
SB350,21,1710 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
1148.60 to provide care and maintenance for children, to place children for adoption,
12or to license foster homes or treatment foster homes; a foster home or treatment
13foster home that is licensed under s. 48.62; a group home that is licensed under s.
1448.625; a shelter care facility that is licensed under s. 938.22; a day child care center
15that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14);
16a day child care provider that is certified under s. 48.651; or a temporary employment
17agency that provides caregivers to another entity.
SB350, s. 50 18Section 50. 48.685 (2) (am) (intro.) of the statutes is amended to read:
SB350,21,2419 48.685 (2) (am) (intro.) The department, a county department, a child welfare
20agency, or a school board shall obtain all of the following with respect to a caregiver
21specified in sub. (1) (ag) 1. b., a nonclient resident of an entity , and a person under
2218 years of age, but not under 12 years of age, who is a caregiver of a day child care
23center that is licensed under s. 48.65 or established or contracted for under s. 120.13
24(14) or of a day child care provider that is certified under s. 48.651:
SB350, s. 51 25Section 51. 48.685 (2) (b) 4. of the statutes is amended to read:
SB350,22,7
148.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under
218 years of age, but not under 12 years of age, who is a caregiver or nonclient resident
3of a day child care center that is licensed under s. 48.65 or established or contracted
4for under s. 120.13 (14) or of a day child care provider that is certified under s. 48.651
5and with respect to whom the department, a county department, or a school board
6is required under par. (am) (intro.) to obtain the information specified in par. (am)
71. to 5.
SB350, s. 52 8Section 52. 48.685 (3) (a) of the statutes, as affected by 2007 Wisconsin Act 20,
9is amended to read:
SB350,22,1810 48.685 (3) (a) Every 4 years or at any time within that period that the
11department, a county department, a child welfare agency, or a school board considers
12appropriate, the department, county department, child welfare agency, or school
13board shall request the information specified in sub. (2) (am) 1. to 5. for all all
14caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to
15operate an entity, for persons who are nonclient residents of such a caregiver, and for
16all persons under 18 years of age, but not under 12 years of age, who are caregivers
17of a day child care center that is licensed under s. 48.65 or established or contracted
18for under s. 120.13 (4) or of a day child care provider that is certified under s. 48.651.
SB350, s. 53 19Section 53. 48.685 (3) (b) of the statutes, as affected by 2007 Wisconsin Act 20,
20is amended to read:
SB350,23,221 48.685 (3) (b) Every 4 years or at any time within that period that an entity
22considers appropriate, the entity shall request the information specified in sub. (2)
23(b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the
24entity other than persons under 18 years of age, but not under 12 years of age, who
25are caregivers of a day child care center that is licensed under s. 48.65 or established

1or contracted for under s. 120.13 (14) or of a day child care provider that is certified
2under s. 48.651.
Loading...
Loading...