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:
SB346,22,9 2348.67 Rules governing child welfare agencies, child care centers,
24foster homes, group homes, shelter care facilities, and county departments.

25(intro.) The department shall promulgate rules establishing minimum

1requirements for the issuance of licenses to, and establishing standards for the
2operation of, child welfare agencies, child care centers, foster homes, group homes,
3shelter care facilities, and county departments. Those rules shall be designed to
4protect and promote the health, safety, and welfare of the children in the care of all
5licensees. The department shall consult with the department of commerce, the
6department of public instruction, and the child abuse and neglect prevention board
7before promulgating those rules. For foster homes, those rules shall include the rules
8promulgated under s. 48.62 (8). Those rules shall include rules that require all of the
9following:
SB346, s. 54 10Section 54. 48.67 (1) of the statutes is amended to read:
SB346,22,1611 48.67 (1) That all day child care center licensees, and all employees and
12volunteers of a day child care center, who provide care and supervision for children
13under one year of age receive, before the date on which the license is issued or the
14employment or volunteer work commences, whichever is applicable, training in the
15most current medically accepted methods of preventing sudden infant death
16syndrome.
SB346, s. 55 17Section 55. 48.67 (2) of the statutes is amended to read:
SB346,22,2318 48.67 (2) That all day child care center licensees, and all employees and
19volunteers of a day child care center, who provide care and supervision for children
20under 5 years of age receive, before the date on which the license is issued or the
21employment or volunteer work commences, whichever is applicable, the training
22relating to shaken baby syndrome and impacted babies required under s. 253.15 (4)
23(a) or (c).
SB346, s. 56 24Section 56. 48.67 (3) (a) of the statutes is amended to read:
SB346,23,6
148.67 (3) (a) That all day child care center licensees, and all employees of a day
2child care center, who provide care and supervision for children have current
3proficiency in the use of an automated external defibrillator, as defined in s. 146.50
4256.15 (1) (cr), achieved through instruction provided by an individual, organization,
5or institution of higher education that is approved under s. 46.03 (38) to provide such
6instruction.
SB346, s. 57 7Section 57. 48.685 (1) (b) of the statutes is amended to read:
SB346,23,158 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
948.60 to provide care and maintenance for children, to place children for adoption,
10or to license foster homes or treatment foster homes; a foster home or treatment
11foster home that is licensed under s. 48.62; a group home that is licensed under s.
1248.625; a shelter care facility that is licensed under s. 938.22; a day child care center
13that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14);
14a day child care provider that is certified under s. 48.651; or a temporary employment
15agency that provides caregivers to another entity.
SB346, s. 58 16Section 58. 48.685 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts
1728
and .... (this act), is repealed and recreated to read:
SB346,23,2418 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s.
1948.60 to provide care and maintenance for children, to place children for adoption,
20or to license foster homes; a foster home that is licensed under s. 48.62; a group home
21that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22;
22a child care center that is licensed under s. 48.65 or established or contracted for
23under s. 120.13 (14); a child care provider that is certified under s. 48.651; or a
24temporary employment agency that provides caregivers to another entity.
SB346, s. 59 25Section 59. 48.685 (2) (am) (intro.) of the statutes is amended to read:
SB346,24,6
148.685 (2) (am) (intro.) The department, a county department, a child welfare
2agency, or a school board shall obtain all of the following with respect to a caregiver
3specified in sub. (1) (ag) 1. b., a nonclient resident of an entity , and a person under
418 years of age, but not under 12 years of age, who is a caregiver of a day child care
5center that is licensed under s. 48.65 or established or contracted for under s. 120.13
6(14) or of a day child care provider that is certified under s. 48.651:
SB346, s. 60 7Section 60. 48.685 (2) (b) 4. of the statutes is amended to read:
SB346,24,148 48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under
918 years of age, but not under 12 years of age, who is a caregiver or nonclient resident
10of a day child care center that is licensed under s. 48.65 or established or contracted
11for under s. 120.13 (14) or of a day child care provider that is certified under s. 48.651
12and with respect to whom the department, a county department, or a school board
13is required under par. (am) (intro.) to obtain the information specified in par. (am)
141. to 5.
SB346, s. 61 15Section 61. 48.685 (3) (a) of the statutes is amended to read:
SB346,24,2416 48.685 (3) (a) Every 4 years or at any time within that period that the
17department, a county department, a child welfare agency, or a school board considers
18appropriate, the department, county department, child welfare agency, or school
19board shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers
20specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to operate an
21entity, for all persons who are nonclient residents of such a caregiver, and for all
22persons under 18 years of age, but not under 12 years of age, who are caregivers of
23a day child care center that is licensed under s. 48.65 or established or contracted for
24under s. 120.13 (4) or of a day child care provider that is certified under s. 48.651.
SB346, s. 62 25Section 62. 48.685 (3) (b) of the statutes is amended to read:
SB346,25,7
148.685 (3) (b) Every 4 years or at any time within that period that an entity
2considers appropriate, the entity shall request the information specified in sub. (2)
3(b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the
4entity other than persons under 18 years of age, but not under 12 years of age, who
5are caregivers of a day child care center that is licensed under s. 48.65 or established
6or contracted for under s. 120.13 (14) or of a day child care provider that is certified
7under s. 48.651.
SB346, s. 63 8Section 63. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009
9Wisconsin Act 28
, section 1071d, is amended to read:
SB346,25,1910 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
11par. (ad) and sub. (5), the department may not license, or continue or renew the
12license of, a person to operate an entity, the department in a county having a
13population of 500,000 or more, a county department, or an agency contracted with
14under s. 48.651 (2) may not certify a day child care provider under s. 48.651, a county
15department or a child welfare agency may not license, or renew the license of, a foster
16home or treatment foster home under s. 48.62, and a school board may not contract
17with a person under s. 120.13 (14), if the department, county department, contracted
18agency, child welfare agency, or school board knows or should have known any of the
19following:
SB346, s. 64 20Section 64. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009
21Wisconsin Act 28
, section 1072d, and 2009 Wisconsin Act .... (this act), is repealed and
22recreated to read:
SB346,26,623 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
24par. (ad) and sub. (5), the department may not license, or continue or renew the
25license of, a person to operate an entity, the department in a county having a

1population of 500,000 or more, a county department, or an agency contracted with
2under s. 48.651 (2) may not certify a child care provider under s. 48.651, a county
3department or a child welfare agency may not license, or renew the license of, a foster
4home under s. 48.62, and a school board may not contract with a person under s.
5120.13 (14), if the department, county department, contracted agency, child welfare
6agency, or school board knows or should have known any of the following:
SB346, s. 65 7Section 65. 48.685 (4m) (a) 1. of the statutes is amended to read:
SB346,26,148 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or, if
9the person is an applicant for issuance or continuation of a license to operate a day
10child care center or for initial certification under s. 48.651 or for renewal of that
11certification or if the person is proposing to contract with a school board under s.
12120.13 (14) or to renew a contract under that subsection, that the person has been
13convicted of a serious crime or adjudicated delinquent on or after his or her 12th
14birthday for committing a serious crime.
SB346, s. 66 15Section 66. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Act
1628
, section 1073d, is amended to read:
SB346,26,2417 48.685 (4m) (ad) The department, a county department, or a child welfare
18agency may license a foster home or treatment foster home under s. 48.62, the
19department in a county having a population of 500,000 or more, a county
20department, or an agency contracted with under s. 48.651 (2) may certify a day child
21care provider under s. 48.651, and a school board may contract with a person under
22s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am)
23indicating that the person is not ineligible to be licensed, certified, or contracted with
24for a reason specified in par. (a) 1. to 5.
SB346, s. 67
1Section 67. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Acts
228
, section 1074d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
3read:
SB346,27,104 48.685 (4m) (ad) The department, a county department, or a child welfare
5agency may license a foster home under s. 48.62, the department in a county having
6a population of 500,000 or more, a county department, or an agency contracted with
7under s. 48.651 (2) may certify a child care provider under s. 48.651, and a school
8board may contract with a person under s. 120.13 (14), conditioned on the receipt of
9the information specified in sub. (2) (am) indicating that the person is not ineligible
10to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.
SB346, s. 68 11Section 68. 48.685 (4m) (b) 1. of the statutes is amended to read:
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