AB677,16 11Section 16. Ch. DCF 110 of the administrative code is repealed.
AB677,17 12Section 17. Ch. DCF 121 of the administrative code is repealed.
AB677,18 13Section 18. DCF 201.02 (2m) of the administrative code is amended to read:
AB677,8,1914 DCF 201.02 (2m) "Certification agency" means the department in a county
15having a population of 500,000 750,000 or more, a county department of social
16services established under s. 46.22, Stats., a county department of human services
17established under s. 46.23, Stats., a tribal agency,
or any agency that has a contract
18contracts with the department any of those entities to certify child care providers
19under s. 48.651, Stats., and ch. DCF 202 in a particular county or tribal area.
AB677,19 20Section 19. DCF 202.01 (2) of the administrative code is amended to read:
AB677,8,2521 DCF 202.01 (2) Applicability. This chapter applies to county and tribal
22certification agencies and to all providers of child care who receive reimbursement
23with state or federal child care funds and who are not required to be licensed under
24s. 48.65, Stats., including providers of child care for 1 to 3 children, providers of child
25care for a child in the child's home, and providers of child care for school-age children.
AB677,20
1Section 20. DCF 202.02 (1) of the administrative code is repealed.
AB677,21 2Section 21. DCF 202.02 (1s) of the administrative code is created to read:
AB677,9,73 DCF 202.02 (1s) "Certification agency" means the department in a county
4having a population of 750,000 or more, a county department of social services
5established under s. 46.22, Stats., a county department of human services
6established under s. 46.23, Stats., a tribal agency, or any agency that contracts with
7any of those entities to certify child care operators under s. 48.651, Stats.
AB677,22 8Section 22. DCF 202.02 (2) of the administrative code is amended to read:
AB677,9,129 DCF 202.02 (2) "Certified child care home" or "home" means the residence in
10which the certified child care operator provides care of children and which meets the
11standards under s. DCF 202.08 for reimbursement of care by county or tribal
12certification agencies.
AB677,23 13Section 23. DCF 202.02 (3h) of the administrative code is amended to read:
AB677,9,1714 DCF 202.02 (3h) "Child care certification worker" means a person employed
15by a county, a governing body of a federally-recognized American Indian tribe, or
16an agency under contract with a county or tribe whose duties include determination
17of eligibility for child care certification.
AB677,24 18Section 24. DCF 202.02 (4) of the administrative code is repealed.
AB677,25 19Section 25. DCF 202.04 (3) (a) of the administrative code is amended to read:
AB677,9,2320 DCF 202.04 (3) (a) Form. Application for certification shall be made on a form
21available from the county or tribal certification agency in the county or tribal
22territory where the child care is provided. The applicant shall submit the completed
23form to that county or tribal certification agency.
AB677,26 24Section 26. DCF 202.04 (3) (d) of the administrative code is amended to read:
AB677,10,2
1DCF 202.04 (3) (d) Compliance with standards and certification. The county
2or tribal
certification agency shall process all certification applications as follows:
AB677,10,53 1. If the application is for certification under sub. (2) (a), the county or tribal
4certification agency shall review the application for compliance with standards
5under s. DCF 202.08 prior to issuing a certificate.
AB677,10,116 2. If the application is for certification under sub. (2) (b), the county or tribal
7certification agency shall refer the application to a licensing representative in the
8department regional office. The licensing representative shall determine whether
9the applicant is in compliance with all standards under s. DCF 202.09 and report
10back to the county or tribal certification agency. The county or tribal certification
11agency may issue a certificate based on the licensing representative's report.
AB677,27 12Section 27. DCF 202.04 (3) (e) (intro.) of the administrative code is amended
13to read:
AB677,10,2014 DCF 202.04 (3) (e) Approval. (intro.) Within 60 days after receiving a
15completed application for certification or recertification and satisfactory
16investigation and determination that the applicant is fit, the county or tribal
17certification agency shall either approve the application and issue a certificate or
18deny the application. Fit "Fit" means the applicant displays the capacity to
19successfully nurture and care for children and includes consideration of any of the
20following:
AB677,28 21Section 28. DCF 202.04 (3) (f) of the administrative code is amended to read:
AB677,10,2422 DCF 202.04 (3) (f) The county or tribal certification agency may backdate a
23certificate of approval to the date that the county or tribal certification agency
24received the applicant's completed application for certification.
AB677,29 25Section 29. DCF 202.04 (4) (a) of the administrative code is amended to read:
AB677,11,5
1DCF 202.04 (4) (a) A county or tribal certification agency may charge a fee for
2family child care certification not to exceed 150 percent of the licensing fee for a
3family child care center that provides care and supervision for 4 to 8 children, under
4s. 48.65 (3) (a), Stats., plus the costs of criminal record checks required under s.
548.685, Stats.
AB677,30 6Section 30. DCF 202.04 (4) (b) of the administrative code is amended to read:
AB677,11,107 DCF 202.04 (4) (b) The county or tribal certification agency may charge a fee
8for school-age child care certification not to exceed the licensing fee for a group child
9care center that provides care and supervision for 9 or more children under s. 48.65
10(3) (a), Stats., plus the costs of criminal record checks required under s. 48.685, Stats.
AB677,31 11Section 31. DCF 202.04 (5) (intro.) of the administrative code is amended to
12read:
AB677,11,1513 DCF 202.04 (5) Categories of family certification. (intro.) Certification of
14 a provider an operator by a county or tribal certification agency shall be Level I
15(regular) or Level II (provisional) as follows:
AB677,32 16Section 32. DCF 202.04 (6) (a) of the administrative code is amended to read:
AB677,11,1917 DCF 202.04 (6) (a) The county or tribal certification agency responsible for
18certification of a provider an operator shall be determined by the geographic area
19in which the child care is provided.
AB677,33 20Section 33. DCF 202.04 (6) (b) of the administrative code is amended to read:
AB677,11,2321 DCF 202.04 (6) (b) Certification issued to a provider an operator by a county
22or tribal
certification agency shall be accepted as valid by all other agencies
23authorized to certify providers.
AB677,34 24Section 34. DCF 202.04 (6) (c) of the administrative code is amended to read:
AB677,12,3
1DCF 202.04 (6) (c) The county or tribal certification agency shall ensure that
2each new day care certification worker completes the department-approved
3certification training during the first 6 months of employment.
AB677,35 4Section 35. DCF 202.04 (7) (a) of the administrative code is amended to read:
AB677,12,75 DCF 202.04 (7) (a) Qualifications of certified child care operators. County and
6tribal
Certification agencies shall maintain records demonstrating child care
7operator compliance with s. DCF 202.08 (1).
AB677,36 8Section 36. DCF 202.04 (7) (b) 1. of the administrative code is amended to read:
AB677,12,119 DCF 202.04 (7) (b) 1. `General.' County and tribal Certification agencies shall
10help assure operator compliance with s. DCF 202.08 (2) to (12) in accordance with
11this section.
AB677,37 12Section 37. DCF 202.04 (7) (b) 2. (intro.) of the administrative code is amended
13to read:
AB677,12,1514 DCF 202.04 (7) (b) 2. `Required procedures.' (intro.) A county or tribal
15certification agency shall:
AB677,38 16Section 38. DCF 202.04 (7) (b) 3. (intro.) of the administrative code is amended
17to read:
AB677,12,1918 DCF 202.04 (7) (b) 3. `Optional procedures.' (intro.) A county or tribal
19certification agency may:
AB677,39 20Section 39. DCF 202.04 (7) (b) 3. e. of the administrative code is amended to
21read:
AB677,13,322 DCF 202.04 (7) (b) 3. e. Require an evaluation and written statement by a
23physician or licensed mental health professional of any person associated with the
24care of children or any household resident if the county or tribal certification agency
25has reason to believe that the person's physical or mental health may endanger

1children in care. The county or tribal certification agency shall document what
2reason it has to believe that the person's physical or mental health may endanger
3children in care.
AB677,40 4Section 40. DCF 202.04 (8) of the administrative code is amended to read:
AB677,13,95 DCF 202.04 (8) Exceptions to particular certification requirements. A
6county or tribal certification agency may grant an exception to any standard in s.
7DCF 202.08 or 202.09 if the county or tribal certification agency determines that an
8alternative means meets the intent of the requirement, except for rules related to
9criminal background investigation required under s. 48.685, Stats.
AB677,41 10Section 41. DCF 202.04 (9) of the administrative code is amended to read:
AB677,13,1611 DCF 202.04 (9) Certification decision after background review. The county
12or tribal
certification agency shall conduct background reviews in accordance with
13s. 48.685, Stats. For guidance in resolving issues that arise in particular cases, the
14county or tribal certification agency shall follow ch. DHS 12, and the crimes table
15incorporated into ch. DHS 12, and shall apply the standards that apply to licensed
16child care facilities.
AB677,42 17Section 42. DCF 202.05 (1) of the administrative code is amended to read:
AB677,14,318 DCF 202.05 (1) The county or tribal certification agency shall follow the
19requirements for criminal history and child abuse record search that are contained
20in s. 48.685, Stats., and ch. DHS 12, and the crimes table incorporated into ch. DHS
2112, and shall apply the standards that apply to licensed child care facilities, except
22the county or tribal certification agency shall require any prospective or current
23employee, contractor under the control of the certified child care operator, volunteer,
24or non-client resident to submit the completed background information form to the
25county or tribal certification agency prior to initial certification and recertification.

1In applying the provisions relating to rehabilitation decisions, all decisions and
2review procedures shall be made and conducted by the county or tribal certification
3agency.
AB677,43 4Section 43. DCF 202.05 (2) of the administrative code is amended to read:
AB677,14,125 DCF 202.05 (2) Each county or tribal certification agency shall maintain its
6records concerning each person whose certificate is denied, revoked, or not renewed
7for a reason specified in s. 48.685 (4m) (a) 1. to 5., Stats. The county or tribal
8certification agency shall report this information to the department's bureau of early
9childhood education. The county or tribal certification agency shall immediately
10report the receipt of an application for rehabilitation review and the results of each
11rehabilitation review to the office of legal counsel of the department of health
12services.
AB677,44 13Section 44. DCF 202.06 (1) (intro.) of the administrative code is amended to
14read:
AB677,14,1615 DCF 202.06 (1) (intro.) The county or tribal certification agency may deny,
16suspend, revoke, or refuse to renew certification if any of the following apply:
AB677,45 17Section 45. DCF 202.06 (1) (c) of the administrative code is amended to read:
AB677,14,1918 DCF 202.06 (1) (c) The county or tribal certification agency determines there
19is danger to the health, safety, or welfare of the children in care.
AB677,46 20Section 46. DCF 202.06 (1) (e) of the administrative code is amended to read:
AB677,14,2221 DCF 202.06 (1) (e) The child care operator fails to cooperate with the certifying
22certification agency.
AB677,47 23Section 47. DCF 202.06 (1) (j) of the administrative code is amended to read:
AB677,15,3
1202.06 (1) (j) The evaluation under s. DCF 202.04 (7) (b) 3. e. gives the county
2or tribal
certification agency reasonable concern that the person's physical or mental
3health may endanger children in care.
AB677,48 4Section 48. DCF 202.06 (2) of the administrative code is amended to read:
AB677,15,105 DCF 202.06 (2) The county or tribal certification agency shall require a child
6care operator to submit a new application for certification if the operator's previous
7certification was denied, revoked, or not renewed for a reason in s. DCF 202.05 or
8202.06 (1). The county or tribal certification agency may refuse to accept a new
9application for 2 years after the date of the denial, revocation, or refusal to renew the
10certification.
AB677,49 11Section 49. DCF 202.06 (4) of the administrative code is amended to read:
AB677,15,2212 DCF 202.06 (4) If a county or tribal certification agency denies, suspends,
13revokes, or refuses to renew a certification, the county or tribal certification agency
14shall notify the child care operator in writing and give reasons for the action. The
15action is reviewable pursuant to of a county department of social services established
16under s. 46.22, Stats., or a county department of human services established under
17s. 46.23, Stats., may be appealed under
ch. 68, Stats., which provides for
18administrative review of the decisions of local agencies. Tribal agencies shall use an
19appeal process equivalent to the process in ch. 68, Stats. In a county with a
20population of 750,000 or more, a certification agency's action may be appealed under
21ch. 227, Stats., which provides for administrative review of the decisions of state
22agencies
.
AB677,50 23Section 50. DCF 202.065 (intro.) of the administrative code is amended to
24read:
AB677,16,4
1DCF 202.065 Sanctions. (intro.) If a certified child care operator violates the
2provisions of this chapter, s. 48.685, Stats., or ch. DHS 12, the county or tribal
3certification agency shall require the operator to submit a plan of correction for
4violation in writing and may impose any or all of the following sanctions.
AB677,51 5Section 51. DCF 202.065 (3) of the administrative code is amended to read:
AB677,16,86 DCF 202.065 (3) Suspend the operator's certification for not more than 60 days.
7The certification agency shall either reinstate or revoke the certification by the date
8that the suspension expires.
AB677,52 9Section 52. DCF 202.07 of the administrative code is amended to read:
AB677,16,12 10DCF 202.07 Complaints. Within 10 working days after a county or tribal
11certification agency receives a complaint about a certified child care operator, the
12county or tribal certification agency shall investigate that complaint.
AB677,53 13Section 53. DCF 202.08 (1) (a) 3. of the administrative code is amended to read:
AB677,16,2214 DCF 202.08 (1) (a) 3. Each family and in-home child care operator shall
15demonstrate that he or she is free from tuberculosis prior to initial certification and
16recertification. The
. Each family and in-home child care provider shall demonstrate
17that he or she is free from tuberculosis prior to the date the provider begins working
18with children. For a child care operator, including a child care provider who is also
19a child care operator, the
agency may accept results of a test administered up to 12
20months before the application date. For a child care provider who is not also a child
21care operator, the agency may accept the results of a test administered up to 12
22months before the date a provider began working with children.
AB677,54 23Section 54. DCF 202.08 (1) (b) 2. b. of the administrative code is amended to
24read:
AB677,17,3
1DCF 202.08 (1) (b) 2. b. A county or tribal certification agency may require up
2to 5 hours of annual continuing education by a Level I (regular) certified provider
3operator each year following Level I (regular) certification.
AB677,55 4Section 55. DCF 202.08 (1) (b) 2. c. of the administrative code is amended to
5read:
AB677,17,96 DCF 202.08 (1) (b) 2. c. Prior to issuing a Level I (regular) certification, the
7county or tribal certification agency may require that an applicant has graduated
8from high school, obtained a high school equivalency diploma under s. 115.29 (4),
9Stats., or obtained a certificate of general education development under s. PI 5.04.
AB677,56 10Section 56. DCF 202.08 (1) (c) (intro.) of the administrative code is amended
11to read:
AB677,17,1612 DCF 202.08 (1) (c) Reporting changes. (intro.) A certified family child care
13operator shall report to the certification agency as soon as possible, but no later than
14the county or tribal certification agency's next working day, to the agency any
15changes that affect the certified family child care operator's eligibility for
16certification under this chapter, including the following:
AB677,57 17Section 57. DCF 202.08 (1) (d) of the administrative code is amended to read:
AB677,18,218 DCF 202.08 (1) (d) Substitutes, employees, and volunteers. A substitute,
19employee, or volunteer for a Level I or II child care operator shall be approved by the
20county or tribal certification agency before employment or volunteer work
21commences. The county or tribal certification agency shall approve the substitute,
22employee, or volunteer if the agency has verification that the substitute, employee,
23or volunteer has met the standards under s. DCF 202.05, regarding the criminal
24history and child abuse record search, and has completed the training on sudden

1infant death syndrome and shaken baby syndrome and impacted babies required
2under par. (b) 1.
AB677,58 3Section 58. DCF 202.08 (1) (e) 3. of the administrative code is amended to read:
AB677,18,54 DCF 202.08 (1) (e) 3. Ensure that all information provided to the county or
5tribal
certification agency is current and accurate.
AB677,59 6Section 59. DCF 202.08 (2) (a) 2m. of the administrative code is repealed.
AB677,60 7Section 60. DCF 202.08 (2) (g) of the administrative code is amended to read:
AB677,18,138 DCF 202.08 (2) (g) The home shall have at least one telephone in working order
9with a list of emergency numbers posted by each telephone, including numbers for
10the rescue squad, police, fire station, emergency medical care, child protective
11services agency,
and poison control center. The certifying certification agency may
12prohibit the use of a cellular phone as a primary phone. If a cellular phone is used
13as a primary phone, it shall be operational during the hours of child care.
AB677,61 14Section 61. DCF 202.08 (2) (o) of the administrative code is amended to read:
AB677,18,1715 DCF 202.08 (2) (o) If the child care is provided in a rental property, the provider
16operator shall obtain permission from his or her the landlord to operate a child care
17business.
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