2009 WISCONSIN ACT
185
An Act
to repeal
48.982 (1) (c) and 48.983 (1) (g);
to renumber
48.981 (1) (d) and 49.137 (1) (a);
to renumber and amend
49.136 (1) (d), 49.136 (1) (e), 49.137 (1) (b), 49.137 (1) (d), 101.123 (1) (ad) and 253.15 (4);
to amend
13.48 (2) (j), 13.83 (4) (a) 4., 16.85 (1), 20.437 (2) (jn), 36.25 (26), 48.195 (2) (a), 48.195 (2) (b), 48.195 (2) (c), 48.32 (1) (b) 1. c., 48.33 (4) (c), 48.335 (3g) (c), 48.345 (2m), 48.355 (2) (b) 6., 48.355 (2c) (a) 3. c., 48.356 (1), 48.365 (2g) (b) 2., 48.365 (2m) (a) 1., 48.38 (5) (c) 7., 48.47 (7) (cm), 48.48 (10), subchapter XV (title) of chapter 48 [precedes 48.65], 48.65 (title), 48.65 (1), 48.65 (3) (a), 48.65 (3) (b), 48.651 (title), 48.651 (1) (intro.), 48.651 (1) (a), 48.651 (1) (b), 48.651 (2), 48.653, 48.655, 48.656, 48.657 (title), 48.657 (1) (intro.), 48.657 (1) (a), 48.657 (1) (b), 48.657 (1) (c), 48.657 (2), 48.657 (2g), 48.657 (2m), 48.657 (2r), 48.657 (3), 48.658 (1) (a), subchapter XVI (title) of chapter 48 [precedes 48.66], 48.66 (1) (a), 48.66 (2), 48.66 (2m) (a) 1., 48.66 (2m) (b), 48.66 (5), 48.67 (intro.), 48.67 (1), 48.67 (2), 48.67 (3) (a), 48.685 (1) (b), 48.685 (2) (am) (intro.), 48.685 (2) (b) 4., 48.685 (3) (a), 48.685 (3) (b), 48.685 (4m) (a) (intro.), 48.685 (4m) (a) 1., 48.685 (4m) (ad), 48.685 (4m) (b) 1., 48.685 (5m), 48.685 (6) (a), 48.685 (6) (b) 1., 48.69, 48.715 (1), 48.715 (2) (a), 48.715 (4) (c), 48.715 (6), 48.715 (7), 48.73, 48.735, 48.737, 48.78 (1), 48.78 (2) (a), 48.981 (2) (a) 18., 48.981 (2) (a) 19., 49.136 (1) (j), 49.136 (1) (k), 49.136 (2) (b), 49.137 (1) (e), 49.155 (1) (am), 49.155 (1) (b), 49.155 (1d) (a), 49.155 (1d) (b), 49.155 (1g) (bc), 49.155 (4), 49.155 (6) (b), 49.155 (6) (c), 49.155 (6) (cm), 49.826 (2) (a) 1., 66.1017 (title), 66.1017 (1) (a), 66.1017 (2), 71.07 (2dd) (a) 1., 71.28 (1dd) (a) 1., 71.47 (1dd) (a) 1., 73.0301 (1) (d) 2., 77.54 (20n) (b), 101.123 (2) (a) 1r., 101.123 (2) (d) 2., 111.02 (6) (am), 115.812 (1), 115.817 (8), 118.51 (2), 120.125 (title), 120.125 (1), 120.125 (2) (a) (intro.), 120.125 (2) (a) 3., 120.125 (2) (a) 4., 120.125 (2) (b), 120.125 (2) (c), 120.125 (3) (a) (intro.), 120.125 (3) (a) 1., 120.125 (3) (a) 2., 120.125 (3) (a) 3., 120.125 (3) (b), 120.125 (4) (intro.), 120.125 (4) (a), 120.125 (4) (b), 120.125 (4) (c), 120.125 (4) (d), 120.125 (4) (e), 120.125 (4) (f), 120.125 (4) (g), 120.125 (4) (h), 120.13 (14), 120.13 (36), 121.54 (2) (am), 121.545 (2), 234.83 (3) (a) 2., 252.04 (2), 252.04 (3), 252.04 (4), 252.04 (5) (a), 252.04 (5) (b) 1., 252.04 (5) (b) 2., 252.04 (5) (b) 3., 252.04 (6), 252.21 (1), 253.15 (2), 253.15 (4) (title), 253.15 (7) (c), 254.162 (1) (c), 254.168 (4), 254.168 (5), 285.63 (10) (d) 5., 301.46 (4) (a) 2., 562.06 (3), 767.511 (1m) (e), 938.32 (1) (c) 1. c., 938.33 (4) (c), 938.335 (3g) (c), 938.34 (2) (b), 938.355 (2) (b) 6., 938.355 (2c) (a) 3. c., 938.356 (1), 938.365 (2g) (b) 2., 938.365 (2m) (a) 1., 938.38 (5) (c) 7. and 948.53 (1) (a); and
to repeal and recreate
48.66 (1) (a), 48.67 (intro.), 48.685 (1) (b), 48.685 (4m) (a) (intro.), 48.685 (4m) (ad), 48.685 (5m), 48.685 (6) (a) and 48.73 of the statutes;
relating to:
required judicial findings and orders when a child is placed outside the home, termination of parental rights warnings, mandatory child abuse or neglect reporters, the confidentiality of social services records, changing from day care to child care the term used to describe care and supervision for children for less than 24 hours a day, and renumbering the definition of neglect.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
13.48 (2) (j) of the statutes is amended to read:
13.48
(2)
(j) No later than the first day of the 7th month after the effective date of each biennial budget act, the director of the office of state employment relations shall report to the building commission, in writing, regarding the desirability of including plans for
day
child
care facility space in the plans for any construction or major remodeling project, enumerated in the state building program in the biennial budget act, for any state office building. Based upon the report of the director of the office of state employment relations, the building commission may direct that plans for
day
child
care facility space be included in the plans for that construction or major remodeling project.
Section
2
.
13.83 (4) (a) 4. of the statutes is amended to read:
13.83
(4)
(a) 4. Ways in which the results from the scientific study of attachment and brain development can be incorporated into public schools,
day
child
care centers, and homes.
Section
3
.
16.85 (1) of the statutes is amended to read:
16.85
(1)
To take charge of and supervise all engineering or architectural services or construction work
,
as defined in s. 16.87
,
performed by, or for, the state, or any department, board, institution, commission
,
or officer
thereof
of the state
, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09
,
and 36.11, except the engineering, architectural
,
and construction work of the department of transportation
,
and
the engineering service performed by the department of commerce, department of revenue, public service commission, department of health services
,
and other departments, boards
,
and commissions when the service is not related to the maintenance, and construction and planning
,
of the physical properties of the state. The department
shall
may
not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a
day
child
care center primarily for use by children of state employees.
20.437
(2)
(jn)
Child care licensing and certification activities.
All moneys received from licensing activities under s. 48.65, from certifying activities under s. 48.651, and from fees under ss. 48.65 (3) and 48.651 (2) for the costs of licensing
day
child
care centers under s. 48.65 and of certifying
day
child
care providers under s. 48.651.
Section
5
.
36.25 (26) of the statutes is amended to read:
36.25
(26)
Day
Child
care centers.
A college campus may establish a
day
child
care center and may use funds received from the appropriation under s. 20.285 (1) (a) to operate it.
Section
6
.
48.195 (2) (a) of the statutes is amended to read:
48.195
(2)
(a) Except as provided in this paragraph, a parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment have the right to remain anonymous. The exercise of that right shall not affect the manner in which a law enforcement officer, emergency medical technician, or hospital staff member performs his or her duties under this section. No person may induce or coerce or attempt to induce or coerce a parent or person assisting a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect
, as defined in s. 48.981 (1) (d),
or that the person assisting the parent is coercing the parent into relinquishing custody of the child.
Section
7
.
48.195 (2) (b) of the statutes is amended to read:
48.195
(2)
(b) A parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment may leave the presence of the law enforcement officer, emergency medical technician, or hospital staff member who took custody of the child at any time, and no person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect
, as defined in s. 48.981 (1) (d),
or that the person assisting the parent has coerced the parent into relinquishing custody of the child.
Section
8
.
48.195 (2) (c) of the statutes is amended to read:
48.195
(2)
(c) No officer, employee, or agent of this state or of a political subdivision of this state may attempt to locate or ascertain the identity of a parent who relinquishes custody of a child under sub. (1) or any person who assists the parent in that relinquishment, unless the officer, employee, or agent has reasonable cause to suspect that the child has been the victim of abuse or neglect
, as defined in s. 48.981 (1) (d),
or that the person assisting the parent has coerced the parent into relinquishing custody of the child.
Section
9
.
48.32 (1) (b) 1. c. of the statutes is amended to read:
48.32
(1)
(b) 1. c. A finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan
, unless return of the child to the home is the goal of the permanency plan and the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
Section
10
.
48.33 (4) (c) of the statutes is amended to read:
48.33
(4)
(c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and specific information showing that the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan
, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
Section
11
.
48.335 (3g) (c) of the statutes is amended to read:
48.335
(3g)
(c) That the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan
, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
Section
12
.
48.345 (2m) of the statutes is amended to read:
48.345
(2m)
Place the child in the child's home under the supervision of an agency or the department, if the department approves, and order the agency or department to provide specified services to the child and the child's family, which may include
but are not limited to
individual, family
,
or
,
group counseling, homemaker or parent aide services, respite care, housing assistance,
day
child
care
,
parent skills training
,
or prenatal development training or education.
Section
13
.
48.355 (2) (b) 6. of the statutes is amended to read:
48.355
(2)
(b) 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan
, unless return of the child to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies
. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
Section
14
.
48.355 (2c) (a) 3. c. of the statutes is amended to read:
48.355
(2c)
(a) 3. c. Community support services, such as
day
child
care, parent skills training, housing assistance, employment training
,
and emergency mental health services.
Section
15
.
48.356 (1) of the statutes is amended to read:
48.356
(1)
Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home
,
or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363
,
or 48.365
and whenever the court reviews a permanency plan under s. 48.38 (5m)
, the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.
Section
16
.
48.365 (2g) (b) 2. of the statutes is amended to read:
48.365
(2g)
(b) 2. An evaluation of the child's adjustment to the placement and of any progress the child has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the child's placement
, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
Section
17
.
48.365 (2m) (a) 1. of the statutes is amended to read:
48.365
(2m)
(a) 1. Any party may present evidence relevant to the issue of extension. If the child is placed outside of his or her home, the person or agency primarily responsible for providing services to the child shall present as evidence specific information showing that the
person or
agency has made reasonable efforts to achieve the goal of the child's permanency plan
, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
. The judge shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the
person or
agency primarily responsible for providing services to the child to achieve the goal of the child's permanency plan
, unless return of the child to the home is the goal of the permanency plan and the judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
. An order shall be issued under s. 48.355.
Section
18
.
48.38 (5) (c) 7. of the statutes is amended to read:
48.38
(5)
(c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan
, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
Section
19
.
48.47 (7) (cm) of the statutes is amended to read:
48.47
(7)
(cm) Promote the establishment of adequate child care facilities and services in this state by providing start-up grants to newly operating
day
child
care facilities and services under rules promulgated by the department.
Section
20
.
48.48 (10) of the statutes is amended to read:
48.48
(10)
To license child welfare agencies and
day
child
care centers as provided in s. 48.66 (1) (a).
Section
21
.
Subchapter XV (title) of chapter 48 [precedes 48.65] of the statutes is amended to read:
chapter 48
Subchapter xv
Day
Child
care providers
Section
22
.
48.65 (title) of the statutes is amended to read:
48.65
(title)
Day
Child
care centers licensed; fees.
Section
23
.
48.65 (1) of the statutes is amended to read:
48.65
(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
day
child
care center from the department. To obtain a license under this subsection to operate a
day
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. 48.685
,
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
(3)
(a) Before the department may issue a license under sub. (1) to a
day
child
care center that provides care and supervision for 4 to 8 children, the
day
child
care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a
day
child
care center that provides care and supervision for 9 or more children, the
day
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
day
child
care center is licensed to serve. A
day
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
day
child
care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the
day
child
care center.
Section
25
.
48.65 (3) (b) of the statutes is amended to read:
48.65
(3)
(b) A
day
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
day
child
care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the
day
child
care center shall pay an additional fee of $5 per day for every day after the deadline that the
group home
child care center
fails to pay the fee.
Section
26
.
48.651 (title) of the statutes is amended to read:
48.651
(title)
Certification of
day
child
care providers.
Section
27
.
48.651 (1) (intro.) of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
48.651
(1)
(intro.) No person, other than a
day
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
day
child
care providers:
48.651
(1)
(a) Level I certified family
day
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
he or she
the provider
provides care.
Section
29
.
48.651 (1) (b) of the statutes is amended to read:
48.651
(1)
(b) Level II certified family
day
child
care providers, as established by the department under s. 49.155 (1d).
48.651
(2)
The department in a county having a population of 500,000 or more or a county department shall certify
day
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
day
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
day
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
day
child
care providers.
Section
31
.
48.653 of the statutes is amended to read:
48.653
Information for
day
child
care providers.
The department shall provide each
day
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
day
child
care providers. Each county agency shall provide each
day
child
care provider that it certifies with a copy of the brochure.
Section
32
.
48.655 of the statutes is amended to read:
48.655
Parental access.
A
day
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.
Section
33
.
48.656 of the statutes is amended to read:
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
day
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
day
child
care center that would aid the parent, guardian
,
or legal custodian in assessing the quality of care and supervision provided by the
day
child
care center.
Section
34
.
48.657 (title) of the statutes is amended to read:
48.657
(title)
Day
Child
care center reports.
Section
35
.
48.657 (1) (intro.) of the statutes is amended to read:
48.657
(1)
(intro.) The department shall provide each
day
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) 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
day
child
care center. In providing information under this paragraph, the department may not disclose the identity of any employee of the
day
child
care center.
48.657
(1)
(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
day
child
care center.
Section
38
.
48.657 (1) (c) of the statutes is amended to read:
48.657
(1)
(c) The results of the most recent inspection of the
day
child
care center under s. 48.73.
Section
39
.
48.657 (2) of the statutes is amended to read:
48.657
(2)
A
day
child
care center shall post the report under sub. (1) next to the
day
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
day
child
care center's hours of operation.
48.657
(2g)
If the report under sub. (1) indicates that the
day
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
day
child
care center shall post with the report any notices received from the department relating to that violation.
48.657
(2m)
The department shall make available on the department's Internet site, as part of the department's licensed
day
child
care center search database, a specific description of any violation described in sub. (1) and a description of any steps taken by the
day
child
care center to correct the violation.
Section
42
.
48.657 (2r) of the statutes is amended to read:
48.657
(2r)
Each
day
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
day
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
day
child
care center may withhold any information that would disclose the identity of an employee of the
day
child
care center.
Section
43
.
48.657 (3) of the statutes is amended to read:
48.657
(3)
The department may require a
day
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
(1)
(a) "Child care provider" means a
day
child
care center that is licensed under s. 48.65 (1), a
day
child
care provider that is certified under s. 48.651, or a
day
child
care program that is established or contracted for under s. 120.13 (14).
Section
45
.
Subchapter XVI (title) of chapter 48 [precedes 48.66] of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
chapter 48
Subchapter xvi
Licensing procedures and
requirements for child welfare
agencies, foster homes,
group homes,
day
child
care
centers
,
and county departments
Section
46
.
48.66 (1) (a) of the statutes is amended to read:
48.66
(1)
(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
day
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
day
child
care centers and visit the premises of all foster homes and treatment foster homes in which children are placed.
Section
47
.
48.66 (1) (a) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.66
(1)
(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.
Section
48
.
48.66 (2) of the statutes is amended to read:
48.66
(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
day
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
day
child
care center who are not individuals be provided.
Section
49
.
48.66 (2m) (a) 1. of the statutes is amended to read:
48.66
(2m)
(a) 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
day
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
day
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.
Section
50
.
48.66 (2m) (b) of the statutes is amended to read:
48.66
(2m)
(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
day
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.
Section
51
.
48.66 (5) of the statutes is amended to read:
48.66
(5)
A child welfare agency, group home,
day
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).
Section
52
.
48.67 (intro.) of the statutes is amended to read:
48.67
Rules governing child welfare agencies,
day
child
care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments.
(intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies,
day
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:
Section
53
.
48.67 (intro.) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.67
Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments.
(intro.) 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:
Section
54
.
48.67 (1) of the statutes is amended to read:
48.67
(1)
That all
day
child
care center licensees, and all employees and volunteers of a
day
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.
Section
55
.
48.67 (2) of the statutes is amended to read:
48.67
(2)
That all
day
child
care center licensees, and all employees and volunteers of a
day
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)
.
Section
56
.
48.67 (3) (a) of the statutes is amended to read:
48.67
(3)
(a) That all
day
child
care center licensees, and all employees of a
day
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.
146.50
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.
Section
57
.
48.685 (1) (b) of the statutes is amended to read:
48.685
(1)
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption
,
or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a
day
child
care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
Section
58
.
48.685 (1) (b) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.685
(1)
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
Section
59
.
48.685 (2) (am) (intro.) of the statutes is amended to read:
48.685
(2)
(am) (intro.) The department, a county department, a child welfare agency
,
or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity
,
and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
day
child
care provider that is certified under s. 48.651:
Section
60
.
48.685 (2) (b) 4. of the statutes is amended to read:
48.685
(2)
(b) 4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is a caregiver or nonclient resident of a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
day
child
care provider that is certified under s. 48.651 and with respect to whom the department, a county department
,
or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.
Section
61
.
48.685 (3) (a) of the statutes is amended to read:
48.685
(3)
(a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, or a school board considers appropriate, the department, county department, child welfare agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. for all caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of such a caregiver, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a
day
child
care provider that is certified under s. 48.651.
Section
62
.
48.685 (3) (b) of the statutes is amended to read:
48.685
(3)
(b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the entity other than persons under 18 years of age, but not under 12 years of age, who are caregivers of a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
day
child
care provider that is certified under s. 48.651.
48.685
(4m)
(a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a
day
child
care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:
Section
64
.
48.685 (4m) (a) (intro.) of the statutes, as affected by
2009 Wisconsin Act 28
, section
1072d
, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
48.685
(4m)
(a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a child care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:
Section
65
.
48.685 (4m) (a) 1. of the statutes is amended to read:
48.685
(4m)
(a) 1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a
day
child
care center or for initial certification under s. 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under s. 120.13 (14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
48.685
(4m)
(ad) The department, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a
day
child
care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.
Section
67
.
48.685 (4m) (ad) of the statutes, as affected by
2009 Wisconsin Acts 28
, section
1074d
, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
48.685
(4m)
(ad) The department, a county department, or a child welfare agency may license a foster home under s. 48.62, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.
Section
68
.
48.685 (4m) (b) 1. of the statutes is amended to read:
48.685
(4m)
(b) 1. That the person has been convicted of a serious crime or, if the person is a caregiver or nonclient resident of a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
day
child
care provider that is certified under s. 48.651, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
48.685
(5m)
Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a
day
child
care center, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may refuse to certify a
day
child
care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), and a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a
day
child
care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the
day
child
care center or
day
child
care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board,
day
child
care center, or
day
child
care provider, substantially related to the care of a client.
Section
70
.
48.685 (5m) of the statutes, as affected by
2009 Wisconsin Act 28
, section
1078d
, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
48.685
(5m)
Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a child care center, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may refuse to certify a child care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a child care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the child care center or child care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board, child care center, or child care provider, substantially related to the care of a client.
48.685
(6)
(a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any
day
child
care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
Section
72
.
48.685 (6) (a) of the statutes, as affected by
2009 Wisconsin Act 28
, section
1080d
, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
48.685
(6)
(a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any child care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
Section
73
.
48.685 (6) (b) 1. of the statutes is amended to read:
48.685
(6)
(b) 1. For caregivers who are licensed by the department, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a
day
child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a
day
child
care provider that is certified under s. 48.651, for persons who are nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.
Section
74
.
48.69 of the statutes is amended to read:
48.69
Probationary licenses.
Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home
,
or
day
child
care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67
,
and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home
,
or
day
child
care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home
,
or
day
child
care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home
,
or
day
child
care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.
Section
75
.
48.715 (1) of the statutes is amended to read:
48.715
(1)
In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home
,
or
day
child
care center.
Section
76
.
48.715 (2) (a) of the statutes is amended to read:
48.715
(2)
(a) That a person stop operating a child welfare agency, shelter care facility, group home
,
or
day
child
care center if the child welfare agency, shelter care facility, group home
,
or
day
child
care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.
Section
77
.
48.715 (4) (c) of the statutes is amended to read:
48.715
(4)
(c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, group home
,
or
day
child
care center that directly threatens the health, safety
,
or welfare of any child under the care of the licensee.
Section
78
.
48.715 (6) of the statutes is amended to read:
48.715
(6)
The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility, or
day
child
care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured residential care center for children and youth, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.
Section
79
.
48.715 (7) of the statutes is amended to read:
48.715
(7)
The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility
,
or
day
child
care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.
Section
80
.
48.73 of the statutes is amended to read:
48.73
Inspection of licensees.
The department may visit and inspect each child welfare agency, foster home, treatment foster home, group home
,
and
day
child
care center licensed by it, and for such purpose shall be given unrestricted access to the premises described in the license.
Section
81
.
48.73 of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
48.73
Inspection of licensees.
The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department, and for that purpose shall be given unrestricted access to the premises described in the license.
Section
82
.
48.735 of the statutes is amended to read:
48.735
Immunization requirements;
day
child
care centers.
The department, after notice to a
day
child
care center licensee, may suspend, revoke
,
or refuse to continue a
day
child
care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.
Section
83
.
48.737 of the statutes is amended to read:
48.737
Lead screening, inspection and reduction requirements;
day
child
care centers.
The department, after notice to a
day
child
care provider certified under s. 48.651, or a
day
child
care center that holds a license under s. 48.65 or a probationary license under s. 48.69, may suspend, revoke
,
or refuse to renew or continue a license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168
,
or 254.172.
Section
84
.
48.78 (1) of the statutes is amended to read:
48.78
(1)
In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, or a licensed
day
child
care center.
Section
85
.
48.78 (2) (a) of the statutes is amended to read:
48.78
(2)
(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual
who is or was
in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.
Section
86
.
48.981 (1) (d) of the statutes is renumbered 48.02 (12g).
Section
87
.
48.981 (2) (a) 18. of the statutes is amended to read:
48.981
(2)
(a) 18. A
child-care
child care
worker in a
day
child
care center, group home,
as described in s. 48.625 (1m),
or residential care center for children and youth.
Section
88
.
48.981 (2) (a) 19. of the statutes is amended to read:
48.981
(2)
(a) 19. A
day
child
care provider.
Section
89
.
48.982 (1) (c) of the statutes is repealed.
Section
90
.
48.983 (1) (g) of the statutes is repealed.
Section
91
.
49.136 (1) (d) of the statutes is renumbered 49.136 (1) (ad) and amended to read:
49.136
(1)
(ad) "
Day
Child
care center" means a facility operated by a child care provider that provides care and supervision for 4 or more children under 7 years of age for less than 24 hours a day.
Section
92
.
49.136 (1) (e) of the statutes is renumbered 49.136 (1) (am) and amended to read:
49.136
(1)
(am) "
Day
Child
care program" means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.
Section
93
.
49.136 (1) (j) of the statutes is amended to read:
49.136
(1)
(j) "Family
day
child
care center" means a
day
child
care center that provides care and supervision for not less than 4 nor more than 8 children.
Section
94
.
49.136 (1) (k) of the statutes is amended to read:
49.136
(1)
(k) "Group
day
child
care center" means a
day
child
care center that provides care and supervision for 9 or more children.
Section
95
.
49.136 (2) (b) of the statutes is amended to read:
49.136
(2)
(b) If the department awards grants under this section, the department shall attempt to award the grants to head start agencies designated under
42 USC 9836
, employers that provide or wish to provide child care services for their employees, family
day
child
care centers, group
day
child
care centers and
day
child
care programs for the children of student parents, organizations that provide child care for sick children, and child care providers that employ participants or former participants in a Wisconsin Works employment position under s. 49.147 (3) to (5).
Section
96
.
49.137 (1) (a) of the statutes is renumbered 49.137 (1) (am).
Section
97
.
49.137 (1) (b) of the statutes is renumbered 49.137 (1) (ab) and amended to read:
49.137
(1)
(ab) "
Day
Child
care center" has the meaning given in s. 49.136 (1)
(d)
(ad)
.
Section
98
.
49.137 (1) (d) of the statutes is renumbered 49.137 (1) (bd) and amended to read:
49.137
(1)
(bd) "Family
day
child
care center" has the meaning given in s. 49.136 (1) (j).
Section
99
.
49.137 (1) (e) of the statutes is amended to read:
49.137
(1)
(e) "Group
day
child
care center" has the meaning given in s. 49.136 (1) (k).
Section
100
.
49.155 (1) (am) of the statutes is amended to read:
49.155
(1)
(am) "Level I certified family
day
child
care provider" means a
day
child
care provider certified under s. 48.651 (1) (a).
Section
101
.
49.155 (1) (b) of the statutes is amended to read:
49.155
(1)
(b) "Level II certified family
day
child
care provider" means a
day
child
care provider certified under s. 48.651 (1) (b).
Section
102
.
49.155 (1d) (a) of the statutes is amended to read:
49.155
(1d)
(a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph 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, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the provider, employee, or volunteer provides care and supervision for children under one year of age, and the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4)
(b) or (c)
, if the provider, employee, or volunteer provides care and supervision for children under 5 years of age. In establishing the requirements for certification as a Level II certified family
day
child
care provider, the department may not include any other requirement for training for providers.
Section
103
.
49.155 (1d) (b) of the statutes is amended to read:
49.155
(1d)
(b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of
day
child
care centers by the
national association for the education of young children
National Association for the Education of Young Children
or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
Section
104
.
49.155 (1g) (bc) of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
49.155
(1g)
(bc) Grants under s. 49.134 (2) for child
day
care resource and referral services, in the amount of at least $1,298,600 per fiscal year.
Section
105
.
49.155 (4) of the statutes is amended to read:
49.155
(4)
Choice of provider.
An eligible individual shall choose whether the child care will be provided by a
day
child
care center licensed under s. 48.65, a Level I certified family
day
child
care provider, a Level II certified family
day
child
care provider
,
or a
day
child
care program provided or contracted for by a school board under s. 120.13 (14).
Section
106
.
49.155 (6) (b) of the statutes is amended to read:
49.155
(6)
(b) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level I certified family
day
child
care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).
Section
107
.
49.155 (6) (c) of the statutes is amended to read:
49.155
(6)
(c) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level II certified family
day
child
care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).
Section
108
.
49.155 (6) (cm) of the statutes is amended to read:
49.155
(6)
(cm) The department shall modify child care provider reimbursement rates established under pars. (a) to (c) so that reimbursement rates are lower for providers of after-school
day
child
care.
Section
109
.
49.826 (2) (a) 1. of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
49.826
(2)
(a) 1. Certify
day
child
care providers under s. 48.651.
Section
110
.
66.1017 (title) of the statutes is amended to read:
66.1017
(title)
Family
day
child
care homes.
Section
111
.
66.1017 (1) (a) of the statutes is amended to read:
66.1017
(1)
(a) "Family
day
child
care home" means a dwelling licensed as a
day
child
care center by the department of children and families under s. 48.65 where care is provided for not more than 8 children.
Section
112
.
66.1017 (2) of the statutes is amended to read:
66.1017
(2)
No municipality may prevent a family
day
child
care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family
day
child
care homes
that are
different from the licensing standards established under s. 48.65. This subsection does not prevent a municipality from applying to a family
day
child
care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
Section
113
.
71.07 (2dd) (a) 1. of the statutes is amended to read:
71.07
(2dd)
(a) 1. "Day care center benefits" means benefits provided at a
day
child
care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
Section
114
.
71.28 (1dd) (a) 1. of the statutes is amended to read:
71.28
(1dd)
(a) 1. "Day care center benefits" means benefits provided at a
day
child
care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
Section
115
.
71.47 (1dd) (a) 1. of the statutes is amended to read:
71.47
(1dd)
(a) 1. "Day care center benefits" means benefits provided at a
day
child
care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically incapable of caring for themselves.
Section
116
.
73.0301 (1) (d) 2. of the statutes is amended to read:
73.0301
(1)
(d) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or
day
child
care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).
Section
117
.
77.54 (20n) (b) of the statutes, as created by
2009 Wisconsin Act 2
, is amended to read:
77.54
(20n)
(b) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except soft drinks, sold by hospitals, sanatoriums, nursing homes, retirement homes, community-based residential facilities, as defined in s. 50.01 (1g), or
day
child
care centers
registered
licensed
under ch. 48, including prepared food that is sold to the elderly or handicapped by persons providing mobile meals on wheels. In this paragraph, "retirement home" means a nonprofit residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents.
Section
118
.
101.123 (1) (ad) of the statutes is renumbered 101.123 (1) (abm) and amended to read:
101.123
(1)
(abm) "
Day
Child
care center" has the meaning given in s. 49.136 (1)
(d)
(ad)
.
Section
119
.
101.123 (2) (a) 1r. of the statutes, as created by
2009 Wisconsin Act 12
, is amended to read:
101.123
(2)
(a) 1r.
Day
Child
care centers.
Section
120
.
101.123 (2) (d) 2. of the statutes, as affected by
2009 Wisconsin Act 12
, is amended to read:
101.123
(2)
(d) 2. Anywhere on the premises of a
day
child
care center when children who are receiving
day
child
care services are present.
111.02
(6)
(am) "Employee" includes a
day
child
care provider certified under s. 48.651 and a
day
child
care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the
day
child
care provider.
Section
122
.
115.812 (1) of the statutes is amended to read:
115.812
(1)
Placement disputes.
If a dispute arises between a local educational agency and the department of children and families, the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, or between local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in residential care centers
for children and youth
made under s. 115.81.
Section
123
.
115.817 (8) of the statutes is amended to read:
115.817
(8)
Transportation.
The board may promulgate a plan for the transportation at county expense of children who are receiving special education and related services under this section, special education and related services provided at
day
child
care centers
,
or special education and related services provided by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the state superintendent, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes ss. 115.88 and 121.54 (3).
Section
124
.
118.51 (2) of the statutes is amended to read:
118.51
(2)
Applicability.
A pupil may attend a public school, including a charter school, prekindergarten, or 4-year-old kindergarten, or early childhood or school-operated
day
child
care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated
day
child
care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.
Section
125
.
120.125 (title) of the statutes is amended to read:
120.125
(title)
Before- and after-school
day
child
care.
Section
126
.
120.125 (1) of the statutes is amended to read:
120.125
(1)
In this section, "before- and after-school
day
child
care program" means a program
which
that
provides
day
child
care services before school, after school
,
or both before and after school.
Section
127
.
120.125 (2) (a) (intro.) of the statutes is amended to read:
120.125
(2)
(a) (intro.) A school board shall permit a
day
child
care provider who has submitted a request which meets all of the requirements under sub. (3) to administer a before- and after-school
day
child
care program in any elementary school within the school district unless:
Section
128
.
120.125 (2) (a) 3. of the statutes is amended to read:
120.125
(2)
(a) 3. Before- and after-school
day
child
care programs exist in the elementary school;
Section
129
.
120.125 (2) (a) 4. of the statutes is amended to read:
120.125
(2)
(a) 4. The school board intends to provide before- and after-school
day
child
care services in the elementary school;
Section
130
.
120.125 (2) (b) of the statutes is amended to read:
120.125
(2)
(b) The school board may deny a request under par. (a) 6. if the school board intends to solicit
day
child
care providers to submit requests to provide before- and after-school
day
child
care programs in the elementary school for which a request under par. (a) was submitted. If a school board denies a request under this paragraph, the request submitted under par. (a) shall be considered along with requests that are submitted as a result of the school board solicitation.
Section
131
.
120.125 (2) (c) of the statutes is amended to read:
120.125
(2)
(c) If a school board denies a request under par. (a) or (b), the school board shall specify the reasons for denial, in writing, to the
day
child
care provider within 60 days after the date on which the request is received.
Section
132
.
120.125 (3) (a) (intro.) of the statutes is amended to read:
120.125
(3)
(a) (intro.) A request submitted to a school board under sub. (2) shall be in writing,
shall
name the elementary school in which the before- and after-school
day
child
care program is to be provided
,
and shall specify the amount of space needed, the number and ages of the pupils to be served
,
and the time the provider intends to operate the program. The request shall also contain all of the following assurances:
Section
133
.
120.125 (3) (a) 1. of the statutes is amended to read:
120.125
(3)
(a) 1. That the
day
child
care provider will be responsible for all actual incremental costs incurred by the school as a result of permitting the
day
child
care provider to provide a before- and after-school
day
child
care program in the school building.
Section
134
.
120.125 (3) (a) 2. of the statutes is amended to read:
120.125
(3)
(a) 2. That the
day
child
care provider will be liable to the school district for any damage to property in the operation of the before- and after-school
day
child
care program, that the
day
child
care provider shall hold the school district harmless from any liability, claim
,
or damages caused by the acts or omissions of the
day
child
care provider, and that the
day
child
care provider will acquire adequate insurance coverage, as determined by the school district.
Section
135
.
120.125 (3) (a) 3. of the statutes is amended to read:
120.125
(3)
(a) 3. That the
day
child
care provider will not provide religious instruction or permit religious practices to be conducted during the before- and after-school
day
child
care program.
Section
136
.
120.125 (3) (b) of the statutes is amended to read:
120.125
(3)
(b) A school board shall conditionally grant a request submitted by a
day
child
care provider if all the requirements under par. (a) are met and sub. (2) (a) 1. to 6. and (b) does not apply.
Section
137
.
120.125 (4) (intro.) of the statutes is amended to read:
120.125
(4)
(intro.) If a request under sub. (3) is conditionally accepted by the school board, the school board shall enter into a written agreement with the
day
child
care provider that specifies the hours during the day in which the
day
child
care provider is to occupy the school premises and the rooms, facilities
,
or equipment that are to be used by the
day
child
care provider. The agreement shall also provide all of the following:
Section
138
.
120.125 (4) (a) of the statutes is amended to read:
120.125
(4)
(a) Except as provided under s. 121.545 (2), that the school board is not responsible for providing transportation to or from the before- and after-school
day
child
care program.
Section
139
.
120.125 (4) (b) of the statutes is amended to read:
120.125
(4)
(b) That nothing in the agreement would prohibit the school board from permitting other
day
child
care providers to provide
day
child
care services to pupils in the same building during the same time and that nothing in the agreement would prohibit the school district from providing before- and after-school
day
child
care programs in the same building and during the same time in which the
day
child
care provider provides before- and after-school
day
child
care programs.
Section
140
.
120.125 (4) (c) of the statutes is amended to read:
120.125
(4)
(c) That the agreement may be terminated by the school board at the end of a school year if the school board intends to provide
day
child
care for the pupils in the elementary school or intends to solicit other
day
child
care providers to provide services during the following school year.
Section
141
.
120.125 (4) (d) of the statutes is amended to read:
120.125
(4)
(d) That the school board may review and terminate the agreement at any time, with 30 days' prior written notice to the
day
child
care provider, if any of the conditions in the agreement are violated by the
day
child
care provider.
Section
142
.
120.125 (4) (e) of the statutes is amended to read:
120.125
(4)
(e) That the
day
child
care provider shall be responsible for all actual costs incurred by the school district as a result of the agreement, the costs of which shall be paid to the school district at times specified by the school board in the agreement.
Section
143
.
120.125 (4) (f) of the statutes is amended to read:
120.125
(4)
(f) That the
day
child
care provider shall be liable to the school district for any damage to property in the operation of the before- and after-school
day
child
care program, that the
day
child
care provider shall hold the school district harmless from any liability, claim
,
or damages caused by the acts or omissions of the
day
child
care provider, and that the
day
child
care provider shall acquire adequate insurance, as determined by the school district, to be in effect beginning the first day on which the
day
child
care provider provides the before- and after-school
day
child
care program.
Section
144
.
120.125 (4) (g) of the statutes is amended to read:
120.125
(4)
(g) That the
day
child
care provider shall not provide religious instruction or permit religious practices to be conducted during the before- and after-school
day
child
care program.
Section
145
.
120.125 (4) (h) of the statutes is amended to read:
120.125
(4)
(h) That the
day
child
care provider shall meet the standards for licensed
day
child
care centers established by the department of children and families.
Section
146
.
120.13 (14) of the statutes is amended to read:
120.13
(14)
Day
Child
care programs.
Establish and provide or contract for the provision of
day
child
care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a
day
child
care program established under this subsection. Costs associated with a
day
child
care program under this subsection may not be included in shared costs under s. 121.07 (6).
Day
Child
care programs established under this subsection shall meet the standards for licensed
day
child
care centers established by the department of children and families. If a school board proposes to contract for or renew a contract for the provision of a
day
child
care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a
day
child
care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of children and families for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.
Section
147
.
120.13 (36) of the statutes is amended to read:
120.13
(36)
Prekindergarten and kindergarten program agreements.
Enter into an agreement with a licensed public or private nonsectarian
day
child
care center to lease space for prekindergarten or kindergarten programs offered by the school district or to place school district employees in
day
child
care centers to provide instruction in prekindergarten or kindergarten programs offered by the school district.
Section
148
.
121.54 (2) (am) of the statutes is amended to read:
121.54
(2)
(am) In lieu of transporting a pupil who is eligible for transportation under par. (a) to and from his or her residence, a school district may transport the pupil to or from, or both, a before- and after-school
day
child
care program under s. 120.125, a
day
child
care program under s. 120.13 (14)
,
or any other
day
child
care program, family
day
child
care home
,
or child care provider.
Section
149
.
121.545 (2) of the statutes is amended to read:
121.545
(2)
A school board may provide transportation for children residing in the school district whom the school district is not required to transport under s. 121.54 to or from, or both, a before- and after-school
day
child
care program under s. 120.125, a prekindergarten class under s. 120.13 (13), a
day
child
care program under s. 120.13 (14)
,
or any other
day
child
care program, family
day
child
care home, child care provider
,
or prekindergarten class. The school board may charge a fee for the cost of providing such transportation. The school board may waive the fee or any portion of the fee for any person who is unable to pay the fee. State aid shall not be provided for transportation under this subsection.
Section
150
.
234.83 (3) (a) 2. of the statutes is amended to read:
234.83
(3)
(a) 2. The start-up of a
day
child
care business, including the purchase or improvement of land, buildings, machinery, equipment, or inventory.
Section
151
.
252.04 (2) of the statutes is amended to read:
252.04
(2)
Any student admitted to any elementary, middle, junior
,
or senior high school or into any
day
child
care center or nursery school shall, within 30 school days
after the date on which the student is admitted
, present written evidence to the school,
day
child
care center
,
or nursery school of having completed the first immunization for each vaccine required for the student's grade and being on schedule for the remainder of the basic and recall (booster) immunization series for mumps, measles, rubella (German measles), diphtheria, pertussis (whooping cough), poliomyelitis, tetanus
,
and other diseases that the department specifies by rule or shall present a written waiver under sub. (3).
Section
152
.
252.04 (3) of the statutes is amended to read:
252.04
(3)
The immunization requirement is waived if the student, if an adult, or the student's parent, guardian
,
or legal custodian submits a written statement to the school,
day
child
care center
,
or nursery school objecting to the immunization for reasons of health, religion
,
or personal conviction. At the time any school,
day
child
care center
,
or nursery school notifies a student, parent, guardian
,
or legal custodian of the immunization requirements, it shall inform the person in writing of the person's right to a waiver under this subsection.
Section
153
.
252.04 (4) of the statutes is amended to read:
252.04
(4)
The student, if an adult, or the student's parent, guardian
,
or legal custodian shall keep the school,
day
child
care center
,
or nursery school informed of the student's compliance with the immunization schedule.
Section
154
.
252.04 (5) (a) of the statutes is amended to read:
252.04
(5)
(a) By the 15th and the 25th school day after the
date on which the
student is admitted to a school,
day
child
care center
,
or nursery school, the school,
day
child
care center
,
or nursery school shall notify in writing any adult student or the parent, guardian
,
or legal custodian of any minor student who has not met the immunization or waiver requirements of this section. The notices shall cite the terms of those requirements and shall state that court action and forfeiture penalty could result due to noncompliance. The notices shall also explain the reasons for the immunization requirements and include information on how and where to obtain the required immunizations.
Section
155
.
252.04 (5) (b) 1. of the statutes is amended to read:
252.04
(5)
(b) 1. A school,
day
child
care center
,
or nursery school may exclude from the school,
day
child
care center
,
or nursery school any student who fails to satisfy the requirements of sub. (2).
Section
156
.
252.04 (5) (b) 2. of the statutes is amended to read:
252.04
(5)
(b) 2. Beginning on July 1, 1993, if the department determines that fewer than 98% of the students in a
day
child
care center, nursery school
,
or school district who are subject to the requirements of sub. (2) have complied with sub. (2), the
day
child
care center or nursery school shall exclude any child who fails to satisfy the requirements of sub. (2) and the school district shall exclude any student enrolled in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).
Section
157
.
252.04 (5) (b) 3. of the statutes is amended to read:
252.04
(5)
(b) 3. Beginning on July 1, 1995, if the department determines that fewer than 99% of the students in a
day
child
care center, nursery school
,
or school district who are subject to the requirements of sub. (2) have complied with sub. (2), the
day
child
care center or nursery school shall exclude any child who fails to satisfy the requirements of sub. (2) and the school district shall exclude any student enrolled in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).
Section
158
.
252.04 (6) of the statutes is amended to read:
252.04
(6)
The school,
day
child
care center
,
or nursery school shall notify the district attorney of the county in which the student resides of any minor student who fails to present written evidence of completed immunizations or a written waiver under sub. (3) within 60 school days after being admitted to the school,
day
child
care center
,
or nursery school. The district attorney shall petition the court exercising jurisdiction under chs. 48 and 938 for an order directing that the student be in compliance with the requirements of this section. If the court grants the petition, the court may specify the date by which a written waiver shall be submitted under sub. (3) or may specify the terms of the immunization schedule. The court may require an adult student or the parent, guardian
,
or legal custodian of a minor student who refuses to submit a written waiver by the specified date or meet the terms of the immunization schedule to forfeit not more than $25 per day of violation.
Section
159
.
252.21 (1) of the statutes is amended to read:
252.21
(1)
If a teacher, school nurse
,
or principal of any school or
day
child
care center knows or suspects that a communicable disease is present in the school or center, he or she shall at once notify the local health officer.
253.15
(2)
Informational materials.
The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to
day
child
care providers under sub. (4)
(d)
, and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.
Section
161
.
253.15 (4) (title) of the statutes is amended to read:
253.15
(4)
(title)
Training for
day
child
care providers.
Section
162
.
253.15 (4) of the statutes, as affected by
2009 Wisconsin Act 28
, is renumbered 253.15 (4) (a) and amended to read:
253.15
(4)
(a) Before an individual may obtain a license to operate a
day
child
care center under s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a
day
child
care program under s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training.
(b)
Before an individual may be certified under s. 48.651 as a
day
child
care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying department in a county having a population of 500,000 or more, county department, or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by that department, county department, or contracted agency to provide that training.
(c)
Before an employee or volunteer of a
day
child
care center licensed under s. 48.65, a
day
child
care provider certified under s. 48.651, or a
day
child
care program established under s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by the department or that county department or contracted agency to provide that training.
(d)
The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under sub. (2), a presentation of the audiovisual materials purchased or prepared under sub. (2), and an oral explanation of those written and audiovisual materials.
Section
163
.
253.15 (7) (c) of the statutes is amended to read:
253.15
(7)
(c) The department, a county department, a nonprofit organization specified under sub. (4)
(a), (b), or (c)
, or any other person that provides the training
,
under sub. (4) (a), (b), or (c) and
the written and audiovisual materials
,
and
the
oral explanation specified in sub. (4)
(d)
is immune from liability for any damages resulting from any good faith act or omission in approving, providing, or failing to approve or provide that training, those materials, and that explanation. A school board is immune from liability for any damages resulting from any good faith act or omission in connection with the provision of
,
or the failure to provide, the training
,
under sub. (4) (a) or (c) and the
written and audiovisual materials
,
and oral explanation specified in sub. (4)
(d)
.
Section
164
.
254.162 (1) (c) of the statutes is amended to read:
254.162
(1)
(c)
Day
Child
care providers certified under s. 48.651 and
day
child
care centers licensed under s. 48.65, provisionally licensed under s. 48.69
,
or established or contracted for under s. 120.13 (14).
Section
165
.
254.168 (4) of the statutes is amended to read:
254.168
(4)
A
day
child
care provider certified under s. 48.651.
Section
166
.
254.168 (5) of the statutes is amended to read:
254.168
(5)
A
day
child
care center licensed under s. 48.65, provisionally licensed under s. 48.69
,
or established or contracted for under s. 120.13 (14).
Section
167
.
285.63 (10) (d) 5. of the statutes is amended to read:
285.63
(10)
(d) 5. Schools, churches, hospitals, nursing homes
,
or
day
child
care facilities.
Section
168
.
301.46 (4) (a) 2. of the statutes is amended to read:
301.46
(4)
(a) 2. A
day
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).
Section
169
.
562.06 (3) of the statutes is amended to read:
562.06
(3)
Day
Child
care.
Nothing in this section prohibits a licensee from operating a
day
child
care area at a track if the
day
child
care area is licensed by the department of children and families under s. 48.65.
Section
170
.
767.511 (1m) (e) of the statutes is amended to read:
767.511
(1m)
(e) The cost of
day
child
care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.
Section
171
.
938.32 (1) (c) 1. c. of the statutes is amended to read:
938.32
(1)
(c) 1. c. A finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies
.
Section
172
.
938.33 (4) (c) of the statutes is amended to read:
938.33
(4)
(c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies
.
Section
173
.
938.335 (3g) (c) of the statutes is amended to read:
938.335
(3g)
(c) That the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies
.
Section
174
.
938.34 (2) (b) of the statutes is amended to read:
938.34
(2)
(b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department, order the agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance,
day
child
care, or parent skills training.
Section
175
.
938.355 (2) (b) 6. of the statutes is amended to read:
938.355
(2)
(b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies
. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
Section
176
.
938.355 (2c) (a) 3. c. of the statutes is amended to read:
938.355
(2c)
(a) 3. c. Community support services, such as
day
child
care, parenting skills training, housing assistance, employment training
,
and emergency mental health services.
Section
177
.
938.356 (1) of the statutes is amended to read:
938.356
(1)
Oral warning.
Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be
delinquent or to be
in need of protection or services under s.
938.34,
938.345, 938.357, 938.363
,
or 938.365
and whenever the court reviews a permanency plan under s. 938.38 (5m)
, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home or for the parent to be granted visitation.
Section
178
.
938.365 (2g) (b) 2. of the statutes is amended to read:
938.365
(2g)
(b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement
, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies
.
Section
179
.
938.365 (2m) (a) 1. of the statutes is amended to read:
938.365
(2m)
(a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the
person or
agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan
, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies
. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the
person or
agency primarily responsible for providing services to the juvenile to achieve the goal of the juvenile's permanency plan
, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies
. An order shall be issued under s. 938.355.
Section
180
.
938.38 (5) (c) 7. of the statutes is amended to read:
938.38
(5)
(c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan
, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies
.
Section
181
.
948.53 (1) (a) of the statutes is amended to read:
948.53
(1)
(a) "Child care provider" means a
day
child
care center that is licensed under s. 48.65 (1), a
day
child
care provider that is certified under s. 48.651, or a
day
child
care program that is established or contracted for under s. 120.13 (14).
Section
182
.
Initial applicability.
(1)
Out-of-home placements of children.
(a)
Juvenile court reports.
The treatment of sections 48.33 (4) (c), 48.365 (2g) (b) 2., 938.33 (4) (c), and 938.365 (2g) (b) 2. of the statutes first applies to reports filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective date of this paragraph.
(b)
Orders placing child outside home.
The treatment of sections 48.32 (1) (b) 1. c., 48.355 (2) (b) 6., 48.365 (2m) (a) 1., 938.32 (1) (c) 1. c., 938.355 (2) (b) 6., 938.356 (1) (with respect to court orders), and 938.365 (2m) (a) 1. of the statutes first applies to court orders granted on the effective date of this paragraph.
(c)
Permanency plan reviews and hearings.
The treatment of sections 48.356 (1), 48.38 (5) (c) 7., 938.356 (1) (with respect to permanency plan reviews), and 938.38 (5) (c) 7. of the statutes first applies to permanency plan reviews and hearings held on the effective date of this paragraph.
Section
183
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
Main street Equity act.
The treatment of section 77.54 (20n) (b) of the statutes takes effect on October 1, 2009, or on the day after publication, whichever is later.
(2)
Clean indoor air.
The treatment of section 101.123 (1) (ad) and (2) (a) 1r. and (d) 2. of the statutes takes effect on July 5, 2010, or on the day after publication, whichever is later.
(3)
Treatment foster homes.
The repeal and recreation of sections 48.66 (1) (a), 48.67 (intro.), 48.685 (1) (b), (4m) (a) (intro.) and (ad), (5m), and (6) (a), and 48.73 of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, or on the day after publication, whichever is later.
