Section 48.651. Certification of child care providers.  


Latest version.
  • (1)  Except as provided in s. 49.155 (4) (c) , no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14) , may receive payment for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d) , by the department in a county having a population of 750,000 or more, a county department, or an agency with which the department contracts under sub. (2) . To be certified under this section, a person must meet the minimum requirements for certification established by the department under 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 750,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of child care providers:
    (a) Level I certified family 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 the provider provides care.
    (b) Level II certified family child care providers, as established by the department under s. 49.155 (1d) .
    (2)  The department in a county having a population of 750,000 or more or a county department shall certify 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 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 750,000 or more or a county department that certifies 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 child care providers.
    (2c)  From the allocation under s. 49.175 (1) (p) , the department shall do all of the following:
    (a) Reimburse a county having a population of 750,000 or more for all approved, allowable certification costs, as provided in s. 49.826 (2) (c) .
    (b) For contracts with agencies entered into under sub. (2) , allocate available funds, as determined by the department, in proportion to the number of certified providers, applications for certification, previously experienced certification costs, estimated certification costs, or such other measures as the department determines.
    (2m)  The department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall provide the department of health services with information about each person who is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.
    (3)
    (a) If a child care provider certified under sub. (1) is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m. , or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm) , of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall revoke the certification of the child care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.
    (b) If a child care provider certified under sub. (1) is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m. , or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm) , of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall immediately suspend the certification of the child care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be certified under sub. (1) .