2015 WISCONSIN ACT
132
An Act
relating to:
amending various rules promulgated by the Department of Children and Families governing the certification of child care operators, governing the licensing of child welfare agencies, and establishing standards for the operation of child care centers; and eliminating rules promulgated by the Department of Children and Families related to retaining public assistance case records.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
DCF 54.02 (3) (d) 1. of the administrative code is amended to read:
DCF 54.02
(3)
(d) 1. At least
3 weeks
30 days
prior to the
expiration
continuation date
of the current
licensing
license
.
Section
2
.
Ch. DCF 121 of the administrative code is repealed.
Section
3
.
DCF 201.02 (2m) of the administrative code is amended to read:
DCF 201.02
(2m)
"Certification agency" means the department in a county having a population of
500,000
750,000
or more
; a county department of social services established under s. 46.22, Stats.; a county department of human services established under s. 46.23, Stats.; a tribal agency;
or any agency that
has a contract
contracts
with
the department
any of those entities
to certify child care providers under s. 48.651, Stats.
, and ch. DCF 202 in a particular county or tribal area.
Section
4
.
DCF 201.06 (3) (b) of the administrative code is repealed.
Section
5
.
DCF 202.01 (2) of the administrative code is amended to read:
DCF 202.01
(2)
Applicability.
This chapter applies to
county and tribal
certification
agencies and to all providers of child care who receive reimbursement with state or federal child care funds and who are not required to be licensed under s. 48.65, Stats., including providers of child care for 1 to 3 children, providers of child care for a child in the child's home, and providers of child care for school-age children.
Section
6
.
DCF 202.02 (1) of the administrative code is repealed.
Section
7
.
DCF 202.02 (1s) of the administrative code is created to read:
DCF 202.02
(1s)
"Certification agency" means the department in a county having a population of 750,000 or more; a county department of social services established under s. 46.22, Stats.; a county department of human services established under s. 46.23, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care operators under s. 48.651, Stats.
Section
8
.
DCF 202.02 (2) of the administrative code is amended to read:
DCF 202.02
(2)
"Certified child care home" or "home" means the residence in which the certified child care operator provides care of children and which meets the standards under s. DCF 202.08 for reimbursement of care by
county or tribal
certification
agencies.
Section
9
.
DCF 202.02 (3h) of the administrative code is amended to read:
DCF 202.02
(3h)
"Child care certification worker" means a person employed by
a county, a governing body of a federally-recognized American Indian tribe, or
an agency
under contract with a county or tribe
whose duties include determination of eligibility for child care certification.
Section
10
.
DCF 202.02 (4) of the administrative code is repealed.
Section
11
.
DCF 202.02 (14) of the administrative code is amended to read:
DCF 202.02
(14)
"
Physician's
Physician
assistant" means a health care professional certified under s. 448.04 (1) (f), Stats., and ch. Med 8.
Section
12
.
DCF 202.04 (3) (a) of the administrative code is amended to read:
DCF 202.04
(3)
(a)
Form.
Application for certification shall be made on a form available from the
county or tribal
certification
agency in the county or tribal territory where the child care is provided. The applicant shall submit the completed form to that
county or tribal
certification
agency.
Section
13
.
DCF 202.04 (3) (d) of the administrative code is amended to read:
DCF 202.04
(3)
(d)
Compliance with standards and certification.
The
county or tribal
certification
agency shall process all certification applications as follows:
1. If the application is for certification under sub. (2) (a), the
county or tribal
certification
agency shall review the application for compliance with standards under s. DCF 202.08 prior to issuing a certificate.
2. If the application is for certification under sub. (2) (b), the
county or tribal
certification
agency shall refer the application to a licensing representative in the department regional office. The licensing representative shall determine whether the applicant is in compliance with all standards under s. DCF 202.09 and report back to the
county or tribal
certification
agency. The
county or tribal
certification
agency may issue a certificate based on the licensing representative's report.
Section
14
.
DCF 202.04 (3) (e) (intro.) of the administrative code is amended to read:
DCF 202.04
(3)
(e)
Approval.
(intro.) Within 60 days after receiving a completed application for certification or recertification and satisfactory investigation and determination that the applicant is fit, the
county or tribal
certification
agency shall either approve the application and issue a certificate or deny the application.
Fit
"
Fit"
means the applicant displays the capacity to successfully nurture and care for children and includes consideration of any of the following:
Section
15
.
DCF 202.04 (3) (f) of the administrative code is amended to read:
DCF 202.04
(3)
(f) The
county or tribal
certification
agency may backdate a certificate of approval to the date that the
county or tribal
certification
agency received the applicant's completed application for certification.
Section
16
.
DCF 202.04 (4) (a) of the administrative code is amended to read:
DCF 202.04
(4)
(a) A
county or tribal
certification
agency may charge a fee for family child care certification not to exceed 150 percent of the licensing fee for a family child care center that provides care and supervision for 4 to 8 children, under s. 48.65 (3) (a), Stats., plus the costs of criminal record checks required under s. 48.685, Stats.
Section
17
.
DCF 202.04 (4) (b) of the administrative code is amended to read:
DCF 202.04
(4)
(b) The
county or tribal
certification
agency may charge a fee for school-age child care certification not to exceed the licensing fee for a group child care center that provides care and supervision for 9 or more children under s. 48.65 (3) (a), Stats., plus the costs of criminal record checks required under s. 48.685, Stats.
Section
18
.
DCF 202.04 (5) (intro.) of the administrative code is amended to read:
DCF 202.04
(5)
Categories of family certification.
(intro.) Certification of
a provider
an operator
by a
county or tribal
certification
agency shall be Level I (regular) or Level II (provisional) as follows:
Section
19
.
DCF 202.04 (6) (a) of the administrative code is amended to read:
DCF 202.04
(6)
(a) The
county or tribal
certification
agency responsible for certification of
a provider
an operator
shall be determined by the geographic area in which the child care is provided.
Section
20
.
DCF 202.04 (6) (b) of the administrative code is amended to read:
DCF 202.04
(6)
(b) Certification issued to
a provider
an operator
by a
county or tribal
certification
agency shall be accepted as valid by all other agencies authorized to certify providers.
Section
21
.
DCF 202.04 (6) (c) of the administrative code is amended to read:
DCF 202.04
(6)
(c) The
county or tribal
certification
agency shall ensure that each new day care certification worker completes the department-approved certification training during the first 6 months of employment.
Section
22
.
DCF 202.04 (7) (a) of the administrative code is amended to read:
DCF 202.04
(7)
(a)
Qualifications of certified child care operators.
County and tribal
Certification
agencies shall maintain records demonstrating child care operator compliance with s. DCF 202.08 (1).
Section
23
.
DCF 202.04 (7) (b) 1. of the administrative code is amended to read:
DCF 202.04
(7)
(b) 1. `General.'
County and tribal
Certification
agencies shall help assure operator compliance with s. DCF 202.08 (2) to (12) in accordance with this section.
Section
24
.
DCF 202.04 (7) (b) 2. (intro.) of the administrative code is amended to read:
DCF 202.04
(7)
(b) 2. `Required procedures.' (intro.) A
county or tribal
certification
agency shall:
Section
25
.
DCF 202.04 (7) (b) 3. (intro.) of the administrative code is amended to read:
DCF 202.04
(7)
(b) 3. `Optional procedures.' (intro.) A
county or tribal
certification
agency may:
Section
26
.
DCF 202.04 (7) (b) 3. e. of the administrative code is amended to read:
DCF 202.04
(7)
(b) 3. e. Require an evaluation and written statement by a physician or licensed mental health professional of any person associated with the care of children or any household resident if the
county or tribal
certification
agency has reason to believe that the person's physical or mental health may endanger children in care. The
county or tribal
certification
agency shall document what reason it has to believe that the person's physical or mental health may endanger children in care.
Section
27
.
DCF 202.04 (8) of the administrative code is amended to read:
DCF 202.04
(8)
Exceptions to particular certification requirements.
A
county or tribal
certification
agency may grant an exception to any standard in s. DCF 202.08 or 202.09 if the
county or tribal
certification
agency determines that an alternative means meets the intent of the requirement, except for rules related to criminal background investigation required under s. 48.685, Stats.
Section
28
.
DCF 202.04 (9) of the administrative code is amended to read:
DCF 202.04
(9)
Certification decision after background review
. The
county or tribal
certification
agency shall conduct background reviews in accordance with s. 48.685, Stats. For guidance in resolving issues that arise in particular cases, the
county or tribal
certification
agency shall follow ch. DHS 12, and the crimes table incorporated into ch. DHS 12, and shall apply the standards that apply to licensed child care facilities.
Section
29
.
DCF 202.05 (1) of the administrative code is amended to read:
DCF 202.05
(1)
The
county or tribal
certification
agency shall follow the requirements for criminal history and child abuse record search that are contained in s. 48.685, Stats., and ch. DHS 12, and the crimes table incorporated into ch. DHS 12, and shall apply the standards that apply to licensed child care facilities, except the
county or tribal
certification
agency shall require any prospective or current employee, contractor under the control of the certified child care operator, volunteer, or non-client resident to submit the completed background information form to the
county or tribal
certification
agency prior to initial certification and recertification. In applying the provisions relating to rehabilitation decisions, all decisions and review procedures shall be made and conducted by the
county or tribal
certification
agency.
Section
30
.
DCF 202.05 (2) of the administrative code is amended to read:
DCF 202.05
(2)
Each
county or tribal
certification
agency shall maintain its records concerning each person whose certificate is denied, revoked, or not renewed for a reason specified in s. 48.685 (4m) (a) 1. to 5., Stats. The
county or tribal
certification
agency shall report this information to the department's bureau of early childhood education. The
county or tribal
certification
agency shall immediately report the receipt of an application for rehabilitation review and the results of each rehabilitation review to the office of legal counsel of the department of health services.
Section
31
.
DCF 202.06 (1) (intro.) of the administrative code is amended to read:
DCF 202.06
(1)
(intro.) The
county or tribal
certification
agency may deny, suspend, revoke
,
or refuse to renew certification if any of the following apply:
Section
32
.
DCF 202.06 (1) (c) of the administrative code is amended to read:
DCF 202.06
(1)
(c) The
county or tribal
certification
agency determines there is danger to the health, safety
,
or welfare of the children in care.
Section
33
.
DCF 202.06 (1) (e) of the administrative code is amended to read:
DCF 202.06
(1)
(e) The child care operator fails to cooperate with the
certifying
certification
agency.
Section
34
.
DCF 202.06 (1) (j) of the administrative code is amended to read:
DCF 202.06
(1)
(j) The evaluation under s. DCF 202.04 (7) (b) 3. e. gives the
county or tribal
certification
agency reasonable concern that the person's physical or mental health may endanger children in care.
Section
35
.
DCF 202.06 (2) of the administrative code is amended to read:
DCF 202.06
(2)
The
county or tribal
certification
agency shall require a child care operator to submit a new application for certification if the operator's previous certification was denied, revoked, or not renewed for a reason in s. DCF 202.05 or 202.06 (1). The
county or tribal
certification
agency may refuse to accept a new application for 2 years after the date of the denial, revocation, or refusal to renew the certification.
Section
36
.
DCF 202.06 (4) of the administrative code is amended to read:
DCF 202.06
(4)
If a
county or tribal
certification
agency denies, suspends, revokes
,
or refuses to renew a certification, the
county or tribal
certification
agency shall notify the child care operator in writing and give reasons for the action. The action
is reviewable pursuant to
of a county department of social services established under s. 46.22, Stats., or a county department of human services established under s. 46.23, Stats., may be appealed under
ch. 68, Stats., which provides for administrative review of the decisions of local agencies. Tribal agencies shall use an appeal process equivalent to the process in ch. 68, Stats.
In a county with a population of 750,000 or more, a certification agency's action may be appealed under ch. 227, Stats., which provides for administrative review of the decisions of state agencies
.
Section
37
.
DCF 202.065 (intro.) of the administrative code is amended to read:
DCF 202.065
Sanctions.
(intro.) If a certified child care operator violates the provisions of this chapter, s. 48.685, Stats., or ch. DHS 12, the
county or tribal
certification
agency shall require the operator to submit a plan of correction for violation in writing and may impose any or all of the following sanctions.
Section
38
.
DCF 202.065 (3) of the administrative code is amended to read:
DCF 202.065
(3)
Suspend the operator's certification for not more than 60 days. The
certification
agency shall either reinstate or revoke the certification by the date that the suspension expires.
Section
39
.
DCF 202.07 of the administrative code is amended to read:
DCF 202.07
Complaints.
Within 10 working days after a
county or tribal
certification
agency receives a complaint about a certified child care operator, the
county or tribal
certification
agency shall investigate that complaint.
Section
40
.
DCF 202.08 (1) (a) 3. of the administrative code is amended to read:
DCF 202.08
(1)
(a) 3. Each family and in-home child care operator shall demonstrate that he or she is free from tuberculosis prior to
initial
certification
and recertification. The
. Each family and in-home child care provider shall demonstrate that he or she is free from tuberculosis prior to the date the provider begins working with children. For a child care operator, including a child care provider who is also a child care operator, the certification
agency may accept results of a test administered up to 12 months before the application date.
For a child care provider who is not also a child care operator, the certification agency may accept the results of a test administered up to 12 months before the date the provider began working with children.
Section
41
.
DCF 202.08 (1) (b) 2. b. of the administrative code is amended to read:
DCF 202.08
(1)
(b) 2. b. A
county or tribal
certification
agency may require up to 5 hours of annual continuing education by a Level I (regular) certified
provider
operator
each year following Level I (regular) certification.
Section
42
.
DCF 202.08 (1) (b) 2. c. of the administrative code is amended to read:
DCF 202.08
(1)
(b) 2. c. Prior to issuing a Level I (regular) certification, the
county or tribal
certification
agency may require that an applicant
has
graduated from high school,
has
obtained a high school equivalency diploma under s. 115.29 (4), Stats., or
has
obtained a certificate of general education development under s. PI 5.04.
Section
43
.
DCF 202.08 (1) (c) (intro.) of the administrative code is amended to read:
DCF 202.08
(1)
(c)
Reporting changes.
(intro.) A certified family child care operator shall report
to the certification agency
as soon as possible, but no later than the
county or tribal
certification
agency's next working day,
to the agency
any changes that affect the certified family child care operator's eligibility for certification under this chapter, including the following:
Section
44
.
DCF 202.08 (1) (d) of the administrative code is amended to read:
DCF 202.08
(1)
(d)
Substitutes, employees, and volunteers.
A substitute, employee, or volunteer for a Level I or II child care operator shall be approved by the
county or tribal
certification
agency before employment or volunteer work commences. The
county or tribal
certification
agency shall approve the substitute, employee, or volunteer if the agency has verification that the substitute, employee, or volunteer has met the standards under s. DCF 202.05, regarding the criminal history and child abuse record search, and
has
completed the training on sudden infant death syndrome and shaken baby syndrome and impacted babies required under par. (b) 1.
Section
45
.
DCF 202.08 (1) (e) 3. of the administrative code is amended to read:
DCF 202.08
(1)
(e) 3. Ensure that all information provided to the
county or tribal
certification
agency is current and accurate.
Section
46
.
DCF 202.08 (2) (a) 2m. of the administrative code is repealed.
Section
47
.
DCF 202.08 (2) (g) of the administrative code is amended to read:
DCF 202.08
(2)
(g) The home shall have at least one telephone in working order with a list of emergency numbers posted by each telephone, including numbers for the rescue squad, police, fire station, emergency medical care,
child protective services agency,
and poison control center. The
certifying
certification
agency may prohibit the use of a cellular phone as a primary phone. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care.
Section
48
.
DCF 202.08 (2) (o) of the administrative code is amended to read:
DCF 202.08
(2)
(o) If the child care is provided in a rental property, the
provider
operator
shall obtain permission from
his or her
the
landlord to operate a child care business.
Section
49
.
DCF 202.08 (4) (b) of the administrative code is amended to read:
DCF 202.08
(4)
(b) The physical examination report shall be
made on an electronic printout from a licensed physician, physician assistant, or health check provider or on a form provided by the department that is
signed and dated by a licensed physician,
a physician's
physician
assistant
,
or
a
health check provider.
Section
49m
.
DCF 202.08 (4) (b) (note) of the administrative code is created to read:
Note:
The department's form, Child Health Report - Child Care Centers, or an electronic printout from a medical professional may be used to document a health examination. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from the certification agency.
Section
50
.
DCF 202.08 (4) (c) of the administrative code is amended to read:
DCF 202.08
(4)
(c) The requirement under par. (a) does not apply to a child care operator who requests from the
county or tribal
certification
agency in writing an exemption for a child based upon adherence by the child's parent to religious belief in exclusive use of prayer or spiritual means for healing.
Section
51
.
DCF 202.09 (1m) (c) of the administrative code is amended to read:
DCF 202.09
(1m)
(c) Ensure that all information provided to the
county or tribal
certification
agency is current and accurate.
Section
52
.
DCF 202.09 (2) (e) (intro.) of the administrative code is amended to read:
DCF 202.09
(2)
(e)
Staff records.
(intro.) The school-age child care program shall maintain a record for each employee
which
that
shall be available to the
county or tribal
certification
agency
and includes
. The record shall include all of the following
:
Section
53
.
DCF 202.09 (4) (a) 2. of the administrative code is amended to read:
DCF 202.09
(4)
(a) 2. There shall be a report of inspection filed
in the county or tribal
with the certification
agency that indicates approval of the building by the state department of safety and professional services or by a certified agent of that department. The building shall comply with applicable state and local building codes.
Section
54
.
DCF 202.09 (12) (d) of the administrative code is amended to read:
DCF 202.09
(12)
(d) Any vehicle used by the program to transport children shall be in safe operating condition and at 12-month intervals the school-age child care program shall provide evidence of the vehicle's safe operating condition to the
county or tribal
certification
agency.
Section
55
.
DCF 202.09 (14) (intro.) of the administrative code is amended to read:
DCF 202.09
(14)
Insurance.
(intro.) The program shall provide documentation of insurance coverage by submitting to the
county or tribal
certification
agency a certificate of insurance reflecting current dates of coverage for:
Section
56
.
Ch. DCF 203 of the administrative code is repealed.
Section
57
.
DCF 250.04 (2) (g) of the administrative code is amended to read:
DCF 250.04
(2)
(g) Provide written information to parents on whether a licensee has insurance coverage on the premises
,
and
on the child care
operation and on vehicles if transportation is provided
business
. Liability insurance on the child care business is required if cats or dogs are allowed in areas accessible to children during the hours of operation as specified in s. DCF 250.07 (7) (h).
Section
58
.
DCF 250.04 (6) (a) 1. of the administrative code is amended to read:
DCF 250.04
(6)
(a) 1. Enrollment information and health history on
a form
forms
provided by the department. The enrollment information and health history shall be on file prior to the child's first day of attendance.
Section
59
.
DCF 250.07 (6) (L) 3. of the administrative code is amended to read:
DCF 250.07
(6)
(L) 3. The health examination report shall be
made on an electronic printout from a licensed physician, physician assistant, or HealthCheck provider or
on a form provided by the department
and shall be
that is
signed and dated by a licensed physician, physician assistant
,
or
a
HealthCheck provider.
Note:
The department's form, Child Health Report - Child Care Centers,
is
or an electronic printout from a medical professional may be
used to
record
document a
health examination
information
. Information on how to obtain the
department's
form is available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
Section
60
.
DCF 251.03 (2) of the administrative code is amended to read:
DCF 251.03
(2)
"Assistant child care teacher" means a child care worker who works under the supervision of a child care teacher and
who
meets the qualifications under s. DCF 251.05 (1)
(e)
(g)
.
Section
61
.
DCF 251.03 (4) of the administrative code is amended to read:
DCF 251.03
(4)
"Center director" means the person
who is
responsible to the licensee for the supervision of the center's program for children and for the supervision of the center's staff and who meets the qualifications
of
under
s. DCF 251.05 (1)
(c)
(e)
.
Section
62
.
DCF 251.03 (5) of the administrative code is amended to read:
DCF 251.03
(5)
"Child care teacher" means a child care worker who plans, implements
,
and supervises the daily activities for a designated group of children and
who
meets the qualifications under s. DCF 251.05 (1)
(d)
(f)
.
Section
63
.
DCF 251.04 (5) (a) 4. of the administrative code is amended to read:
DCF 251.04
(5)
(a)
4. The physical examination report required under s. DCF 251.05 (1)
(j)
(L)
1.
Section
64
.
DCF 251.07 (6) (k) 3. of the administrative code is amended to read:
DCF 251.07
(6)
(k) 3. The health examination report shall be
made on an electronic printout from a licensed physician, physician assistant, or HealthCheck provider or
on a form provided by the department
and shall be
that is
signed and dated by a
licensed
physician, physician assistant
,
or HealthCheck provider.
Note:
The department's form, Child Health Report - Child Care Centers,
is
or an electronic printout from a medical professional may be
used to
record
document a
health examination
information
. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
Note:
A HealthCheck provider is a medical professional associated with or employed by an outpatient hospital facility, a health maintenance organization, a visiting nurse association, a clinic operated under a physician's supervision, a local public health agency, a home health agency, a rural health clinic, an Indian health agency
,
or a neighborhood health center.
Section
65
.
DCF 251.09 (1) (e) of the administrative code is amended to read:
DCF 251.09
(1)
(e) The regularly assigned child care teacher and assistant child care teacher for each group of infants and toddlers shall have a minimum of 10 hours of training in infant and toddler care approved by the department within 6 months after assuming the position. If the training is not part of the required entry-level training under s. DCF 251.05 (1)
(d) or (e)
(f) or (g)
, it shall be obtained through continuing education.
Section
66
.
DCF 251.095 (2) (d) of the administrative code is amended to read:
DCF 251.095
(2)
(d) Section DCF 251.05 (1)
(e)
(g)
2., relating to training for assistant child care teachers.
Section
67
.
DCF 251.095 (3) (a) of the administrative code is amended to read:
DCF 251.095
(3)
(a) Section DCF 251.05 (1)
(e)
(g)
2., relating to training for assistant child care teachers.
