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  Date of enactment: February 4, 2016
2015 Senate Bill 304   Date of publication*: February 5, 2016
* Section 991.11, Wisconsin Statutes: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
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:
132,1 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.
132,2 Section 2. Ch. DCF 121 of the administrative code is repealed.
132,3 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.
132,4 Section 4. DCF 201.06 (3) (b) of the administrative code is repealed.
132,5 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.
132,6 Section 6. DCF 202.02 (1) of the administrative code is repealed.
132,7 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.
132,8 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.
132,9 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.
132,10 Section 10. DCF 202.02 (4) of the administrative code is repealed.
132,11 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.
132,12 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.
132,13 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.
132,14 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:
132,15 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.
132,16 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.
132,17 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.
132,18 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:
132,19 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.
132,20 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.
132,21 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.
132,22 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).
132,23 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.
132,24 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:
132,25 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:
132,26 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.
132,27 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.
132,28 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.
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