Minnesota –New requirements will be effective 9/30/19, including additional staff orientation health and safety training, handling and disposal of bodily fluids, emergency preparedness and response training, and unannounced annual inspections.
Michigan –Michigan now requires that child care homes be licensed instead of registered. Annual licensing visits will be made to all child care sites. Emergency plans for centers will include a plan for what to do if there is violence at the center. Training requirements have broadened, including the requirement that all staff must have a current CPR/First Aid card. Temporary operation of a child care center at a different location in case of a disaster will now be allowed under certain circumstances.
Illinois –Illinois rules have been amended to incorporate additional training requirements for licensees and assistants and additional documentation for emergency preparedness plans. Changes to the background check process are pending.
Effect on Small Businesses
The proposed rules will affect small businesses that are child care operators or licensees. The rules will have minimal or no economic impact on these small businesses.
Analysis Used to Determine Effect on Small Businesses
Most of the substantive changes in the rule are required by federal law. Several other changes are less restrictive than the current rule.
Agency Contact
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Elaine Pridgen, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916 or dcfpublichearing@wisconsin.gov. The comment deadline is July 26, 2019.
SECTION 1. Chapter DCF 12 (title) is amended to read: CAREGIVER BACKGROUND CHECKS FOR CHILD WELFARE PROGRAMS
SECTION 2. DCF 12.01 (1) is amended to read:
DCF 12.01 Purpose and scope. (1) This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.685, 49.155 (1d), and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.685, Stats., for caregivers and nonclient residents at an entity or with a caregiver specified in s. DCF 12.02 (4) (c). SECTION 3. DCF 12.02 (1) is amended to read:
DCF 12.02 (1) “Agency” means the department, a county department, a certification agency, or a child-placing agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14), Stats. SECTION 4. DCF 12.02 (6) is repealed.
SECTION 5. DCF 12.02 (8) (intro.) is amended to read:
DCF 12.02 (8) (intro.) “Client” means a person who receives direct care or treatment services from an entity or, a caregiver specified in s. DCF 12.02 (4) (c), or from a child care program under s. 48.686 (1) (aj). “Client” includes all of the following: SECTION 6. DCF 12.02 (14) (h) to (j) are repealed.
SECTION 7. DCF 12.02 (18) (a) is amended to read:
DCF 12.02 (18) (a) The person is 12 10 years of age or over.
SECTION 8. DCF 12.02 (18) (Note) is repealed and recreated to read:
DCF 12.02 (18) (Note): For example, household members in foster homes are “nonclient residents.”
SECTION 9. DCF 12.02 (21) (c) and (d) and (23) are repealed.
SECTION 10. DCF 12.02 (24) and (Note) are repealed and recreated to read:
DCF 12.02 (24) “Serious crime” means the offenses specified in s. 48.685 (1) (c), Stats. “Serious crime” includes the offenses specified in s. 48.685 (5) (bm) 4., Stats., after the waiting period for eligibility to demonstrate rehabilitation, unless the person has demonstrated rehabilitation under s. DCF 12.13 or 12.14. Note: Tables that list serious crimes applicable to each program are available in the program regulatory sections of the department website at http://dcf.wisconsin.gov. For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.
For foster homes, adoption home studies, adoption assistance, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.
SECTION 11. DCF 12.03 (2) (title) is repealed and recreated to read:
DCF 12.03 (2) Timely bid.
SECTION 12. DCF 12.07 (title) is amended to read:
DCF 12.07 Child welfare denial Denial and revocation information.
SECTION 13. DCF 12.08 (1) (a) and (b) and (2) (a) 1. and 2. are amended to read:
DCF 12.08 (1) (a) The person is the subject of a delinquency petition alleging that the person committed a serious crime on or after his or her 12th 10th birthday.
(b) The person has been adjudicated delinquent on or after his or her 12th 10th birthday for committing any crime.
(2) (a) 1. A person who is age 12 10 or over and is not a client begins residing at, or is expected to reside at, an entity.
2. A person who is residing at the entity and is not a client turns 12 10 years of age.
SECTION 14. DCF 12.08 (2) (b) 1. is renumbered DCF 12.08 (2) (b).
SECTION 15. DCF 12.08 (2) (b) 2. is repealed.
SECTION 16. DCF 12.08 (3) (a) and (b) are amended to read:
DCF 12.08 (3) (a) The person is the subject of a delinquency petition alleging that the person committed a serious crime on or after his or her 12th 10th birthday.
(b) The person has been adjudicated delinquent on or after his or her 12th 10th birthday for committing any crime.
SECTION 17. DCF 12.09 (1) (a) and (2) (intro.) are amended to read:
DCF 12.09 (1) (a) An entity that commits does any of the following acts may be subject to one or more of the sanctions specified in par. (b):
(2) (intro.) An applicant for regulatory approval who does any of the following may be is subject to denial of an application for regulatory approval:
SECTION 18. DCF 12.11 (1) is renumbered DCF 12.11 (intro.) and, as affected by this section, DCF 12.11 (1) and (2) are amended to read:
DCF 12.11 (1) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm) or (br), Stats. (2) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm) or (br) Stats., during a waiting period that has not ended. SECTION 19. DCF 12.13 (1), (3) (a), (5) (a) are amended to read:
DCF 12. 13 (1) If the an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received by the applicable agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.
(3) (a) The A person requesting the for whom a rehabilitation review is conducted under sub. (2) shall have be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have.
(5) (a) An agency A review panel may grant rehabilitation approval only within the scope of its the agency’s regulatory authority.
SECTION 20. DCF 12.14 (Note) is amended to read:
DCF 12.14 (Note): Pursuant to s. 48.685 (5c), Stats., submit an appeal to the following, as appropriate: 1. To appeal a denial by a rehabilitation review panel for the department, a certification agency, or a child-placing agency, send the request to the Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.
2. To appeal a denial by a rehabilitation review panel for a county department, send the request to the director of the appropriate county department or his or her the director’s designee.
3. To appeal a denial by a rehabilitation review panel for the school board, send the request to the Superintendent of the Department of Public Instruction, 125 South Webster Street, Madison, WI 53703; or call (608) 266-3390.
SECTION 21. DCF 12.16 (1) (a) (Note) is amended to read:
DCF 12.16 (1) (a) (Note): For example, a certification agency county department in County B may accept a rehabilitation approval to be a nonclient resident in a certified child care foster home if a certification agency county department in County A granted the same type of approval.
SECTION 22. DCF 12.16 (1) (b) is repealed.
SECTION 23. Chapter DCF 13 is created to read: BACKGROUND CHECKS FOR CHILD CARE PROGRAMS
DCF 13.01 Purpose and scope. This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.686, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.686, Stats., for caregivers and nonclient residents at a child care program. Note: For further information on the scope of the child care background check, see s. DCF 13.02 for definitions of terms used in this subsection. DCF 13.02 Definitions. In this chapter:
(1) “Agency” means the department, a certification agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14), stats. (2) “Background check request form” means a form prescribed by the department on which a person completes required information.
