State of Wisconsin
Department of Children and Families
Child Care Certification and Licensing Updates Related to the Child
Care Development Block Grant and Streamlining
DCF 12, 13, 40, 202, 204, 250, 251, and 252
EMERGENCY RULE
The Wisconsin Department of Children and Families repeals ss. DCF 12.02 (6), (14) (h) to (j), (21) (c) and (d), and (23); 12.08 (2) (b) 2.; 12.16 (1) (b); 202.02 (1m), (3f), (9c), and (16); 202.04 (4) (bm); 202.05; 202.065; 202.08 (2) (d), (n), (o), and (p), (5) (em) and (g), and (12) (j); 202.09; 250.03 (20); 250.04 (2) (e) (Note), (3) (i) (Note), (m) (Note), (5), (6) (a) 6. and (Note), (c), and (Note 1 and 2), (8) (b) (Note 1); 250.06 (5), (8), and (10); 250.07 (4) (e) (Note), (5), (6) (c), (d), (e), (f) 1. c. (Note) and 2., (i), (j), (k) 5. and (Note), (L), and (m) and (Note), and (7) (h) and (Note); 250.09 (2) (j) and (4) (b) (Note), (f), and (i) 250.11 (4) (a) 2., (5) (b) 2. and (d), (11) (b), (c), and (d); 250.12 (2) (b); ch. 250 Appendices B, C, and D; 251.03 (3m) and (18m); 251.04 (2) (i), (3) (g) (Note), (5), (6) (a) 1. i. and (Note) and 3. and (Note), (8) (b) (Note 1); 251.06 (1) (b) and (Note), (6) (b) 2. (Note), (8), and (9) (a) 6., (b) 6. (Note) and (e); 251.07 (3) (d) (Note), (5) (a) 5. d., 7., and 8. (Note), (6) (a) 2., (e) 2., (f) 1. c. and (Note) and 2., (h), (j) 8. and 9., (k), and (L); 251.09 (1) (d) 1. and 2., (2) (i) and (3) (a) 4. and 6. and (4) (a) 3. (Note) and 9., and (c); 251.11 (3) (a) 2., (4) (b) 2., and (10) (b) and (c); and ch. DCF 251 Appendices B, C, and D; 252.41 (1) (g), (h), and (j), (3), (4) (a) 3. and (Note) and (b), and (10) (b); 252.43 (1) (f) (Note), 252.44 (5) (h), (6) (a) 2., (e) 1. d., 6. and 7., and (h) and (Note) and (7) (e); ch. DCF 252 (preface), subch. I (title), DCF 252.01; ch. DCF 252 subch. II and Appendix B; renumbers ss. DCF 12.08 (2) (b) 1.; 250.11 (11) (a); 251.07 (6) (a) 1.; 252.44 (6) (a) 1. and (f) 1. (intro.); to renumbers and amends ss. DCF 12.11 (1); 250.06 (3); to amends ch. DCF 12 (title); ss. DCF 12.01 (1); 12.02 (1), (8) (intro.), and (18) (a); 12.07 (title); 12.08 (1) (a) and (b), (2) (a) 1. and 2., and (3) (a) and (b); 12.09 (1) (a) and (2) (intro.); 12.13 (1), (3) (a), and (5) (a); 12.14 (1) (Note); 12.16 (1) (a) (Note); 40.03 (1) (c); 40.04 (3) (b) 3. a., b., c. and (c) (intro.), 1., 3., and (Note); 40.06; 202.02 (2), (3), (3b), (3e), (3h), (3k), (3m), (5g), (8m) (b) to (d), (9g), (11), (19), (20c), (20g), (20n), (20r), (20w), (21), and (22); 202.08 (2) (b) 2., (c) (Note), (cm), (e) (intro.) and 2., (4) (a) 1. and 2., (d), (e), (g), (h), (i), (k) (intro.) and 1. and (Note), (5) (a), (c), (d), (f), (h), and (i), (8) (title) and (c) (Note), (8m) (title) and (b), (10) (intro.), (a), (b), and (c), (11) (intro.), (c), and (d), (12) (c) and (e), (13), and (14); 204.02 (2); 250.03 (11) (b), (17), (18), (21), (27), and (34); 250.04 (2) (e) (intro.) and (Note) and (f), (3) (a), (b), (e), (i), (L), and (m), (4) (c) 1., (7) (b) 1. (intro.), (8) (title), (b) (Note 2); 250.06 (1) (b) 1. and 3., (2) (b), (c), (d), (g), (h) and (Note), (7) (a) 6. c., and (11) (b) 3. and 4.; 250.07 (2) (d) (Note), (3) (title); 250.09 (1) (c) (Note), 3., and 4., (3) (b), (c), and (g), and (4) (b) and (c); 250.095 (title) and (intro.); 250.10 (1), (2) (b) and (c); and (4) (a); 250.11 (3) (c) 1. and 2., (4) (a) 3. and (b), (5) (a), (b) 3., and (c), (6) (c) (Note), (9) (b); 250.12 (3), and ch. DCF 250, Appendix A; ch. DCF 251 (title); and ss. DCF 251.03 (2), (4), (5), (11g) (b), (14g), (17), (19), (26), and (29g); 251.04 (2) (a) (Note), (d), and (h) (intro.), (3) (a) and (Note), (b), (j), (m), and (n), (4) (c) (Note), (d), and (e) (Note), (6) (a) 4. and (Note) and 6m, (8) (title); 251.06 (1) (a), (e), (2) (a) (Note), (d), (f), and (h), (4) (j) and (Note), (6) (b) 1. and 3. (Note), (9) (b) 3. c. and 5., (d) 1. a., (f) 3. and 4., and (g) (title), (11) (b) 5., 6., and 7., (11) (c) 2. b., and (12) (a) and (b); 251.07 (2) (b), (c), and (f) (Note), (3) (title), (a) (intro.), (4) (d) and (e), (5) (title), and (a) 4., 8., and 9., (6) (b), (e) 1., and (i) 1., 2., 3., and 5., and (8); 251.09 (1) (am) (intro.), (d), (e), (f), (k), and (L), (2) (j) and (k), (3) (a) 2., 3., 8., 9., 13., and 15. and (b), (4) (a) 2. and 3. and (d); 251.095 (4) (b) 1., 2.., and 3.; 251.10 (1) and (2) (a), (b), and (c); 251.11 (2) (c) 2., 5., and 5g., (3) (a) 3. and (b), and (4) (a), (b) 3., and (c) and (8) (b); and ch. DCF 251, Appendix A; ch. DCF 252 (title); s. DCF 252.02 (1); 252.04 (3g), (13m) (b), (15m), (22m), and (25); 252.05 (1) (a) 2m. and 5. (Note), (c) (intro.), 3., 9., 10. and (Note), and 12., (g), (h), and (8) (b); 252.06 (3); 252.07 (title), (2) (c), (3) (title), (a), and (b) (intro.) and 3.; 252.08 (2); 252.41 (1) (f) (intro.), (2) (intro.), (a) and (Note), (b), and (g), (4) (a) (intro.), 1., and 4.; 252.44 (1) (a) 9. (Note), (2) (b), (3) (title), (a) (intro.), (b) (intro.) and 2., (6) (i) (title), 1., and 5. and (j) 3., (7) (title), (am) 5., (b) 2., 3., and 6., (9) (intro.) and (d), (11) (b), (12) (b), (13) (e); and ch. 252 Appendix A; repeals and recreates ss. DCF 12.02 (18) (Note) and (24) and (Note); 12.03 (2) (title); 202.01; 202.02 (13); 202.04; 202.06; 202.07; 202.08 (1), (2) (title), (intro.), (am), (c), (e) 3., (f), (g), (i), (j), (k), (L), (m), (3), (4) (title) and (f), (5) (e) and (j), (7), (8m) (a), (9), and (12) (f); 250.03 (1), (2), and (6); 250.04 (2) (i), (L), (m) and (Note), (3) (a) (Note), (4) (c) 1. (Note), 2., and 4., (6) (a) 1. (Note), 2., 4.; 250.05; 250.06 (3) (title), (9) (title) and (e); 250.07 (2) (b), (4) (c), (6) (b), (g), (h); 250.08; 250.12 (2); 251.03 (10m); 251.04 (2) (g), (L), (n), and (o), (3) (L) (Note), (4) (a) 1. to 4., (6) (a) 6m. (Note) and 8. and (c); 251.05; 251.06 (2) (i) and (3); 251.07 (3) (e), (4) (c), (5) (a) 4. (Note) and (b) (title) and (6) (c) and (g); 251.08; 251.12 (2); 252.04 (4m) and (12); 252.06 (2); 252.07 (2) (b) 1. and 2.; 252.09; 252.41 (1) (L), (n), (o), and (p), (4) (a) 4. (Note), and (5); 252.42; 252.43 (1) (f), (2), and (3); 252.44 (3) (d), (5) (title), (e) and (Note), and (f), (6) (c) (title), (d) 1. and 3. (Note), (f) and (g); and creates ch. DCF 13; ss. DCF 202.02 (1) and (Note), (3g), (3L), (4), (5c), (5m), (7), (7m), (9d), (2m) and (Note), and (23); 202.08 (1m), (2) (ar), (e) 4. to 7., and (h), (2m), (4) (e) (Note), (f) 1., (hm), (L), and (o), (4m), (8m) (intro) and (e), (10) (a) (Note), (11) (d) (Note), (12) (k), and (15); 250.03 (3m), (5m), (17m); 250.04 (2) (a) (Note) and (bm), (3) (am) and (Note), (ar) and (im) and (Note), (6) (a) 4m., (8) (a) (Note); 250.055; 250.06 (1) (b) 4., (2) (m), (3) (a) 1. to 4. and (b), (7) (a) 1. d., (9) (f), (g), (h) and (Note), (i), (j), (k), (L), (m), and (n), (11) (b) 3m. and Table 250.06; 250.07 (3)(a) 4. and 5., (f), and (g), (4) (cm), (6) (a) 1m. and (Note). and 4.; 250.09 (3) (c) (Note) and (L); 250.11 (2) (am), (3) (c) 6m., (4) (a) 6m., and (5) (b) 6m. and (d); 251.03 (2m) and (Note), (4r), (10g), and (16m); 251.04 (2) (bm), (h) 4. to 12., (3) (am) and (Note), (ar), (jm), and (o) and (8) (a) (Note); 251.055; 251.06 (2) (gm), (im), (m), (n), (o), (6) (b) 1. (Note), (9) (g) 1. d., (10) (dm) 1. and 2.. and (11) (b) 6m. and (bm); 251.07 (3) (a) 5., (g), (h), and (i), (4) (cm), (5) (a) 4m. and 5m. and (b) 3., 4., and 5., and (6) (dm), (j) 1. (Note); 251.09 (2) (intro.) and (3) (a) 3. (Note), (c), (f), and (g); 251.13; 252.04 (1) and (Note) and (16m); 252.05 (1) (i), (j), and (k); 252.41 (1) (bm), (br), and (f) 4. to 12., (2) (am), (ar), (gm), (L) (Note), (m), (n), and (o), (4) (a) 6m.; 252.425; 252.43 (1) (h) to (m), (3m), and (4); 22252.43 (5); and 252.44 (3) (b) 4., (6) (i) 7. to 9. and (7) (b) 1m. and 5m., relating child care certification and licensing updates related to the child care development block grant and streamlining. This emergency rule was approved by the governor on September 12, 2019.
The statement of scope for this rule, SS 019-19, was approved by the governor on February 22, 2019, published in Register 758B, on February 25, 2019, and approved by Secretary Emilie Amundson on March 13, 2019. Finding of Emergency
An emergency rule is necessary to fully implement federal regulations required for funding from the Child Care Development Fund by the deadline of September 30, 2019, and to clarify language where needed to ensure proper implementation and administration of the health and safety requirements.
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Analysis Prepared by the Department of Children and Families
Explanation of Agency Authority
Section 48.651 (1d), Stats., as affected by 2017 Wisconsin Act 59, provides that the department shall promulgate rules establishing standards for the certification of child care providers. The rules shall include a requirement that a Level I certified child care provider successfully complete department−approved preservice health and safety training by no later than the date of certification. A Level II certified child care provider shall successfully complete the required training by no later than the end of the orientation period available under 42 USC 9858c (c) (2) (I) (i) (XI). Employees and volunteers of a Level I or Level II certified child care provider must also complete the required training by the end of the orientation period. Section 48.651 (1d) (b) 1. a. to j., Stats., specifies topics that must be included in the required preservice or orientation training. Subdivision 2. provides that a child care provider or employee or volunteer of a child care provider shall also complete ongoing in-service training on an annual basis, including training on the topics listed in subd. 1. a. to j. Section 48.685 (9), Stats., provides that the department may promulgate any rules necessary for the administration of the section. Section 48.686 (9), Stats., provides that the department may promulgate any rules necessary for the administration of the section. Section 48.67 (intro.), Stats., provides that 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. Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Summary of the Emergency Rule
The primary purpose of the emergency rule is to ensure that the department’s rules affecting child care certification and licensing comply with the health and safety requirements in federal regulations based on the Child Care Development Block Grant (CCDBG) Act of 2014. The emergency rule also regroups the department’s child care certification and licensing rules that address the same topics in different places, eliminate duplicative provisions, correct errors, and clarify language where needed to ensure proper implementation and administration of the health and safety requirements.
Chapters DCF 12, 13, and 40, Background Checks The CCDBG creates a new federal background check affecting child care programs. For child care programs in Wisconsin, the most significant change is the requirement that the state agency conduct the background checks. Before this change, child care and child welfare licensees conducted the background checks of prospective and existing employees and contractors under s. 48.685, Stats. To comply with federal requirements, a new state background check statute for child care programs was created at s. 48.686, Stats., and s. 48.685, Stats., continues to apply to child welfare providers. Section 48.686, Stats., also creates a new appeal process for persons subject to the background check in child care programs. The department’s current rule on caregiver background checks under s. 48.685, Stats., is in ch. DCF 12. The emergency rule creates ch. DCF 13 based on the requirements under s. 48.686, Stats., and amends ch. DCF 12 based on the removal of child care programs from the requirements under s. 48.685, Stats. The new ch. DCF 13 includes provisions on submitting a background check request to the department and the required appeal process. Under the new appeal process, a person who is determined ineligible may file an appeal with the department’s Child Care Background Unit. If denied, the person may request a department review by the department’s Assistant Secretary. If denied, the person may request a reconsideration by the department Secretary. If denied, the person may request a contested case hearing before the Division of Hearings and Appeals under ch. 227, Stats. Chapter DCF 13 also includes provisions similar to ch. DCF 12 on determining whether an offense is substantially related to the care of a child or the activities of a child care program and the process for determining whether a person has been rehabilitated from certain offenses and is eligible to hold a license or certification to operate, to work in, or to reside in a child care program. In addition, the emergency rule amends ch. DCF 40, Review of a Determination of Abuse or Neglect, to include cross-references to s. 48.686, Stats. A final determination that a person has abused or neglected a child is a bar to eligibility under both ss. 48.685 and 48.686, Stats. Chapter DCF 202, Child Care Certification The emergency rule revises ch. DCF 202, Child Care Certification, to do the following: o
By 3 months after certification or beginning to work with children in care, the following new preservice or orientation training is required:
