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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 389
September 1, 2023 - Introduced by Representatives GOEBEN, HURD, BINSFELD,
BRANDTJEN, EDMING, GREEN, GUNDRUM, GUSTAFSON, KRUG, MAGNAFICI, MAXEY,
O'CONNOR, PETERSEN, PETRYK, PLUMER, ROZAR, SCHMIDT, STEFFEN,
SUMMERFIELD, SWEARINGEN and VANDERMEER, cosponsored by Senators
BALLWEG and STROEBEL. Referred to Committee on Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 48.67; to amend 48.65 (3) (a); and to create
48.67 (1b) and 48.67 (2m) of the statutes; relating to: the regulation of large
family child care centers.
Analysis by the Legislative Reference Bureau
Under current law, a person must obtain a license from the Department of
Children and Families in order to, for compensation, provide care and supervision
for four or more children under the age of seven for less than 24 hours a day. Under
current DCF rules, DCF regulates a child care center that provides care and
supervision for four to eight children as a “family child care center” and one that
provides care and supervision for nine or more children as a “group child care center.”
The rules specify, among other things, the required ratio of providers to children in
each type of child care center.
This bill requires DCF to establish a category of licensed child care centers that
provide care and supervision for four to 12 children (“large family child care
centers”). The bill requires DCF to regulate a large family child care center in the
same way that it regulates smaller family child care centers with two exceptions: 1)
DCF must require that, for a group of nine to 12 children, two employees must
provide care and supervision to the children at all times, and 2) DCF's regulation of
large family child care centers may differ from those of smaller family child care
centers to the extent necessary to safely accommodate a larger group of children. The
bill prohibits a large family child care center from providing care and supervision for
more than eight children at one time who are two years of age younger. Under the
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ASSEMBLY BILL 389
current DCF rule for family child care centers, that limit is four children at one time
who are two years of age or younger.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 48.65 (3) (a) of the statutes is amended to read:
48.65 (3) (a) Except as provided in par. (c), before the department may issue
a license under sub. (1) to a child care center that provides care and supervision for
4 to 8 children or 4 to 12 children, the child care center must pay to the department
a biennial fee of $60.50. Except as provided in par. (c), before the department may
issue a license under sub. (1) to a child care center that provides care and supervision
for 9 13 or more children, the child care center must pay to the department a biennial
fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children
that the child care center is licensed to serve. A child care center that wishes to
continue a license issued under sub. (1) shall pay the applicable fee under this
paragraph by the continuation date of the license. A new child care center shall pay
the applicable fee under this paragraph no later than 30 days before the opening of
the child care center.
SECTION 2. 48.67 of the statutes is renumbered 48.67 (1m), and 48.67 (1m) (d)
2. and 3., as renumbered, are amended to read:
48.67 (1m) (d) 2. The training under par. (a) subd. 1. shall be available to a
kinship care relative, as defined in s. 48.40 (1m), upon request of the kinship care
relative.
3. For a foster parent receiving an initial license, the training under par. (a)
subd. 1. shall be completed before the first child is placed with the foster parent.
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SECTION 3
ASSEMBLY BILL 389
SECTION 3. 48.67 (1b) of the statutes is created to read:
48.67 (1b) In this section, “provider” means an individual who provides care
and supervision to children in a child care center licensed under s. 48.65 (1).
SECTION 4. 48.67 (2m) of the statutes is created to read:
48.67 (2m) (a) In the rules under sub. (1m), the department shall establish a
category of child care centers licensed under s. 48.65 (1) that provide care and
supervision for 4 to 12 children.
(b) The department shall regulate a child care center described in par. (a) in the
same way that it regulates centers that are licensed to provide care and supervision
for 4 to 8 children except for all of the following:
1. The department shall require that for a group of 9 to 12 children, 2 providers
provide care and supervision at all times.
2. The department may regulate a child care center described under par. (a)
differently from a child care center that provides care and supervision for 4 to 8
children to the extent necessary to safely accommodate a larger group of children.
(c) A child care center described under par. (a) may not provide care and
supervision for more than 8 children at one time who are 2 years of age or younger.
(END)
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