Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB389 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 389
5	5	September 1, 2023 - Introduced by Representatives GOEBEN, HURD, BINSFELD,
6	6	BRANDTJEN, EDMING, GREEN, GUNDRUM, GUSTAFSON, KRUG, MAGNAFICI, MAXEY,
7	7	O'CONNOR, PETERSEN, PETRYK, PLUMER, ROZAR, SCHMIDT, STEFFEN,
8	8	SUMMERFIELD, SWEARINGEN and VANDERMEER, cosponsored by Senators
9	9	BALLWEG and STROEBEL. Referred to Committee on Children and Families.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 48.67; to amend 48.65 (3) (a); and to create
12	12	48.67 (1b) and 48.67 (2m) of the statutes; relating to: the regulation of large
13	13	family child care centers.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, a person must obtain a license from the Department of
16	16	Children and Families in order to, for compensation, provide care and supervision
17	17	for four or more children under the age of seven for less than 24 hours a day. Under
18	18	current DCF rules, DCF regulates a child care center that provides care and
19	19	supervision for four to eight children as a “family child care center” and one that
20	20	provides care and supervision for nine or more children as a “group child care center.”
21	21	The rules specify, among other things, the required ratio of providers to children in
22	22	each type of child care center.
23	23	This bill requires DCF to establish a category of licensed child care centers that
24	24	provide care and supervision for four to 12 children (“large family child care
25	25	centers”). The bill requires DCF to regulate a large family child care center in the
26	26	same way that it regulates smaller family child care centers with two exceptions: 1)
27	27	DCF must require that, for a group of nine to 12 children, two employees must
28	28	provide care and supervision to the children at all times, and 2) DCF's regulation of
29	29	large family child care centers may differ from those of smaller family child care
30	30	centers to the extent necessary to safely accommodate a larger group of children. The
31	31	bill prohibits a large family child care center from providing care and supervision for
32	32	more than eight children at one time who are two years of age younger. Under the
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35	35	3 - 2 -2023 - 2024 Legislature LRB-3168/1
36	36	EHS:cdc
37	37	ASSEMBLY BILL 389
38	38	current DCF rule for family child care centers, that limit is four children at one time
39	39	who are two years of age or younger.
40	40	For further information see the state fiscal estimate, which will be printed as
41	41	an appendix to this bill.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 48.65 (3) (a) of the statutes is amended to read:
45	45	48.65 (3) (a) Except as provided in par. (c), before the department may issue
46	46	a license under sub. (1) to a child care center that provides care and supervision for
47	47	4 to 8 children or 4 to 12 children, the child care center must pay to the department
48	48	a biennial fee of $60.50. Except as provided in par. (c), before the department may
49	49	issue a license under sub. (1) to a child care center that provides care and supervision
50	50	for 9 13 or more children, the child care center must pay to the department a biennial
51	51	fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children
52	52	that the child care center is licensed to serve. A child care center that wishes to
53	53	continue a license issued under sub. (1) shall pay the applicable fee under this
54	54	paragraph by the continuation date of the license. A new child care center shall pay
55	55	the applicable fee under this paragraph no later than 30 days before the opening of
56	56	the child care center.
57	57	SECTION 2. 48.67 of the statutes is renumbered 48.67 (1m), and 48.67 (1m) (d)
58	58	2. and 3., as renumbered, are amended to read:
59	59	48.67 (1m) (d) 2. The training under par. (a) subd. 1. shall be available to a
60	60	kinship care relative, as defined in s. 48.40 (1m), upon request of the kinship care
61	61	relative.
62	62	3. For a foster parent receiving an initial license, the training under par. (a)
63	63	subd. 1. shall be completed before the first child is placed with the foster parent.
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86	86	SECTION 3
87	87	ASSEMBLY BILL 389
88	88	SECTION 3. 48.67 (1b) of the statutes is created to read:
89	89	48.67 (1b) In this section, “provider” means an individual who provides care
90	90	and supervision to children in a child care center licensed under s. 48.65 (1).
91	91	SECTION 4. 48.67 (2m) of the statutes is created to read:
92	92	48.67 (2m) (a) In the rules under sub. (1m), the department shall establish a
93	93	category of child care centers licensed under s. 48.65 (1) that provide care and
94	94	supervision for 4 to 12 children.
95	95	(b) The department shall regulate a child care center described in par. (a) in the
96	96	same way that it regulates centers that are licensed to provide care and supervision
97	97	for 4 to 8 children except for all of the following:
98	98	1. The department shall require that for a group of 9 to 12 children, 2 providers
99	99	provide care and supervision at all times.
100	100	2. The department may regulate a child care center described under par. (a)
101	101	differently from a child care center that provides care and supervision for 4 to 8
102	102	children to the extent necessary to safely accommodate a larger group of children.
103	103	(c) A child care center described under par. (a) may not provide care and
104	104	supervision for more than 8 children at one time who are 2 years of age or younger.
105	105	(END)
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