Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB422 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 SENATE BILL 422
5	5	September 8, 2023 - Introduced by Senators BALLWEG, STROEBEL and FELZKOWSKI,
6	6	cosponsored by Representatives GOEBEN, ALLEN, BINSFELD, BRANDTJEN,
7	7	EDMING, GREEN, GUNDRUM, GUSTAFSON, HURD, KRUG, MAGNAFICI, MAXEY,
8	8	O'CONNOR, PETERSEN, PETRYK, PLUMER, ROZAR, SCHMIDT, STEFFEN,
9	9	SUMMERFIELD, SWEARINGEN, VANDERMEER and W ICHGERS. Referred to
10	10	Committee on Mental Health, Substance Abuse Prevention, Children and
11	11	Families.
12	12	AN ACT to renumber and amend 48.67; to amend 48.65 (3) (a); and to create
13	13	48.67 (1b) and 48.67 (2m) of the statutes; relating to: the regulation of large
14	14	family child care centers.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, a person must obtain a license from the Department of
17	17	Children and Families in order to, for compensation, provide care and supervision
18	18	for four or more children under the age of seven for less than 24 hours a day. Under
19	19	current DCF rules, DCF regulates a child care center that provides care and
20	20	supervision for four to eight children as a “family child care center” and one that
21	21	provides care and supervision for nine or more children as a “group child care center.”
22	22	The rules specify, among other things, the required ratio of providers to children in
23	23	each type of child care center.
24	24	This bill requires DCF to establish a category of licensed child care centers that
25	25	provide care and supervision for four to 12 children (“large family child care
26	26	centers”). The bill requires DCF to regulate a large family child care center in the
27	27	same way that it regulates smaller family child care centers with two exceptions: 1)
28	28	DCF must require that, for a group of nine to 12 children, two employees must
29	29	provide care and supervision to the children at all times, and 2) DCF's regulation of
30	30	large family child care centers may differ from those of smaller family child care
31	31	centers to the extent necessary to safely accommodate a larger group of children. The
32	32	bill prohibits a large family child care center from providing care and supervision for
33	33	more than eight children at one time who are two years of age younger. Under the
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36	36	3 - 2 -2023 - 2024 Legislature LRB-4239/1
37	37	EHS:cdc
38	38	SENATE BILL 422
39	39	current DCF rule for family child care centers, that limit is four children at one time
40	40	who are two years of age or younger.
41	41	For further information see the state fiscal estimate, which will be printed as
42	42	an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 48.65 (3) (a) of the statutes is amended to read:
46	46	48.65 (3) (a) Except as provided in par. (c), before the department may issue
47	47	a license under sub. (1) to a child care center that provides care and supervision for
48	48	4 to 8 children or 4 to 12 children, the child care center must pay to the department
49	49	a biennial fee of $60.50. Except as provided in par. (c), before the department may
50	50	issue a license under sub. (1) to a child care center that provides care and supervision
51	51	for 9 13 or more children, the child care center must pay to the department a biennial
52	52	fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children
53	53	that the child care center is licensed to serve. A child care center that wishes to
54	54	continue a license issued under sub. (1) shall pay the applicable fee under this
55	55	paragraph by the continuation date of the license. A new child care center shall pay
56	56	the applicable fee under this paragraph no later than 30 days before the opening of
57	57	the child care center.
58	58	SECTION 2. 48.67 of the statutes is renumbered 48.67 (1m), and 48.67 (1m) (d)
59	59	2. and 3., as renumbered, are amended to read:
60	60	48.67 (1m) (d) 2. The training under par. (a) subd. 1. shall be available to a
61	61	kinship care relative, as defined in s. 48.40 (1m), upon request of the kinship care
62	62	relative.
63	63	3. For a foster parent receiving an initial license, the training under par. (a)
64	64	subd. 1. shall be completed before the first child is placed with the foster parent.
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87	87	SECTION 3
88	88	SENATE BILL 422
89	89	SECTION 3. 48.67 (1b) of the statutes is created to read:
90	90	48.67 (1b) In this section, “provider” means an individual who provides care
91	91	and supervision to children in a child care center licensed under s. 48.65 (1).
92	92	SECTION 4. 48.67 (2m) of the statutes is created to read:
93	93	48.67 (2m) (a) In the rules under sub. (1m), the department shall establish a
94	94	category of child care centers licensed under s. 48.65 (1) that provide care and
95	95	supervision for 4 to 12 children.
96	96	(b) The department shall regulate a child care center described in par. (a) in the
97	97	same way that it regulates centers that are licensed to provide care and supervision
98	98	for 4 to 8 children except for all of the following:
99	99	1. The department shall require that for a group of 9 to 12 children, 2 providers
100	100	provide care and supervision at all times.
101	101	2. The department may regulate a child care center described under par. (a)
102	102	differently from a child care center that provides care and supervision for 4 to 8
103	103	children to the extent necessary to safely accommodate a larger group of children.
104	104	(c) A child care center described under par. (a) may not provide care and
105	105	supervision for more than 8 children at one time who are 2 years of age or younger.
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