AB 298

This bill requires child care centers and child care providers to test for lead in

drinking water and to provide potable water if lead contamination is found in order

to obtain, renew, or continue a child care center license or child care provider

certification.

Under current law, no person may for compensation provide care and

supervision for four or more children under the age of seven for less than 24 hours

a day unless that person obtains a license to operate a child care center from the

Department of Children and Families. To be licensed, current law requires a person

to meet the minimum requirements established by DCF. Under current law, a child

care center license is valid until revoked or suspended, but must be reviewed every

two years.

Current law also requires a person, other than a licensed child care center, to

be certified by DCF in order to be eligible to receive payment for providing child care

services for an individual who is determined eligible for a Wisconsin Shares child

care subsidy. To be certified, current law requires a child care provider to meet

minimum requirements established by DCF. Under current rules promulgated by

DCF, a child care provider certification is valid for two years unless revoked or

suspended, and must be renewed if the provider continues to comply with

certification standards.

This bill adds as a minimum requirement for both a child care center license

and a child care provider certification that an applicant for a new, renewal, or

continued license or certification (applicant) test drinking water for lead

contamination in a building used or to be used for child care within six months before

submitting the application. The bill defines lead contamination to be a concentration

of lead that is greater than 0.005 mg/L. Testing required under the bill must be done

in accordance with rules promulgated by the Department of Natural Resources.

Under the bill, if a test shows lead contamination, the applicant must continue

testing as required by DNR, notify parents of children under its care and supervision

of the test results that show the contamination, provide safe drinking water to the

facility until the contamination is remediated, and provide proof in its application

that the applicant has complied with these requirements. At six-month intervals

following the issuance, renewal, or continuation of the license or certification, the

applicant must demonstrate to DCF that it remains in compliance with these

requirements until a test result shows no lead contamination.