An Act to amend 48.65 (1); to create 48.651 (4) of the statutes; Relating to: allowing certified child care operators to provide care to up to six children. (FE)
Summary
AB349 would change Wisconsin child care law to allow certified child care operators to care for up to six children under age 7 in total, regardless of whether the children are related to the provider. Under current law, a person generally needs a child care center license to care for four or more children under age 7 for compensation, while certified providers may receive Wisconsin Shares payments if they care for fewer than four children. The bill creates a new statutory exception for certified child care operators and also preserves special lower limits when very young children are involved.
Specifically, the bill allows a certified provider to care for up to six children total, but limits the total to five children if three of them are under age 2, and to four children if four of them are under age 2. It amends the licensing provision in s. 48.65 (1) and creates s. 48.651 (4) to codify these capacity rules in statute rather than leaving them solely to administrative rule. The bill was introduced in the 2025-2026 session and ultimately failed to pass pursuant to Senate Joint Resolution 1.
Impact
The bill would have expanded the legal capacity of certified child care operators under Wisconsin statutes, effectively aligning statutory law with or broadening existing DCF rule-based practice for certified providers. It would have reduced the circumstances under which a provider would need to obtain a child care center license, while still maintaining licensing requirements for larger operations and age-based safety limits for infants and toddlers. The main affected parties would be certified child care operators, families using child care, and the Department of Children and Families, which administers licensing, certification, and Wisconsin Shares-related payments.
Sentiment
No committee transcripts or recorded votes were provided, so there is no documented floor or committee debate to gauge detailed sentiment. The bill’s introduction by a broad bipartisan group of Assembly members and two senators suggests at least some cross-party interest in expanding child care flexibility. However, its final failure to pass indicates that support was not sufficient to enact the proposal during the session.
Contention
The central policy issue is whether certified child care operators should be allowed to care for more children without moving into the more heavily regulated licensed child care center category. Supporters would likely view the bill as a way to increase child care availability and give providers more flexibility, while critics may worry about safety, oversight, and whether larger group sizes should trigger licensing requirements. The bill’s age-specific caps for children under 2 suggest an attempt to address safety concerns, but the absence of recorded debate means the exact points of contention and the positions of individual lawmakers are not documented in the provided materials.
Crossfiled
An Act to amend 48.65 (1); to create 48.651 (4) of the statutes; Relating to: allowing certified child care operators to provide care to up to six children. (FE)
Children: child care; requirement for licensed child care centers, group child care homes, and family child care homes to maintain up-to-date information of immunization rates among children in their care and staff on site; provide for. Amends 1973 PA 116 (MCL 722.111 - 722.128) by adding sec. 16a.
Children: child care; child care provider funding program; create. Amends 1973 PA 116 (MCL 722.111 - 722.128) by adding sec. 13b. TIE BAR WITH: SB 0945'26