Wisconsin Senate Bill SB363

Wisconsin 2025-2026 Regular Session

• Introduced: 6/27/25
• Refer: 6/27/25
• Failed: 3/23/26

Caption

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

SB363 would change Wisconsin child care law to allow certified child care operators to care for up to six children under age 7, regardless of whether the children are related to the provider. Current law generally requires a child care center license when a person is paid to care for four or more children under age 7, but certified providers may currently receive Wisconsin Shares payments and, under DCF rules, care for up to six children only with limits on unrelated children. The bill would codify a broader statutory allowance for certified providers and create specific lower limits when multiple infants are present. The bill also preserves the existing licensing framework for larger child care operations by amending the general licensing trigger in s. 48.65 (1) to exclude care authorized under the new certified-provider provision. Under the new s. 48.651 (4), a certified provider could care for up to six children total, but only up to five children total if caring for three children under age 2, and only up to four children total if caring for four children under age 2. In effect, the bill expands flexibility for certified home-based child care while maintaining tighter ratios for very young children.

Impact

SB363 would amend Wisconsin statutes governing child care licensing and certification, specifically s. 48.65 (1) and create s. 48.651 (4). It would make the current DCF rule-based practice for certified child care operators part of state law, allowing more children to be served in certified settings without requiring a child care center license, while preserving licensing requirements for providers exceeding the new limits. The bill primarily affects certified child care operators, families using child care, and the Wisconsin Shares subsidy system.

Sentiment

The available context shows little recorded debate, but the bill’s sponsorship and referral suggest support for expanding child care capacity and flexibility. Because there are no committee transcripts or votes provided, there is no documented opposition or floor-level sentiment in the record here. The bill ultimately failed to pass pursuant to Senate Joint Resolution 1, indicating it did not advance to enactment despite its introduction.

Contention

The main policy issue is whether certified child care operators should be allowed to care for more children without becoming licensed child care centers. Supporters would likely view the bill as a way to increase child care availability and align statute with existing administrative practice, while critics may be concerned about child safety, especially in settings with multiple children under age 2. The bill’s age-based limits for infants suggest that the most likely area of contention is balancing child care access against supervision and safety standards for very young children.