Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB364

Introduced
6/27/25  
Refer
6/27/25  

Caption

An Act to renumber and amend 48.67; to amend 48.65 (3) (a) and 66.1017 (1) (a); to create 48.67 (2m) and 101.01 (11) (e) of the statutes; Relating to: the regulation of family and group child care centers. (FE)

Summary

SB364 would change Wisconsin’s child care licensing framework by expanding the number of children that can be served in a licensed family child care center and by redefining when a facility is treated as a group child care center. Under the bill, DCF would be required to authorize licensed child care centers with sufficient staff and space to care for 4 to 12 children as family child care centers, and 13 or more children as group child care centers. The bill also directs DCF to update its administrative rules to match those new thresholds. The bill amends related statutes to align licensing fees and other statutory definitions with the new child care center size categories. It changes the biennial licensing fee structure in s. 48.65, updates the statutory definition of “family child care home” in s. 66.1017, and creates a new definition in s. 101.01 for dwellings licensed as child care centers serving not more than 12 children. It also includes nonstatutory directives requiring DCF to revise its administrative code definitions for family and group child care centers and harmonize related rules. The bill applies to new license applications and license continuations submitted on the effective date. The overall sentiment reflected in the available record is limited but appears generally supportive of expanding child care capacity and simplifying the regulatory categories for providers. The bill was introduced with a substantial number of bipartisan cosponsors, suggesting broad interest in the proposal. However, there are no committee transcripts or recorded votes in the provided materials, so there is no direct evidence of debate, amendments, or formal opposition in the available record. The main point of potential contention is the regulatory and operational impact on child care providers and DCF. Supporters may view the bill as a way to increase flexibility and allow more providers to serve additional children if they have adequate staff and space, while critics could be concerned about whether the larger size thresholds affect safety, staffing ratios, licensing oversight, or the distinction between home-based and center-based care. Because the bill also requires rule changes, implementation details would likely matter to providers, regulators, and families.

Impact

SB364 would revise Wisconsin’s child care licensing statutes by increasing the statutory capacity threshold for family child care centers from 4-8 children to 4-12 children and shifting group child care centers to 13 or more children. It would require the Department of Children and Families to update its rules and related definitions to conform to those new categories, and it would adjust licensing fee provisions tied to the revised child care center classifications. The bill would affect licensed child care providers, DCF rulemaking, and the statutory definitions used in housing and child care regulation.

Sentiment

The available context suggests a generally favorable or at least constructive posture toward the bill, as shown by its introduction with many cosponsors from both parties. There are no committee hearing transcripts or recorded votes in the provided materials, so the record does not show explicit support or opposition statements. The bill ultimately failed to pass pursuant to Senate Joint Resolution 1, but the reason for that failure is not detailed in the materials provided.

Contention

The likely areas of contention are whether expanding family child care centers to 12 children is appropriate, how the change would affect child safety and staffing expectations, and whether DCF can implement the new rules without reducing oversight. Providers may support the added flexibility and potential for increased revenue, while regulators or child welfare advocates may scrutinize whether the larger thresholds preserve adequate supervision and maintain clear distinctions between home-based and group care settings. No specific named opponents or supporters are identified in the provided record.

Companion Bills

WI AB350

Crossfiled An Act to renumber and amend 48.67; to amend 48.65 (3) (a) and 66.1017 (1) (a); to create 48.67 (2m) and 101.01 (11) (e) of the statutes; Relating to: the regulation of family and group child care centers. (FE)

Previously Filed As

WI AB350

The regulation of family and group child care centers. (FE)

WI HB5127

Children: child care; regulation of child care facilities; modify. Amends sec. 8e of 1973 PA 116 (MCL 722.118e).

WI HB2719

Providing an exception to the rules and regulations filing act for technical amendments, creating a process for certain rules and regulations to receive priority status in the adoption process, removing references to revival of rules and regulations, clarifying that the department of the budget is not required to approve proposed rules and regulations mandated by the federal government, adding references to department of corrections rules and regulations that are not subject to the act and requiring an agency submit a proposed rule and regulation to the joint committee on administrative rules and regulations prior to presentation of a bill to the legislature for ratification.

WI HB298

An Act To Amend Title 12 Of The Delaware Code Relating To The Creation, Regulation, Operation, And Dissolution Of Statutory Trusts.

WI H6531

Relief/H.H./Department of Children and Families

WI AB100

An act to amend the Budget Act of 2023 (Chapters 12, 38, and 189 of the Statutes of 2023) by amending Items 5227-122-0001 and 7502-495 of Section 2.

WI H3021

Small Business Regulatory Freedom Act

WI HB5345

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.

WI HB380

Relating To The Regulation Of Tobacco Products.

WI HB380

Relating To The Regulation Of Tobacco Products.

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