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HB0035 • 2023

Day-care certification requirement amendments.

AN ACT relating to child care facilities; providing an exception to child care facility certification for specified part-time day-care facilities; requiring rulemaking; and providing for effective dates.

Children Labor Parental Rights
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Heiner
Last action
2023-02-18
Official status
enrolled
Effective date
7/1/2023

Plain English Breakdown

The official source does not specify that DFS is directed to create rules; it only states that DFS must promulgate necessary rules.

Changes to Day-care Certification Requirements

This law creates an exception for small part-time day-care facilities from needing certification if they meet certain conditions.

What This Bill Does

  • Allows part-time day-care centers with fewer than eight children over age three or ten children over age four to not need certification through the Department of Family Services (DFS) if they follow specific rules.
  • Requires these small day-care facilities to not give out medications, prepare food for kids, and limit each child's weekly attendance to 10 hours.
  • Necessitates that all employees complete background checks through DFS, national sex offender registries, and first aid/CPR training.
  • Requires the facility to inform parents or guardians that it is not certified by DFS when a child enrolls.

Who It Names or Affects

  • Small part-time day-care facilities with fewer than eight children over age three or ten children over age four
  • Parents and guardians of children attending these day-care centers

Terms To Know

Department of Family Services (DFS)
The government agency responsible for overseeing child care facilities in Wyoming.
Certification
A process where a day-care facility meets certain standards and gets approval from the state to operate.

Limits and Unknowns

  • This law only applies to part-time day-care centers that meet specific size requirements.
  • The Department of Family Services must create rules for implementing this act, but these rules are not yet known.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0035H2001

2nd reading • Representative Northrup

Withdrawn

Plain English: The amendment changes the number of hours required for part-time day-care facilities to be certified as child care facilities, reducing the threshold from eight to six hours.

  • Changes 'eight (8)' hours to 'six (6)' hours in the certification requirement for part-time day-care facilities.
  • Reduces 'ten (10)' hours to 'eight (8)' hours where applicable.
  • The amendment text does not provide full context, so it's unclear how these changes will affect overall requirements and rules for certification of child care facilities.
HB0035SW001

Committee of the Whole • Senator Baldwin

Adopted

Plain English: The amendment changes how certain part-time day-care facilities are certified and adds new requirements for employees, including background checks and training.

  • Changes the term 'preschool' to 'day-care' in the bill text.
  • Adds a requirement that all employees complete background screenings through the central registry of abuse and neglect, national sex offender registry, and Wyoming state sex offender registry.
  • Requires first aid and cardiopulmonary resuscitation (CPR) training for all employees, including the day-care director or owner.
  • Mandates disclosure to parents or guardians that the facility is not licensed and does not follow certain regulations.
  • The amendment text does not specify which part-time day-care facilities are exempt from certification requirements.
HB0035SS001

Standing Committee • Senate Labor, Health and Social Services Committee

Corrected, Adopted

Plain English: The amendment changes the word 'preschool' to 'day-care' in two places of the bill.

  • Replaces the term 'preschool' with 'day-care' on page 1, line 3 of the bill.
  • Replaces the term 'preschool' with 'day-care' on page 2, line 1 of the bill.

Bill History

  1. 2023-02-18 LSO

    Assigned Chapter Number 37

  2. 2023-02-18 Governor

    Governor Signed HEA No. 0015

  3. 2023-02-15 Senate

    S President Signed HEA No. 0015

  4. 2023-02-14 House

    H Speaker Signed HEA No. 0015

  5. 2023-02-13 LSO

    Assigned Number HEA No. 0015

  6. 2023-02-13 House

    H Concur:Passed 53-7-2-0-0

  7. 2023-02-09 House

    H Received for Concurrence

  8. 2023-02-09 Senate

    S 3rd Reading:Passed 30-1-0-0-0

  9. 2023-02-08 Senate

    S 2nd Reading:Passed

  10. 2023-02-07 Senate

    S COW:Passed

  11. 2023-02-06 Senate

    S Placed on General File

  12. 2023-02-06 Senate

    S10 - Labor:Recommend Amend and Do Pass 5-0-0-0-0

  13. 2023-02-02 Senate

    S Introduced and Referred to S10 - Labor

  14. 2023-01-31 Senate

    S Received for Introduction

  15. 2023-01-31 House

    H 3rd Reading:Passed 56-6-0-0-0

  16. 2023-01-30 House

    H 2nd Reading:Passed

  17. 2023-01-27 House

    H COW:Passed

  18. 2023-01-25 House

    H Placed on General File

  19. 2023-01-25 House

    H04 - Education:Recommend Do Pass 7-2-0-0-0

  20. 2023-01-13 House

    H Introduced and Referred to H04 - Education

  21. 2023-01-06 House

    H Received for Introduction

  22. 2022-12-12 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0081
Bill No.:

HB0035

Effective:

Multiple Dates

LSO No.:

23LSO-0081

Enrolled Act No.:

HEA No. 0015

Chapter No.:

37

Prime Sponsor:

Heiner

Catch Title:

Day-care certification requirement amendments.

Subject:

Creates an exception to day-care facility certification.

Summary/Major Elements:

A part-time day-care facility with fewer than eight (8) children over the age of three (3) or fewer than ten (10) children over the age of four (4) is not required to be certified through the Department of Family Services (DFS) if the requirements below are met.

The facility cannot administer medications or prepare food, and must adhere to all applicable local health, safety and fire codes or regulations. The children are required to be trained to use the toilet and cannot attend day-care for more than ten (10) hours per week.

All employees must complete a central registry of abuse and neglect of children and vulnerable adults screening through DFS, a national and Wyoming sex offender registry screening and first aid and CPR training.

The facility must inform parents or guardians that the facility is not certified upon enrollment of a child.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
23LSO-0081

ORIGINAL House

ENGROSSED
Bill No
.
HB0035

ENROLLED ACT NO. 15,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to child care facilities; providing an exception to child care facility certification for specified part-time day-care facilities; requiring rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 14
‑
4
‑
102(b) by creating a new paragraph (xi) is amended to read:

14
‑
4
‑
102.

Certification required; exceptions.

(b)

W.S. 14
‑
4
‑
101 through 14
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4
‑
111 do not apply to:

(xi)

Part
‑
time day-care facilities enrolling fewer than eight (8) minors who are all over thirty
‑
six (36) months old or fewer than ten (10) minors who are all over forty
‑
eight (48) months old if the facility:

(A)

Does not administer medications to the minors;

(B)

Does not prepare food for the minors;

(C)

Requires the minors to be trained and able to use a toilet and not wear diapers;

(D)

Limits the minors to no more than ten (10) hours of day-care attendance each week;

(E)

Adheres to all applicable local health, safety and fire codes or regulations;

(F)

Requires all employees, including the day-care director or owner, to complete the following:

(I)

A central registry of abuse and neglect of children and vulnerable adults screening through the department of family services;

(II)

A national sex offender registry screening and a Wyoming state sex offender registry screening;

(III)

First aid and cardiopulmonary resuscitation training and certification. The employees and director or owner shall maintain current certification under this subdivision.

(G)

Upon enrollment of a child, discloses to the parents or guardians that the facility is not licensed and does not adhere to the regulations of the Wyoming department of family services pursuant to W.S. 14
‑
4
‑
104.

Section 2.

The department of family services shall promulgate rules necessary to implement this act.

Section 3.

(a)

Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2023.

(b)

Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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