WISCONSIN ADMINISTRATIVE CODE
WISCONSIN ADMINISTRATIVE CODE
Department of Children and Families
Division of Early Care and Education
DCF 250
LICENSING RULES FOR FAMILY CHILD CARE CENTERS
With Commentary
LICENSING RULES FOR FAMILY CHILD CARE CENTERS
With Commentary Effective January 1, 2009
Section 48.65, Wisconsin Statutes, requires that persons operating child care centers, that provide care and supervision for 4 or more children under 7 years of age for less than 24 hours a day, be licensed. The statute also requires the Department of Children and Families to establish rules which must be met in order to qualify for a license and which protect and promote the health, safety and welfare of the children in a child care center.
Chapter DCF 250 is the administrative code governing Family Child Care Centers that provide care and supervision for 4-8 children for less than 24 hours a day.
The purpose of the DCF 250 Family Child Care Rule with Commentary is to help users of DCF 250 understand the intent and application of the rule. An attempt has been made to offer commentary for those rules where experience indicates clarification would be helpful. However, a commentary cannot be written to cover every situation encountered.
The portion of this publication that is numbered and in regular print is the administrative code DCF 250. The portion of the publication that is within boxes and in italicized print is commentary that was prepared by staff of the Bureau of Early Care Regulation.
There is a header on each page that contains the rule cite for the portion of the rule beginning on that page. A table of contents and an index are also included as are appendices that contain key statutes related to child care rules, a copy of DHS 12 (administrative rules governing caregiver background checks) and other appendices referenced in the rule.
The DCF 250 Family Child Care Rule with Commentary was prepared primarily as a tool for licensing specialists. However, it may also be a useful resource for family child care providers. Providers who require additional information should contact their regional licensing specialist.
This publication may be duplicated. It is also available from the Department's website: http://dcf.wisconsin.gov/childcare/licensed/Rules.HTM.
TABLE OF CONTENTS
DCF 250.01 AUTHORITY AND PURPOSE 1
(1) Included and excluded care arrangements 1
(2) Exception to the requirement 1
DCF 250.04 OPERATIONAL REQUIREMENTS 6
(1) Responsibilities and qualifications of staff. 17
DCF 250.06 PHYSICAL PLANT AND EQUIPMENT. 24
(7) Exits, doors and windows. 29
(10) Washrooms and toilet facilities. 32
(1) Program planning and scheduling. 36
(6) Vehicle capacity and supervision. 52
i
DCF 250.09 ADDITIONAL REQUIREMENTS FOR INFANT AND TODDLER CARE. 53
(1) Applicability, qualifications and general requirements. 53
(4) Diapering and toileting. 55
DCF 250.10 ADDITIONAL REQUIREMENTS FOR NIGHT CARE. 58
DCF 250.11 LICENSING ADMINISTRATION. 59
(2) General conditions for approval of license. 59
(3) Initial application for a probationary license. 59
(4) Obtaining a regular license. 60
(5) Continuing a regular license. 61
(8) License denial or revocation. 62
(9) Effect of notice to deny or revoke a license. 62
(10) Summary suspension of a license. 63
(11) Appeal of decision to deny or revoke a license. 63
DCF 250.12 COMPLAINTS, INSPECTIONS AND ENFORCEMENT ACTIONS. 65
APPENDIX A REGIONAL OFFICES. 66
APPENDIX B CACFP MEAL PATTERN REQUIREMENTS - AGES 1 TO 12. 67
APPENDIX C CACFP MEAL PATTERN REQUIREMENTS - BIRTH THROUGH 11 MO . 68 APPENDIX D CONSUMER PRODUCTS SAFETY COMMISSION (WWW.CPSC.GOV). 69
APPENDIX E REQUIRED ITEMS FOR FAMILY CHILD CARE CENTERS 70
APPENDIX F KEY STATUTES RELATED TO LICENSING CHILD CARE CENTERS 73
APPENDIX G DHS 12 CAREGIVER BACKGROUND CHECKS 85
APPENDIX H DAILY ATTENDANCE RECORD FORM 95
APPENDIX I INSTRUCTIONS FOR OBTAINING DEPARTMENT FORMS 97
APPENDIX J RESOURCES LIST 98
INDEX 99
ii
250.01
DCF 250.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to carry out licensing requirements under s. 48.65, Stats., for family child care centers. The purpose of the chapter is to protect the health, safety and welfare of children being cared for in family child care centers.
DCF 250.02 Applicability.
(1) INCLUDED AND EXCLUDED CARE ARRANGEMENTS. This chapter applies to all family child care centers, but does not include any of the following:
Note: Section 48.65(2), Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons employed to come to the home of the child’s parent to provide care for less than 24 hours per day; and counties, cities, towns, school districts and libraries that provide programs for children primarily intended for social or recreational purposes from the requirement for a license. As specified under s. 49.155(4), Stats., or s. DCF 201.04(1), programs, other than those operated by public schools, are required to be licensed by the department or certified by a county agency in order to be eligible to receive a child care subsidy.
(a) Care and supervision of children in a program that operates no more than 4 hours a week.
(b) Group lessons to develop a talent or skill, such as dance or music, social group meetings and activities and group athletic activities.
(c) Care and supervision while the parents are on the premises and are engaged in shopping, recreation or other non-work activities.
(d) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible school and holiday child care programs.
(e) Care and supervision in emergency situations.
(f) Care and supervision while the parent is employed on the premises if the parent’s child receives care and supervision for no more than 3 hours a day.
(g) Care and supervision provided at the site to the child of a recipient of temporary assistance to needy families, or Wisconsin works, who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling.
This program is also known as W-2
(2) EXCEPTION TO THE REQUIREMENT. The department may grant an exception to a requirement of this chapter when a family child care center demonstrates to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the pertinent provision in this chapter.
The Request for Exception form is the preferred format for the request. A request in the form of correspondence will be accepted as an alternative. The exception request must include the rule number for which the exception is being requested; a signature of the licensee or the person previously delegated in writing by the licensee to have the authority to sign official documents or correspondence; and the alternative provisions planned to meet the intent of the rule.
Action on implementation of the exception request may not be taken by the licensee until an affirmative response is received from the Department.
Failure to comply with the conditions of the exception could result in withdrawal of the exception and/or initiation of other enforcement actions such as forfeiture or revocation of the license.
Note: A request for an exception to a requirement of this chapter should be sent to the regional licensing representative of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.
DCF 250.03 Definitions. In this chapter:
(1) “Care” means providing for the safety and the developmental needs of a child in a family child care center.
(2) “Caregiver background check” means the retrieval of information about an individual’s past criminal conduct pursuant to s. 48.685, Stats., and ch. DHS 12 that may bear on the suitability of that individual to assume a child caregiving role or have regular contact with children at the center.
See the Department’s publication Caregiver Background Checks – Requirements for Child Care Centers. Instructions for obtaining that document can be found on Appendix J Resources List.
(3) “Center-provided transportation” means transportation in a vehicle owned by or contracted for the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.
(4) “Complaint” means an allegation of violation of this chapter or ch. 48, Stats.
(4m) “Crib” means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.
(5) “Department” means the Wisconsin department of children and families.
(6) “Emergency” means situations such: as fire, tornado, flood, extreme outdoor heat or cold, loss of building service including, no heat, water, electricity or telephone, threats to the building or its occupants, lost or missing children or a provider family situation such as a medical emergency, illness or other circumstance requiring immediate attention.
(7) “Emergency back-up provider” means a designated adult available within 5 minutes of the premises who can provide assistance in the event an emergency occurs that requires a provider to leave the premises occasionally for a short period of time.
(8) “Employee” means any adult who is compensated to provide care and supervision of children enrolled in a family child care center, including a helper or assistant to a child care provider.
(9) “Family child care center” or “center” means a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider.
See Wis. Stats. 48.65.
Centers may be licensed for 24-hour care with one provider providing care for 12 hours or less in a 24-hour period. See DCF.250.05 (3) (c) – PROVIDER HOURS OF CARE. and DCF 250.05 (3)(d) – CHILD HOURS OF CARE.
(10) “Field trip” means any experience a child has away from the premises of the center while in the care of center staff, whether a child walks or is transported.
(11) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:
(a) Abuse of alcohol or drugs.
(b) A history of a civil or criminal conviction or administrative rule violation that substantially relates to caring for children, as described in ch. DHS 12.
(c) Exercise of unsound judgment.
(d) A history of civil or criminal offenses or any other action that demonstrates an inability to manage the activities of a center.
(12) “Foster care” means care and maintenance provided to a child in a foster home pursuant to a court order or voluntary placement agreement.
250.03(13)
(13) “Foster home” means any facility that is operated by a person required to be licensed under
s. 48.62(1)(a), Stats., and that provides care and maintenance for no more than 4 foster children, or, if necessary to keep siblings together, for no more than 6 foster children.
(13m) “Hazard” means a potential source of harm that can jeopardize the health, safety or well- being of a child in care.
(14) “HealthCheck provider” means a provider of health assessment and evaluation services eligible to be certified under s. DHS 105.37(1)(a).
DHS 105.37 Certification of early and periodic screening, diagnosis and treatment (EPSDT) providers. (1) EPSDT Health Assessment and Evaluation Services. (a) Eligible providers. The following providers are eligible for certification as providers of EPSDT health assessment and evaluation services:
Physicians
Outpatient hospital facilities
Health maintenance organizations
Visiting nurse associations
Clinics operated under a physician’s supervision
Local public health agencies
Home health agencies
Rural health clinics
Indian health agencies
Neighborhood health centers
Doctor of osteopathy, M.D., D.O., P.A.
(14m) “Household member” means any person who resides, or is expected to reside, at the family child care center and who has or may have direct contact with a child in the care of the center, whether or not related to the licensee.
(15) “Inclement weather” means stormy or severe weather such as any of the following:
(a) Heavy rain.
(b) Temperatures above 90 degrees Fahrenheit.
The heat index (HI) combines air temperature and relative humidity in an attempt to determine the human-perceived equivalent temperature — how hot it feels—termed the felt air temperature.
NOAA's National Weather Service Heat Index
250.03(15)(c)
(c) Wind chills of 0 degrees Fahrenheit or below for children age 2 and above.
(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.
(16) “Infant” means a child under one year of age.
(17) “In care” means enrolled in the center, with the center providing supervision, either on or off the premises, for the safety and the developmental needs of the child or children.
(18) “Licensee” means the individual, corporation, partnership, limited liability company, non- incorporated association or cooperative that has the legal and fiscal responsibility for the operation of a center and for meeting the requirements of this chapter.
(19) “Licensing representative” means a department employee responsible for licensing family child care centers.
(20) “Mildly ill” means a child who has a common, temporary illness that is non-progressive in nature and is not listed on the communicable disease chart in appendix A of ch. DHS 145.
(21) “Night care” means any care that is offered by a licensed family child care center between 9:00 PM and 5:00 AM.
(22) “Parent” means either “parent” as defined in s. 48.02(13), Stats., or “guardian” as defined in s. 48.02(8), Stats.
(23) “Physical restraint” means the use of physical force to restrict the free movement of all or a portion of a child’s body.
(24) “Physician” has the meaning given in s. 448.01(5), Stats.
250.03(25)
(25) “Physician assistant” has the meaning given in s. 448.01(6), Stats.
Physician means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the licensing board and holding a license granted by the board. A chiropractor or physician assistant does not meet the definition of a physician.
(26) “Premises’’ means the tract of land on which the center is located, including all buildings and structures on that land.
(27) “Provider” means an adult who has met the requirements specified in s. DCF 250.05(1) in a family child care center and who provides care and supervision of the children in the care of the center.
(28) “Provider’s own children” means a provider’s natural or adopted children, foster children, stepchildren, or other children who reside in the family child care center.
(29) “Representative of the department” means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.
(30) “School-age child” means a child 5 years of age or older who is enrolled in a public or private school.
(30m) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.
(31) “Sleeping bag” means a padded fabric bag that is closed or capable of being closed on 3 sides.
(32) “Substitute” means a provider who replaces another provider on a pre-arranged basis.
(33) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene and a review of the clinical history.
(34) “Supervision” means guidance of the behavior and activities of children while awake and asleep for their health, safety and well-being by a provider who is within sight or sound of the children except as specified in ss. DCF 250.05(3)(j) and (m) and 250.07(7)(e).
(35) “Toddler” means a child at least one year of age but less than 2 years of age.
(36) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service’s centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.
Note: “Standard precautions” for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA web site at http://www.osha.gov. Information is also available from the Child Care Information Center, 1-800- 362-7353.
(37) “Volunteer” means a person who is not paid, but who agrees to give time, with or without reimbursement for expenses, to transport children attending a family child care center or to work in a family child care center.
(38) “Wading pool” means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water and used primarily for small children.
DCF 250.04 Operational requirements.
(1) TERMS OF LICENSE.
(a) The number of children in the care of a family child care center at any time may not exceed the number for which the center is licensed.
Licensed capacity may not be exceeded at any time. If a center over-enrolls on the basis of an absentee rate or has an occasional drop-in, the center must be sure that over-enrollment will not result in the center being over capacity.
(b) The age of children served by a center may not be younger or older than the age range specified in the license issued.
A license may be granted for the care of children through age 17. If a provider wishes to care for a child above or below the specified age on the license, an exception should be requested. For example, a provider who is licensed up to age 12 and wishes to care for one child age 14. The exception must be granted prior to caring for a child above or below the ages specified on the license.
If a provider wishes to be licensed to care for children aged 2 and above, and has his/her own child under age 2, an exception to the age range of the license may be granted with the condition that all the licensing rules for children under age 2 apply except for the requirement for I/T training. See commentary under DCF 250.05(1)(b)6. Provider Training Within 6 Months Caring For Infants & Toddlers.
(c) The hours, days and months of a center’s operation may not exceed those specified in the license.
A provider may care for 3 or fewer unrelated children under age 7 outside of licensed hours. Children receiving subsidy must be cared for during regulated hours.
(2) ADMINISTRATION. A licensee shall do all of the following:
(a) Comply with all laws governing the facility and its operation.
ZONING: S. 66.34, Wis. Stats., defines a family child care home as a “dwelling licensed as a child care center by the department of health and family services under s. 48.65 where is care is provided for not more than 8 children.” The statute then states in pertinent part that “No municipality may prevent a family child care home from being located in a zoned district in which a single family home is a permitted use. No municipality may establish standards or requirements for family child care homes different from the licensing standards established under s. 48.65. This subsection does not prevent a municipality from applying to a family child care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.” This law gives a municipality the power to prevent a family child care center that is not used as a residence from being located in a district zoned for residential use unless the licensee is granted a conditional use permit. Some municipalities may also require that any home-based business have a conditional use permit to operate. This is also permitted under the law. It is recommended that you contact your local municipality prior to applying for licensure.
(b) Comply with all requirements in this chapter.
(c) Ensure that all information provided to the department is current and accurate.
(d) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.
Note: The Department will provide an application after a Department representative completes the provision of pre-licensing technical assistance.
250.04(2)(e)
(e) Develop, submit to the department for compliance review, implement and provide to the parents written policies and procedures related to all of the following:
Policy Sample – Family Child Care Centers is available from the Child Care Information Center (CCIC) website http://www.dpi.state.wi.us/ccic/ccicres.html. A completed Policy Checklist - Family Child Care Centers, shall be submitted with the copy of the current policy. It is the licensee’s responsibility to ensure the department has the most current copy of the center’s policies that reflect current practices.
Current written policies and procedures that reflect current practices must be provided to the parents of enrolled children. It is recommended that policy revisions be dated and that providers obtain dates and signatures from the parents as documentation that they have received the policy revisions.
Contracts are recommended but not required. If contracts are used, submit a copy with the written policies and procedures.
1. Enrollment and discharge of enrolled children.
2. Fee payment and refunds.
3. Child and provider absences, including a procedure to contact a parent if a child is absent from the center without prior notification from the child’s parent.
4. Children’s and staff’s health care, including those policies and procedures pertaining to SIDS risk reduction, if the center is licensed to care for children under one year of age.
5. Nutrition.
6. Daily activities of the children.
7. Child guidance, including appropriate ways to manage crying, fussing or distraught children.
For information on suggested ways to manage crying, fussing or distraught children, see Appendix J Resources List.
8. Transportation of children for any purpose including field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.
9. Religious instruction or practices, if any.
10. Information related to the numbers, types and location of pets or other animals located on the premises of the center and the type of access the children will have to the pets.
Note: Under the state public accommodation law, s. 106.04, Stats., federal law and regulations related to use of federal funding, and some local anti-discrimination ordinances, denying admission on the basis of race, handicap, religion or certain other characteristics may be illegal.
(f) Develop, submit to the department for approval and implement a written orientation plan for any employees, substitutes and emergency back-up providers. The orientation plan shall cover all the items described in s. DCF 250.05(2)(a) and (b).
Note: See s. DCF 250.05(2)(a) and (b) regarding providing an orientation to employees, substitutes and emergency back-up providers.
(g) Provide written information to parents on whether a licensee has insurance coverage on the premises, on the child care operation and on vehicles if transportation is provided. Liability insurance on the child care business is required if cats or dogs are allowed in areas accessible to children during the hours of operation as specified in s. DCF 250.07(7)(h).
Note: The information provided could be included as a rider on a homeowner policy or a separate insurance policy on the child care business. A certificate of insurance or other documentation from an insurance company that indicates the number of children covered, dates of coverage and types of pets covered is acceptable.
Amounts of coverage need not be included.
Other types of acceptable documentation include a letter from the insurance agent that includes all the required information. If dogs and cats are not accessible to children, insurance is not required. See DCF 250.07(7)(h) PETS & ANIMALS – LIABILITY INSURANCE.
250.04(2)(g)Note: (continued)
Licensees should be advised that homeowner's insurance may not provide liability coverage for child care children unless specifically mentioned as a rider to the policy. Some riders provide coverage for up to 6 children only. These riders are not acceptable under 250.07(7)(h) unless the coverage is the same as the licensed capacity. The insurance coverage must state that the number of children for whom coverage is provided is at least the maximum licensed capacity of the center. (For example, if a rider indicates coverage is provided for 6 children, the center must either reduce their licensed capacity to 6 children or obtain insurance that specifies coverage for 8 children.) However, if a provider has 2 of her own children under the age of 7, an exception could be granted to continue to be licensed for 8 children with an expiration date being the date that the child turns 7. At that time the license capacity would be reduced to 7, etc. Questions about insurance should be referred to qualified insurance professionals.
(h) Post the child care license in a location where parents can see it during the hours of operation.
(i) Post next to the child care license the results of the most recent licensing inspection, including any rule violations cited by the department, any notice of enforcement action, including revocation or denial, and any stipulations, conditions, exceptions or exemptions that affect the license. Items posted shall be visible to parents.
The Non-Compliances Statement & Correction Plan must remain posted until the next Non- Compliances Statement and Correction Plan or Compliance Statement is issued.
(j) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.
(k) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.
(L) Submit to the department by the department’s next business day a completed Background Information Disclosure form and appropriate caregiver background check fees when a person aged 10 and above becomes a household member.
(m) Submit to the department by the department’s next business day a completed Background Information Disclosure form for each current household member who turns age 10.
Note: For more information about caregiver background checks refer to the administrative rule under ch. DHS 12. Information on how to obtain a copy of the Background information Disclosure form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(3) REPORTS. The licensee shall report to the department all of the following. If the report is made by telephone, the licensee shall submit a written report to the appropriate regional licensing office within 5 business days of the incident. Fax, e-mail and letter are acceptable ways of filing a written report:
The licensing rules spell out what must be reported to the department and the time frames for making those reports. The licensing specialist will review any report made and may conduct a follow-up investigation to determine whether licensing violations have occurred or a situation exists that has the potential to cause harm to a child. Follow-up investigation may involve a site visit, a review of additional documentation submitted by the licensee, a review of police reports or county investigations or interviews with staff members or parents.
(a) Any death of a child in care, or any incident or accident that occurs while the child is in the care of the center that results in an injury that requires professional medical treatment, within 48 hours of the licensee becoming aware of the medical treatment.
Note: The licensee may use either the department’s form, Accident Report — Child Care Centers, available from any regional licensing office in Appendix A, the department’s web site, http://dcf.wisconsin.gov or the licensee’s own form to report incidents, accidents and deaths.
250.04(3)(a)Note: (continued)
"Professional medical treatment" means being seen for evaluation or treatment by a health care professional such a physician, physician assistant, dentist, nurse, etc.
It is recommended that a center include information on the details of what happened to cause the injury when making the written report. Examples of details that should be included in this report are: date and time, detailed description of what caused the injury, any witnesses, what action was taken by the provider at the time of the incident or accident.
(b) Any damage to the premises that may affect compliance with this chapter, within 24 hours after the occurrence.
Damage to the premises which might require a report includes fires that require the services of the fire department and other disasters such as boiler explosion, car driving through and into buildings, flooding, tornadoes, roof collapse, etc.
(c) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.
Note: See s. DCF 250.11(6)(a) for items that affect a condition of the license.
Note: It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling.
(d) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and be approved by the department licensing representative.
Note: The licensing representative will notify the licensee whether a plan of correction will be required and will provide the plan of correction format with the notification.
(e) Any known convictions, pending charges or other offenses of the licensee, a provider, household member or other person subject to a caregiver background check which could potentially relate to the care of children at the center or activities of the center by the department’s next business day.
See the department’s publication Caregiver Background Checks – Requirements for Child Care Centers. Instructions for obtaining that document can be found on Appendix J Resources List.
(f) Any incident related to a child who leaves the premises of the center without the knowledge of a provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the incident.
(g) Any incident involving law enforcement within 24 hours after the occurrence that:
1. Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.
2. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.
(h) Any change in room usage, such as using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.
(i) Any suspected abuse or neglect of a child by a provider, volunteer or household member that was reported under sub. (8)(a), or any inappropriate discipline of a child by a provider, volunteer or household member including any incident that results in a child being forcefully shaken or thrown against a hard or soft surface during the child’s hours of attendance within 24 hours after the incident.
Note: See also s. DCF 250.07(2) for information on guiding children’s behavior and sub. (6)(c) regarding recording injuries in a center medical log.
(j) A change in transportation services at least 5 calendar days prior to the change. A change in transportation services shall be approved by the department.
(k) Statistical data required by the department on forms provided by the department.
250.04(3)(k)Note:
Note: The Department periodically requests statistical data from licensees. An example of the type of data collected relates to the immunization status of children in care. When the Department requests statistical data, the Department will supply the appropriate form.
(L) Seasonal closings at least 5 calendar days before the closing.
An example of “seasonal closing” is a program that decides to close for the summer.
(m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled in the child care center or a person in contact with children at the center within 48 hours.
Communicable disease information about any named child is confidential and shall not be available to other parents.
The Division of Public Health communicable disease chart lists communicable diseases that are transmitted through normal contact and must be reported to the local public health Department. The department and parents of children exposed to any communicable diseases appearing on this chart must be notified of the exposure. Instructions for obtaining the Communicable Disease Chart can be found on Appendix J Resources List.
Examples of those diseases not transmitted through normal contact are HIV Aids, Hepatitis B and C and sexually transmitted diseases.
Contact your local health department for further information.
Note: See s. DCF 250.07(6)(e)1. for other requirements relating to communicable disease reporting.
(4) PARENTS.
(a) The center shall permit parents to visit and observe the center’s operations at any time during the center’s hours of operation unless parental access is prohibited or restricted by court order.
The provider may lock the door for security.
(b) The licensee shall give parents of each enrolled child a summary of this chapter.
Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center by calling 1-800-362-7353.
(c) The licensee shall notify a parent of a child in care of all of the following circumstances:
1. The child is or has been exposed to a diagnosed or suspected communicable disease reportable under ch. DHS 145 as specified under s. DCF 250.07(6).
Communicable disease information about any named child is confidential and shall not be available to other parents.
The Division of Public Health communicable disease chart lists communicable diseases that are transmitted through normal contact and must be reported to the local public health Department. The department and parents of children exposed to any communicable diseases appearing on this chart must be notified of the exposure. Instructions for obtaining the Communicable Disease Chart can be found on Appendix J Resources List.
Examples of those diseases not transmitted through normal contact are HIV Aids, Hepatitis B and C and sexually transmitted diseases.
Contact your local health department for further information.
250.04(4)(c)1.Note:
Note: The Wisconsin Division of Public Health has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. The materials include a communicable disease chart and exclusion guidelines for child care centers. Copies of the communicable disease chart or the exclusion guidelines for child care centers are available from the Child Care Information Center 800-362-7353.
2. The child becomes ill or is injured seriously enough to require professional medical treatment. Notification shall be made immediately.
3. The child has sustained a minor injury that does not appear to require professional medical treatment. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.
4. The date, time and destination of any field trip as specified in sub. (6)(a)2.
(5) STAFF RECORDS. The licensee shall maintain a file for each provider, employee, or substitute and make the file available for review by the licensing representative. The file shall contain all of the following:
(a) A completed staff record form provided by the department.
If the licensee is a provider, a file is required.
Note: The department’s form, Staff Record — Child Care Centers, is used for recording staff information. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(b) A completed background information disclosure form provided by the department that does not reveal any information that may preclude the person’s contact with children under s. 48.685, Stats., or ch. DHS 12 prior to the first day of work and every 4 years thereafter.
Note: The department’s form, Background Information Disclosure, is used for reporting employee background information. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(c) The results of the complete caregiver background check including any report of any investigation required under ch. DHS 12 within 60 days after hire and every 4 years thereafter.
Note: If the licensee is a provider, the department is responsible for collecting the completed Background Information Disclosure form and conducting the necessary caregiver background check on the licensee.
Refer to Appendix G DHS 12 Caregiver Background Checks, and the department’s publication Caregiver Background Checks – Requirements for Child Care Centers. Instructions for this document can be found on Appendix J Resources List.
A complete caregiver background check (CBC) consists of:
Background Information Disclosure (BID) form.
Report from the Department of Justice (DOJ)
A report on letterhead from the Department of Health Services (IBIS letter) that contain information collected from various databases on offenses (other than criminal offenses) that might affect a person’s eligibility to operate or to be employed by a licensed child care center including nurse aide directory; caregiver findings of abuse or neglect of an adult client or misappropriation of a client’s property; denials or revocations of operating licenses for child programs; rehabilitation review findings; DRL status of professional credentials, licenses or certificates.
Any subsequent investigation such as police reports, court reports, final disposition.
Employment decision in writing if crimes are involved.
In addition to the CBC it is recommended to check circuit court access at www.wcca.wicourts.gov.
(d) Documentation of the actual hours a provider, substitute, employee or volunteer has worked and whose time is used to meet the applicable staff to child ratio under Table DCF 250.05.
(e) Except as provided under par. (f), a physical examination report on a form provided by the department that was completed within 12 months prior to or 30 days after the person became licensed or began working with children. The report shall be dated and signed by a licensed physician, physician’s assistant or HealthCheck provider. The report shall indicate all of the following:
1. That the person is free from illness detrimental to children, including tuberculosis.
250.04(5)(e)2.
2. That the person is physically able to work with young children.
Physical examinations may be signed by medical (M.D.), osteopathic (D.O.) or HealthCheck Providers as listed below. Chiropractors are prohibited by statute from giving physical examinations unless they are an M.D. or D.O.
An initial physical exam and TB test is required. Subsequent physical exams and TB tests are not required.
Per Division of Health, there are 2 different types of TB testing that will meet this requirement. The Manitou Skin test or the Quantiferon Gold Blood Assay test. If either test is indicates previous exposure to tuberculosis, an evaluation by a physician should be done rather than a chest x-ray.
This evaluation must conclude that the person does not have active TB in order for the person to continue to provide care to children.
See DCF 250.02(14) for definition of HealthCheck Provider.
Note: The department’s form, Staff Health Report — Child Care Centers, is used for recording physical examination information. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(f) The health examination requirement under par. (e) does not apply to a provider who requests an exemption from par. (e) based on the provider’s adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.
According to the "Christian Science Committee on Publications for Wisconsin" the Christian Science faith is the only religion that qualifies under this exemption. Evidence of exemption is presented through a Christian Science form entitled "Application for Exemption from Physical Examinations and Immunization.”
(g) Documentation of the entry level training requirements under s. DCF 250.05(1)(b).
Documentation of training could a Registry certificate that specifies the person is qualified as a family child care provider; copies of completion postcards issued by the Registry for non-credit department-approved courses called Introduction to the Child Care Profession, Fundamentals of Family Child Care and, if the center is licensed to care for children under age 2, Fundamentals of Infant and Toddler Care or copies of transcripts issued by an institution of higher education. See DCF 250.04 (5) (k) – REQUIREMENT FOR REGISTRY CERTIFICATE.
If an employee or volunteer is not counted in the staff-to-child ratio, the staff file does not need to contain entry-level training documentation.
(h) Documentation of the training required under s. DCF 250.05(1)(b)7. in shaken baby syndrome prevention.
(i) For persons who transport children, a copy of the person’s driver’s license and driving record that is obtained by the licensee under s. DCF 250.08(3)(b).
See DCF 250.04 (3) – DEFINITION OF CENTER-PROVIDED TRANSPORTATION and DCF 250.04(3)(b) – ANNUAL REQUIREMENT FOR A DRIVING RECORD.
Parent volunteers used to transport children are not required to have a driving record on file. Information on how to obtain driving records may be obtained by contacting the Department of Transportation at (608) 261-2566 or http://dot.wisconsin.gov/drivers/drivers/online.htm.
(j) Documentation of the continuing education required under s. DCF 250.05(1)(b) 4. and 5.
The Department forms, Staff Continuing Education Record - Child Care Centers or Continuing Education Record - Independent Reading / Video Viewing may be used to document compliance with continuing education requirements. See Appendix I for instructions on obtaining department forms.
250.04(5)(k)
(k) For persons licensed or beginning work with children on or after January 1, 2009, a certificate from The Registry. Substitutes are not required to have a Registry certificate until they have worked for 240 hours.
A person has 6 months after becoming licensed or beginning to work with children to obtain a Registry Certificate. Information about obtaining a Registry certificate can be found on The Registry’s website: http://www.the-registry.org/
A Registry certificate issued before January 1, 2009 that indicates the person is qualified as a family child care provider is acceptable.
(6) CHILDREN’S RECORDS.
(a) The licensee shall maintain a current written record at the center on each child enrolled, including the provider’s own children under age 7, and shall make the record available to the licensing representative on request. Each record shall include all of the following:
Administrative rules do not relate to the office management or record keeping techniques of a center. Required records must be maintained for the length of time the child is enrolled, be on the premises for children in care and be available to the licensing specialist for review.
It is recommended that the date of discharge be added to the child’s record and that the center retain records for 3 years after a child is discharged.
1. Enrollment information and health history on a form provided by the department. The enrollment information and health history shall be on file prior to the child’s first day of attendance.
Note: The department’s forms, Child Care Enrollment and the Health History and Emergency Care Plan, are used for recording enrollment and health history information. Information on how to obtain department forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A. See s. DCF 250.07(6)(L)5. for information on sharing information related to a child’s special health care needs.
Enrollment information should include both parents if applicable. If parental access is denied, it is recommended that a current copy of the court order be on file at the center.
2. Parental authorization for the child to participate in and be transported for field trips and other activities if these are part of the program.
Note: The department’s form, Child Care Enrollment, includes a blanket authorization to take children on field trips. The department’s form, Field Trip or Other Activity Notification, or another type of notification such as a note to a parent may be used to provide specific information about a field trip. Information on how to obtain department forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
3. A written agreement, signed by the parent, outlining the plan for a child to come to the center from school, home or other activities and to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or the child is transported by the center.
The provider should plan for situations when a child fails to arrive as scheduled from school or another activity. A parent may authorize other persons to drop-off or pick-up a child through a note or on the Child Enrollment form. If a child is transported by a school bus, taxi or transportation company that may have various individuals providing the transportation, then the written agreement should specify the transportation agency as the authorized pick-up or drop-off “person.”
Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child Care, or the licensee’s own form for securing the parent’s signed agreement. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
250.04(6)(a)4.
4. Documentation of each child’s immunization history and, except for a school-aged child, the most recent physical examination.
Note: See DCF 250.07(6)(L)1. and 2. for information on frequency of health exams. The department’s form, Child Health Report — Child Care Centers, is used to document a child’s health exam. Information on how to obtain the department form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
The Department of Health Services form, Day Care Immunization Record, may be used to record immunizations. An electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health care provider may be used in place of the Day Care Immunization Record form.
Under s. 252.04, Stats., and ch. DHS 144, the immunization record for each child must be on file no later than 30 school days (6 calendar weeks) after the first day of a child’s attendance.
Evidence of a health exam may include a form or a printout from a child’s medical record that includes the date of the exam, the child’s name and the name of the health professional who conducted the exam. No exception is required for the use of a form that is not the department’s form Child Health Report or for an electronic health examination record.
5. Written permission from the parents under s. DCF 250.07(6)(k) for medical attention to be sought for the child if the child is injured.
6. For an infant or toddler, a current statement from the parent on a form provided by the department about the infant or toddler’s habits of eating, sleeping, toileting and communication, and specific techniques that appear to comfort the child.
Note: The department’s form, Intake for Child Under 2 Years, is used for recording the infant’s or toddler’s habits. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
See 250.09(1) (c)1. Infant & Toddler – Individualized Care
(b) The licensee shall maintain a current, accurate written record of the daily attendance on a form prescribed by the department that includes the actual time of arrival and departure for each child for the length of time the child is enrolled in the program.
Note: The department’s form, Daily Attendance Record — Child Care, is used for recording a child’s daily attendance. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
The Daily Attendance Record must be up-to-date and must include each time a child (including the provider’s own child under age 7) is checked in to and out of care at the facility throughout the day (e.g., preschool, swim lesson, etc.). It is acceptable to use a child’s first name and last initial may be used on the attendance record instead of first and last name.
When transportation is provided by the center, a child is considered to be in the care of the center when the child is placed in the vehicle at the pick-up location and is released from care when the child is dropped of at his/her final location at the end of the child care day. Daily attendance records must include the actual time of pick-up and drop-off.
250.04(6)(c)
(c) The licensee shall maintain a medical log book with pages that are lined and numbered and a stitched binding. A provider shall record in ink any injuries received by a child, evidence of unusual bruises, contusions, lacerations or burns received by a child in or out of center care or medication dispensed to a child in the medical log and sign or initial each entry. Pages may not be removed or lines skipped.
Not every injury will be apparent immediately. A good rule of thumb is to record every accident / incident. For example, a child bumps his/her head and no mark or bump is readily apparent but there is the potential for a mark, bump or bruise to develop. This accident should be recorded.
Any head injury is considered an “emergency,” and parents should be notified as soon as possible.
Entries regarding a specific child made in a medical log book must be available to that child’s parent in accordance with DCF 250.04 (7) (b). To protect a child’s confidentiality, centers are strongly encouraged to have separate entries for each child involved in an incident such as biting. When parents ask to review the medical log book, the center should have a procedure for ensuring that a parent reviewing the record for his/her own child does not see information about another child in care.
In addition to providing accountability to the parents and the department, bound books and recording as specified may be admissible in court as evidence in case of civil suit.
The log should be kept as long as the center is in operation.
For directions on maintaining a medical log, see Medical Log – Directions for Use. Instructions on how to obtain this document can be found on Appendix J Resources List.
Reference DCF 250.07(6) (k) 1.
Note: Licensees may obtain information about maintaining a medical log book by contacting the Child Care Information Center at phone number 800-362-7353.
Note: See sub. (8) of this section for requirements related to reporting suspected child abuse or neglect, and s. DCF 250.07(6)(b)2. for information on recording in the medical log book.
(7) CONFIDENTIALITY.
(a) The licensee is responsible for compliance by the center with s. 48.78, Stats., and this subsection.
(b) The licensee shall ensure that all of the following occur:
1. Persons having access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subdivision does not apply to any of the following:
a. The parent or person authorized in writing by the parent to receive the information.
b. Any agency assisting in planning for the child when informed written parental consent has been given.
c. Agencies authorized under s. 48.78, Stats.
A licensed child care facility may give access to confidential information regarding an individual in care to a public school, social welfare or law enforcement agency or the Department of Children and Families. A social welfare agency is a county department of social or human services, an Indian tribal social service agency or agent or a licensed child welfare agency under contract with the county department. A law enforcement agency is a sheriff or police department.
2. A parent, upon request, has access to all records and reports maintained on his or her child.
Every parent has a right to their child’s school, medical and dental records. The only exceptions to this rule are if a court specifically orders that a parent does not have access to the child. It is recommended that a copy of such an order be on file at the center.
3. All records required by the department under this chapter for licensing purposes are available to the licensing representative.
250.04(8)
(8) REPORTING CHILD ABUSE.
(a) A licensee or provider who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in ss. 48.02(1) and 48.981(1), Stats., shall immediately contact the county department of social services or human services or local law enforcement agency in compliance with s. 48.981, Stats.
Licensees, employees and volunteers are mandated reporters under the law.
A mandated reporter who witnesses or who has reasonable knowledge to suspect that a child has been abused or neglected is required to contact the proper authority (county department of social or health and human services or law enforcement.) immediately.
The witness or the person who has reasonable knowledge to suspect that a child has been abused or neglected should be the person to make the report.
See Wisconsin Statute 48.981
(b) The licensee shall document that each provider and substitute has received training at least every 2 years in all of the following:
1. Child abuse and neglect laws.
2. How to identify children who have been abused or neglected.
3. The procedure for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.
Review of the brochure It Shouldn’t Hurt To Be a Child is sufficient to meet the requirements for training in child abuse or neglect identification and reporting procedures (initial and date brochure upon completion) or use Continuing Education Record – Independent Reading/Video Viewing form to document compliance. Training may also involve local child protective services, law enforcement or other agencies that provide continuing education experiences. See Appendix I for instructions on obtaining department forms. Training may be counted as continuing education.
Note: Failure of the licensee to report known or suspected child abuse or neglect does not lessen the legal duty of a child care employee to report known or suspected cases of child abuse or neglect. Information related to child abuse may be obtained from the Child Care Information Center by calling 1-800-362-7353.
Note: See sub. (6)(c) of this section for information about logging evidence of unusual bruises, contusions, lacerations or burns received by a child in or out of center care in the center medical log book.
DCF 250.05 Staffing.
(1) RESPONSIBILITIES AND QUALIFICATIONS OF STAFF.
(a) Minimum age and competence. A family child care provider shall be physically, mentally and emotionally able to provide responsible care to all children, including children with disabilities, and shall be at least 18 years of age.
(b) Training.
An employee or volunteer who assists in the child care center but is not counted in the staff-to-child ratio is not considered a “provider” and is not required to meet the training requirements in this section.
See DCF 250.04 (6) (a) – STAFF FILES.
1.a. A provider shall have satisfactorily completed 3 credits of broad-based early childhood training or a non-credit course in caring for children approved by the department before receiving a license or working with children.
Note: The non-credit course called Introduction To The Child Care Profession is the non-credit course in caring for children that has been approved by the department. Acceptable broad-based early childhood education courses taken for credit include child development, child psychology or introduction to early childhood education. Information on agencies offering department-approved courses is available on the department’s website at http://dcf.wisconsin.gov.
b. A person licensed or beginning to work with children after January 1, 2009, shall have satisfactorily completed a non-credit course in operating a child care business approved by the department or its equivalent before becoming licensed or working with children.
Note: The non-credit course entitled Fundamentals of Family Child Care is the non-credit course in operating a child care business that has been approved by the department. Information on agencies offering the department-approved course is available on the department’s website at http://dcf.wisconsin.gov.
Equivalent courses could include a credit-based business training course, a course in the WI Child Care Administrator Credential or a course in center administration taken as part of an associates or bachelor’s degree in early childhood education.
If a person was qualified as a child care provider before January 1, 2009, the person remains qualified after January 1, 2009 without an exception. A Registry certificate issued before January 1, 2009 indicating the person is qualified as a family child care provider is acceptable documentation that the person has met the requirement for courses in early childhood education and the business of operating a family child care center.
2. If more than one provider is required to meet the staff-to-child ratios, each additional provider shall meet the training requirements as specified under this paragraph.
Second providers have 6 months after beginning work to complete the required training.
3. A substitute or volunteer used to meet staff-to-child ratios need not meet the training requirements specified in this section until the substitute or volunteer has worked in the center for 240 hours, except that the substitute or volunteer used to meet staff-to-child ratios shall complete department-approved training in shaken baby syndrome prevention before providing care and supervision to children under age 5.
The 240 hours is cumulative, not each year. Training must be complete at the time the individual reaches 240 hours. Documentation of the hours worked must be kept on file at the center.
4. A provider shall receive and document having received 15 hours of continuing education each year in child growth and development, early childhood education, caring for children with disabilities, or first aid as approved by the department. This training may include attendance at training events, workshops, conferences, consultation with community resource people or observation of child care programs. Up to 5 hours of independent reading or watching educational materials may be used to meet continuing education requirements.
250.05(1)(b)4. continued
The calendar year January to December is considered a continuing education year.
The requirement for 15 hours of continuing education each year does not become effective until the regular license is issued. However, continuing education taken during the probationary period may be counted towards the first year's requirement. Attendance at meetings such as support group meetings may be counted as continuing education if the meeting is related to training on a topic related to caring for children or operating a business. Only that portion of the meeting devoted to the training topic may be counted.
Fifteen hours of continuing education each year may be documented by class card, certificate, transcript, or Registry bar code. The form, Staff Continuing Education Record, may be used to document continuing education hours.
The required 10 hour Infant/Toddler, child abuse training and CPR course may be counted toward the continuing education requirement of 15 hours.
Continuing education hours or credit courses may be used to meet the continuing education requirement during the year in which the hours are earned and for the 2 years following that year. Hours spent in observation in another program which results in college credits (such as in the mentor/protégé program) may not be counted, but the college credit will count. Credits should be converted to hours—for instructions on how to obtain Credit to Hour Conversion – Technical Colleges and Universities, see Appendix J Resources List.
The department does not approve agencies or trainers for continuing education.
The Continuing Education Record – Independent Reading / Video Viewing form available on the department’s website may be used to document each child care-related book, magazine, article, DVD or video tape that is read/viewed as part of an employee’s continuing education effort. This may include time spent in study to develop a program and curriculum. It does not include time spent in the preparation of activities or instruction with children.
Time spent doing research in the child development associate credential (CDA) process can be counted as a part of the 5 allowed hours. Time spent assembling the portfolio in the CDA process does not count toward continuing education.
The topic addressed by the continuing education experience must be one that would prepare a person to function better in their role as family child care provider and small business person.
Note: The licensee may use either the department’s form, Staff Continuing Education Record-Child Care Centers, or the licensee’s own form to document the completion of continuing education. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
5. A provider shall obtain within 6 months of licensure or date of hire and maintain a current certificate of completion for a department-approved course in infant and child cardiopulmonary resuscitation including training in the use of an automated external defibrillator. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours.
The Department of Health Services, Bureau of Emergency Medical Services (BEMS) approves agencies to offer the CPR with Automated External Defibrillator (AED) training as required by the statutes. A list of currently approved agencies is available on the BEMS website http://dhs.wisconsin.gov/ems/License_certification/CPR.htm. The training must result in a certificate of completion. If the certificate of completion does not have a date specifying the length of time for which it is valid, the CPR training must be renewed every year. If the center does not serve infants, the CPR training could be child/adult CPR.
Substitutes will need to have CPR training after they have worked in a center for 240 hours. Emergency back-up providers are not required to have CPR training.
250.05(1)(b)6.
6. Within 6 months of becoming licensed or working in a center licensed to care for children under age 2, a provider shall have completed at least 10 hours of department-approved training in the care of infants and toddlers.
Fundamentals of Infant and Toddler Care is the non-credit, department-approved training. Credit- based training in the care of children under age 2 is also acceptable.
If the only child under age 2 is the provider’s own child and the center is not licensed to care for children under age 2, the 10 hours of infant/toddler training are not required. An exception to the age range on the license to care for his/her own child under age 2 should be in place. If a license is amended to include care of children under age 2, the training must be completed within 6 months of the license amendment date.
7. Before becoming licensed or providing care and supervision to children under age 5, a provider, substitute, volunteer, emergency back-up or any other person providing care and supervision to children in a family child care center shall have completed department-approved training in shaken baby syndrome prevention unless the person has documentation of completion of one of the non-credit, department-approved, entry-level courses that contain the required materials taken after July 1, 2005.
Note: Introduction to the Child Care Profession and Fundamentals of Infant and Toddler Care are the names of the non-credit, department-approved, entry-level courses that contain the required shaken baby syndrome prevention materials. Information on agencies offering the department-approved courses is available on the department’s website at http://dcf.wisconsin.gov.
(c) Volunteers. No person may offer child care training as specified in this section unless the person and the course have been approved by the department.
(2) STAFF DEVELOPMENT.
(a) Orientation of employees, volunteers and substitutes. Each employee, volunteer, or substitute shall receive an orientation before beginning work. The orientation shall be documented on a form provided by the department and kept in the employee file. The orientation shall cover all of the following:
Note: See s. DCF 250.04(2)(f) relating to a written plan for orientation.
1. Names and ages of all the children in care.
2. Current arrival and departure information for each child enrolled including the names of people authorized to pick up the child.
3. A review of children’s records including emergency contact information.
4. Specific information relating to children’s special health care needs including medications, disabilities or special health conditions.
5. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.
6. An overview of the daily schedule including meals, snacks, nap and any information related to the eating and sleep schedules of infants and toddlers enrolled in the center.
7. A review of the center’s procedures for dealing with emergencies.
8. The procedure for reporting suspected abuse and neglect of a child.
9. The plan for evacuating sleeping children, if the center is licensed to care for children between the hours of 9 PM and 5 AM.
10. The procedure to contact a parent if a child is absent from the center without prior notification of the absence from the parent.
11. Review of center policies required under s. DCF 250.04(2)(e).
12. Review of this chapter.
13. Review of s. DHS 12.07(1) which requires a provider to notify the licensee as soon as possible but no later than the provider’s next working day when any of the following occurs:
a. The provider has been convicted of a crime.
250.05(2)(a)13.b.
b. The provider has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.
c. The provider has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.
d. A professional license held by a provider has been denied, revoked, restricted or otherwise limited.
Note: The department’s form, Staff Orientation Checklist — Family Child Care Centers, is used to document completion of employee orientation. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
An orientation plan for employees, volunteers and substitutes is not required if the licensee is the only person providing child care.
(b) Orientation of emergency back-up providers. Each time an emergency situation occurs, each emergency back-up provider shall receive an orientation immediately before being left alone with the children. The orientation shall cover all of the following:
Note: See s. DCF 250.04(2)(f) relating to a written plan for orientation.
1. Names and ages of all the children in care.
2. Arrival and departure information for each child in care including the names of people authorized to pick up the child.
3. Location of children’s files including emergency contact information, consent for emergency medical treatment and any special health care needs.
4. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.
(3) SUPERVISION.
(a)1. A provider may not be engaged in any other activity or occupation during the hours of operation of the center, except for daily maintenance of the home.
Daily maintenance of the home does not include time-consuming tasks which would prevent the provider from supervising and interacting with children. Acceptable tasks include dusting, floor sweeping, meal preparation and clean up and laundry.
Home-based occupations may not be practiced during hours of operation (such as, but not limited to, Mary Kay cosmetics, Avon, Tupperware).
HOME SCHOOLING or CHILDREN ATTENDING a VIRTUAL (ON-LINE) SCHOOL: Home
schooling is defined as a program of educational instruction provided to a child by the child's parent or guardian or by a person designated by the parent or guardian. A virtual school or cyberschool describes an institution that teaches courses entirely or primarily through online methods. The program must provide 875 hours of instruction in a sequentially-progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health each school year. Licensed family child care in a home where the provider's own children are receiving home-based education or virtual schooling may be permitted if the following conditions are met:
The department is notified in writing that home-schooling or attendance through a virtual school is occurring.
Any Home-based instruction provided by the provider does not take place during hours of center operation.
2. The licensee may not combine the care of children enrolled in the child care center with foster care of other non-related children or adults without the prior written approval of both licensing agencies.
Care of adult family members will be reviewed on a case-by-case basis.
250.05(3)(b)
(b) A provider shall be awake whenever children are in care.
(c) No individual provider may take care of children for more than 12 hours in any 24-hour period.
A license may be granted for more than 12 hours in a 24-hour period if a second qualified provider cares for and supervises children after 12 hours.
See DCF 250.04(5)(d) – STAFF FILE – DAYS, HOURS WORKED.
(d) No child may be in care for more than 12 hours in any 24-hour period.
An exception may be granted to a child care center for a child or children to be in care for more than 12 hours in a 24-hour period if a local business or corporation operates a 12-hour work shift for their employees or if the department determines that granting an exception would support the circumstances and the family. The exception does not need to be individual to each child if the exception is granted in relation to employees of a specific business. A written parental request for care in excess of 12 hours must be on file at the center.
(e) Except when a substitute is providing care, at least one provider who has completed the training required under s. DCF 250.05(1)(b)1. shall supervise children at all times. Substitutes shall have completed the training in shaken baby syndrome prevention required under s. DCF 250.05(1)(b)7. before working as a substitute.
(f) No person under 18 years of age may be left in sole charge of the children.
(g) The center shall have a plan approved by the department for ensuring supervision of the children in an emergency or during a provider’s absence.
See DCF 250.04(2)(e)3. POLICY SUBMITTED AND IMPLEMENTED – ABSENCES; DCF 250.05(2)(b) EMERGENCY BACK-UP PROVIDER – ORIENTATION and DCF 250.03(7) for the
definition of emergency back-up provider.
(h) A provider and any other adult in contact with children may not consume beverages containing alcohol or any non-prescribed controlled substance specified in ch. 961, Stats., or be under the influence of any alcohol or a non-prescribed controlled substance, during the hours of the center’s operation.
(i) Each child shall be closely supervised by a provider to guide the child’s behavior and activities, prevent harm and assure safety.
Electronic listening devices may be used for supervising sleeping children. Consideration should be given to the quality of the device, proximity and accessibility of provider and noise levels that may interfere with the provider's ability to hear.
See DCF 250.03(33) – SUDDEN INFANT DEATH SYNDROME DEFINITION; DCF 250.05(3) (j) – OUTDOOR SUPERVISION and DCF 250.07(7) (e) – PETS AND ANIMALS – SUPERVISOIN.
(j) A provider shall be outside with children and provide sight and sound supervision of the children unless the children are playing inside the enclosed outdoor area on the premises, as specified under s. DCF 250.06(11)(b).
The provider may supervise school-age children in or outside of the enclosed area from within the house if the provider is within sight or sound and the children have been informed of the boundaries. The provider must be able to guide the behavior and activities of the children as specified in the definition of supervision under DCF 250.03(34).
It is expected that children will play inside any enclosed area on the premises. If children are riding tricycles or other riding toys on a driveway or sidewalk or using sidewalk play items such as sidewalk chalk, they may play outside the enclosed area on an occasional basis.
250.05(3)(k)
(k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.
Centers may accept a fax or phone call from the parent with proper ID presented at time of pick up. The Department recommends documentation of the telephone call and that identification of the person picking up a child was checked.
(L) The licensee shall implement a procedure to ensure that the number, names and whereabouts of children in care are known to the provider at all times.
(m) A provider shall be outside with children providing sight and sound supervision of the children when a wading pool with water in it is present in the outdoor play space specified in s. DCF 250.06(11)(b).
(4) STAFFING AND GROUPING.
(a) At no time may more than 8 children be in the care of the center. This total includes:
1. All children under 7 years of age, including a provider’s own children.
All licensing rules apply to the provider’s own children under age 7 including DCF 250.07(2)(a) GUIDING CHILDREN’S BEHAVIOR; DCF 250.08(5) and (6) regarding transportation of children; DCF 250.09 regarding care of infants and toddlers. See DCF 250.03(28) for the definition of provider’s own children.
2. All children 7 years of age or older who are not a provider’s own children.
See DCF 250.03(9) for the definition of family child care center.
Overlap periods in which more than 8 children are in care is a violation of the rule. Providing care for more than 8 children is in conflict with Commercial Building Codes, local zoning ordinances and staff-to-child ratios.
VISITING CHILDREN: There may be times when neighborhood or school playmates who are age 7 or older are on the premises to visit the provider’s own children. There is no rule violation in these circumstances.
Children age 7 or older who visit the child care center to play with children in care (not the provider’s own children), or to act as a “helper” for the provider, are considered to be in the care of the provider. When children under age 7 are present to visit the provider’s own children without an accompanying adult to supervise them, the licensing specialist may ask for the name and telephone number of parents or caregivers for these children to help determine whether the children are actually in the care of the licensed provider.
There may be occasions when a non-resident adult will visit the child care center bringing along his/her own children under the age of 7. Children must be properly supervised when a provider is visiting with another adult. Appropriate consideration must be given to the children’s activities during these visits.
Individual situations will be evaluated on a case-by-case basis.
JOINT ACTIVITIES WITH MORE THAN ONE LICENSED/CERTIFIED PROVIDER: Licensing
rules do not permit family child care centers to combine at one licensed premises for joint activities if the number of children present will exceed 8 because the building codes for a family child care center were designed for no more than 8 children in care at one time. Having more than 8 children present requires that the Wisconsin Commercial Building Codes for 9 or more children in care be followed.
As an alternative to meeting at a family child care center, we suggest that providers planning activities for multiple groups of children use a location off the premises of a licensed family child care center, e.g., the public library or local park. These types of activities, off the premises of a licensed facility, would be considered a field trip and the building code requirements would not apply.
250.05(4)(b)
(b) The maximum number of children that one provider may care for is specified in Table 250.05.
A child who is enrolled in a 4 year old kindergarten (4K) program may be considered a school-age child once the child turns age 5, even if this occurs during the 4K school year.
An exception may never be granted to exceed the licensed capacity of 8 children.
(c) If the size of the group or the age distribution of the children exceeds the number that may be served by one provider, an additional qualified provider shall be present.
Note: For example, if there are 3 children under age 2 present at one time and 5 children between the ages of 2 years and 6 years present, a second provider is required. At no time may the maximum number of children in care exceed 8.
See DCF 250.05(1)(b)2. PROVIDER TRAINING – ADDITIONAL REQUIRED PROVIDER; DCF 250.04(5) STAFF FILE – MAINTENANCE & AVAILABILITY.
The qualified second provider may be a person under the age of 18 who has successfully completed the DPI approved Assistant Child Care Teacher course, documented by a certificate from DPI. This person may not be left in sole charge of children.
(d) Each provider may care for no more than 2 children under age 2 when care is provided on a level that is more than 6 feet above or below the ground level. A center may care for 3 or 4 children under age 2 when care is provided on a level that is more than 6 feet above or below the ground level only if there is more than one qualified provider.
Note: Section DCF 250.06(4)(e) requires an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.
Table DCF 250.05
Maximum Number of Children in Family Child Care per Provider
Children Under 2 Years of Age | Children 2 Years of Age and Older | Maximum Number of Additional School-age Children In Care For Fewer Than 3 Hours a Day | Maximum Number of Children |
0 | 8 | 0 | 8 |
1 | 7 | 0 | 8 |
2 | 5 | 1 | 8 |
3 | 2 | 3 | 8 |
4 | 0 | 2 | 6 |
DCF 250.06 Physical plant and equipment.
(1) BUILDING.
(a) Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department’s issuance of a license.
Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.
The Building Inspection Report – Child Care Centers form may be used to document compliance with the applicable Wisconsin Commercial Building Codes.
Individual communities may determine what a one- or two-family dwelling is. In some municipalities, a one- or two-family dwelling is defined as a building that was built as a home regardless of whether someone lives in that building. In other communities, a one- or two-family dwelling is defined as a building currently used as a residence. It is recommended that a licensee check with and obtain documentation from the local municipality specifying how a one- or two-family dwelling is defined to determine whether or not the commercial building codes apply.
(b) Space and temperature.
1. A center shall have at least 35 square feet of usable floor space per child. This space shall be exclusive of passageways, bathrooms, lockers, storage areas, the furnace room, that part of the kitchen occupied by stationary equipment, and space occupied by furniture that is not intended for children’s use.
2. The inside temperature of the center may not be less than 67 degrees Fahrenheit.
A minimum temperature of 67 degrees Fahrenheit is determined by a thermostat reading. In rooms without thermostats, 67 degrees Fahrenheit is to be determined as follows:
Temperature is to be to be measured at 24 inches above the floor level.
Infant and Toddler Rooms: Measure 6 inches above the floor.
Room without windows: Temperature taken in center of a room.
Room with windows: Temperature taken one foot away from windows and at the center of room and then averaged.
Series of rooms with only one thermostat: The coldest room must comply with the 67 degrees Fahrenheit minimum.
3. If the inside temperature exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with fans or other means if the center is not air conditioned.
Caution should be exercised regarding placement and condition of fans. Opening windows is not sufficient to circulate the air.
(2) PROTECTIVE MEASURES.
(a) Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.
High-energy/efficiency furnaces are cool to the touch and, unless there are other features of the furnace that pose a hazard, they do not need to be protected.
(b) Firearms, ammunition or other potentially dangerous items located on the premises shall be kept in locked storage and may not be accessible to children.
Trigger locks alone do not constitute locked storage. Separate storage for ammunition and firearms is recommended. Examples of acceptable locked storage are: locked gun cabinets, locks on gun cases, locked rooms/closets. Attics and / or rafters may be approved by exception.
250.06(2)(c)
(c) Materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.
Any personal care items labeled “keep out of reach of children” should be placed out the sight of children and out of their reach. This includes personal care items typically kept in the bath/shower area. It is recommended that only shampoos, conditioners, hand soaps and toothpaste that are not labeled “keep out of reach of children” be kept in any bathroom used by child care children.
Alcoholic beverages and any items labeled "poisonous" or "keep out of reach of children" and items in spray cans are considered harmful to children and may not be accessible to children.
Safety latches are an acceptable method to make items “inaccessible.”
For instructions on obtaining Common Plants – What’s Poisonous, see Appendix J Resources List. The UW Hospital Poison Control Center’s 24-hour emergency phone number is 1-800-222-1222.
(d) The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local rescue squad, fire department, police department, law enforcement agency, poison control center and emergency medical service, posted near each telephone.
If a center is located in a community with 911 service, the only phone numbers required to be posted are 911 and poison control It is recommended that the street address for the center and the phone number for the local child protective services agency be listed near the phone as well.
A working telephone is defined as a phone that is capable of making and receiving phone calls. Cell phones and cordless phones may be used as the only phone in a center if the phone is fully charged and there are no dead spots in the center that would prohibit calls from being received or made. If a cell phone or cordless phone is used as the only working phone in a center, the emergency numbers need to be conspicuously posted in an area readily visible to the provider and on the phone back.
Cell phones or cordless phones must remain at the center when children are present. When all the children are on a field trip, the phone may be carried by the provider.
Centers are not required to answer phone calls received during child care hours, but they must specify the procedure for receiving information from parents if they use an answering machine or voice mail service.
The statewide toll-free information number for poison control is 1(800)-222-1222.
(e) The center’s indoor and outdoor child care space shall be free of hazards including any recalled products.
Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at http://datcp.state.wi.us/core/consumerprotection/consumerprotection.jsp or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.
See DCF 250.03(13m) for the definition of hazard. Licensing staff will not conduct a detailed review of equipment and materials to determine whether items in the center have been recalled. It is the licensee’s responsibility to ensure that they are aware of any recalled products and to remove them from the areas occupied by children.
ASBESTOS: If there is suspicion of asbestos hazard, inspection and testing should be required and appropriate containment and abatement practices should be employed. The DNR has an asbestos abatement specialist who can provide additional direction and information on Div. 2-Asbestos Abatement Section 02080 in relation to air monitoring exposure levels and clean up procedures. For a list of DNR offices, see http://www.dnr.state.wi.us/org/caer/cs/ServiceCenter/SSby Region.html.
OUTDOOR PLAY AREAS: See 250.06(11)(b)3. – OUTDOOR PLAY SPACE – POTENTIAL SOURCE OF HARM
Radon testing is recommended, but not required.
250.06(2)(f)
(f) A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.
(g) Differences of elevation, including open sides of stairways, elevated platforms, walks, balconies and mezzanines shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.
Railings are required when the differences in levels exceed 18 inches. Differences in elevation can occur inside or outside.
If it is a commercially manufactured piece the meets ASTM (American Society for Testing Materials) standards, as proven by documentation regarding height requirement we would accept with out exception. If it does not meet the ASTM standards then you must meet rule requirements.
Differences in elevation on outside decks and porches must meet this requirement only if children play on them. For example, a front porch that is only used by children and their parents to enter and exit the center need not have railings. However, railings are recommended.
(h) Smoking is prohibited anywhere on the premises of a center when children are present.
Note: Section DCF 250.03(25) defines a “premise” as a building and the tract of land on which the building is located.
(i) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.
(j) If a hot tub is located in a room or area that is not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.
A lock that cannot be opened by children will be considered “inaccessible to children.”
(k) The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.
LEAD PAINT: Homes which were built prior to 1980 may contain lead-based paint. The licensee should check with the local city or county health department for the proper procedure to eliminate lead.
When painted surfaces (built-ins, walls, ceilings, floors, stairs) are torn out or old paint is sanded, it is strongly recommended that abatement practices be initiated. When painted surfaces are peeling or deteriorating, samples of paint chips may be analyzed by the Laboratory of Hygiene in Madison or another certified laboratory.
For more information on asbestos or lead regulations, training, certification, work practices, inspections, or other asbestos or lead related questions, please use the following contact information: Division of Public Health, Bureau of Environmental & Occupational Health, Asbestos And Lead Unit, P.O. BOX 2659, MADISON WI 53701-2659, Phone: (608) 261-6876, Fax: (608) 266-9711, E-
Mail: plicasbestoslead@dhfs.state.wi.us
(3) EMERGENCIES. Each center shall have a written plan for taking appropriate action in the event of a fire or tornado, missing child or other emergency. The center shall practice the fire evacuation plan monthly and the tornado plan monthly from April though October with the children and document when the plans were practiced.
Note: The licensee may use either the department’s form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee’s own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
250.06(3)Note: continued
The written plan should address exiting on all levels used by children in care. The plan should also address providing for the evacuation of children with special needs who may require additional assistance during an evacuation and an off-site evacuation and relocation site including a plan for family notification and reunification of children with their parents. Additionally, the plan should identify items that are recommended to be with the provider such as attendance list, emergency cards, flash light, battery operated radio or cell phone.
The recommended exit time during a fire drill is 2 minutes maximum. The tornado shelter area should be accessible and free of hazards during tornado season.
Fire departments do not do routine inspections for family child care centers.
See DCF 250.03(6) for the definition of emergency and DCF 250.10 Night Care (care provided between the hours of 9 pm and 5 am).
(4) FIRE PROTECTION.
(a) Smoke detectors shall be installed and maintained in operating condition on each level of the center and in all areas used for nap or rest periods. All smoke detectors shall be tested monthly and a record kept of the time, date and results of the test.
Note: The licensee may use either the department’s form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee’s own form to record the results of smoke detector tests. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
Smoke detectors should be installed according to manufacturer's directions.
For questions regarding the appropriate placement of smoke detectors, contact your local fire department. Fire departments do not do inspections of family child care centers.
An attached garage does not require a smoke detector unless it is identified as usable child care center space. If an attic is used only for storage, a smoke detector is not required.
If a second floor or other level of a house is rented to another occupant, statutes require each residence to have a smoke detector. DCF 250 requires a smoke detector on each level of the "center." If the center and the other occupant of the building have different addresses, DCF 250 does not apply to the 2nd address.
A door serving as a smoke barrier is not required between the basement and first floor. See DCF 250.06(4)(e) SMOKE DETECTION SYSTEM – CARE PROVIDED ABOVE OR BELOW GROUND LEVEL..
AREAS USED FOR NAP OR REST: If bedroom doors are kept open, neither a battery-operated nor an interconnected smoke detector is required in the sleeping room. However, one is required in the immediate area. If bedroom doors are closed, one battery-operated smoke detector or the interconnected smoke detector must be in the room used for sleeping even if there is an interconnected system outside the room.
(b) An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.
Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.
The provider may perform the annual inspection of the extinguisher by reading the gauge. It is recommended that the extinguisher be rotated slowly before checking the gauge. Professional inspection of the extinguisher is recommended. It is recommended that fire extinguishers be recharged or replaced every 5 years. It is recommended that the fire extinguisher be easily accessible in or near the kitchen.
Compliance with annual inspection requirements may be demonstrated by recording the inspection date on the tag of the extinguisher or on the Fire Safety and Emergency Response Documentation – Family Child Care Centers form. See Appendix I for instructions on obtaining department forms.
A larger extinguisher may be used without an exception.
250.06(4)(c)
(c) Unvented gas, oil or kerosene space heaters are prohibited.
Vented gas, oil or kerosene space heaters may be used if they are installed according to the manufacturer’s recommendation. It is recommended that written documentation that the vented space heater was properly installed be obtained from the installer, insurance agent, local fire department or building inspector.
Electric space heaters should have an automatic shut off. Flammable materials should be kept away from space heaters.
See DCF 250.06(2)(a)ELECTRICAL OR HOT SURFACE PROTECTION.
(d) A woodburning stove may be used only if it meets standards specified under s. Comm 23.045.
It is recommended that written approval of the wood burning stove installation be obtained from the installer, insurance agent, local fire department or building inspector. External wood burning furnaces do not need written approval. Treated or painted wood should not be burned because of the chemical fumes. Treated wood is green, yellow or brown.
Stoves that burn pellets, corn or other organic material should be installed according to the manufacturer’s requirements.
Stoves located in areas of the center accessible to children that are hot to the touch when used should be guarded as specified in DCF 250.06(2)(a) ELECTRICAL OR HOT SURFACE PROTECTION. Wood burning stoves are regulated in the Uniform Dwelling Code Comm 21.29-21.32
(e) The center shall be equipped with an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.
MEASUREMENTS TO DETERMINE WHETHER A LEVEL IS MORE THAN 6 FEET ABOVE OR BELOW THE GROUND LEVEL:
WINDOW EXITING (below ground level): If the window exits into a window well you must first measure from the floor of the child care space to the bottom of the exit window. Then on the outside of the building you measure from the floor of the window well to the ground outside the window well. It is also important to determine if the window well itself is more than 46 inches deep. This determination is made by measuring from the bottom of the window well to the top edge of the window well casing. If this depth measurement is more than 46 inches, the window well must be equipped with an attached ladder or steps to assist the children in exiting the window well.
STAIR EXITING (above or below ground level): In cases where stairs are used for exiting you measure the riser height of one stair and multiply by the number of steps to get the total height (ex: each riser is 6” X 13 steps = 78”. 78” divided by 12” = 6 ½ feet which is more than 6 feet and therefore an interconnected smoke detector would be required.)
If any of these measurements totals less than 6 ft then the center may care for any number of children under two per staff/child ratios without interconnected smoke detectors.
See DCF 250.06(7)(a)7.a. CARE PROVIDED IN BASEMENT – PRIMARY EXIT; DCF 250.06(7)(a)7.b. CARE PROVIDED IN BASEMENT – SECONDARY EXIT; DCF 250.05(4)(d) STAFF-TO-CHILD RATIO
– CARE PROVIDED ABOVE OR BELOW GROUND LEVEL and DCF 250.06(1)(a) COMMERCIAL BUILDING CODE..
In this section, an interconnected smoke detection system means a system where smoke detectors located on each level of the building are connected so that all connected detectors sound an alarm when one detector is activated. The system does not necessarily need to be connected to the electrical system of the house or apartment (e.g., radio-controlled or battery-operated). An interconnected smoke detector is not required in the attic portion of a house. Additional battery-operated, stand-alone detectors may be used in addition to an interconnected system.
An exception is not required if a provider’s own child under age 2 sleeps in his/her own bed on the second floor of the child care center and the center is not equipped with interconnected smoke detectors. The licensee should have a plan in the event that an emergency evacuation is necessary.
250.06(5)
(5) SANITATION. The premises, furnishings and equipment shall be free from litter and vermin and maintained in a sanitary condition and in good repair.
Vermin is defined as any of various insects, bugs, or disease carrying animals such as mice, rats, weasels, flies or roaches.
An integrated pest management program is recommended to reduce unnecessary exposure to pesticides. See www.datcp.state.wi.us/arm/agriculture/pest-fert/pesticides/school-imp.jsp for more information.
The exterior of the building should be free of openings around cables and utilities, under doors or broken windows. The garbage storage area should be free of litter, rubbish piles, burrow holes and animal droppings and should be rodent proof. Metal containers are recommended.
"In good repair" means that there are no situations such as, but not limited to, broken windows, doors, door latches, steps and railings, torn linoleum or missing tiles, flaking or deteriorating paint, leaking roofs or flooding or leaking basements in areas used for child care or emergency shelter.
(6) WATER.
(a) If the center gets its water from a private well, water samples from the well shall be tested annually by a laboratory certified under ch. DHS 165 and shall be found bacteriologically safe. The laboratory report shall be available to the department upon request.
(b) If the center is licensed to care for infants under 6 months of age, the center shall have nitrate levels in the water tested annually by a laboratory certified under ch. DHS 165. Bottled water shall be used for infants under 6 months of age if the water tests above the maximum allowable levels of nitrates.
Note: Section NR 890.09 sets the maximum allowable level of nitrate-nitrogen in public drinking water at 10 milligrams per liter (10 parts per million).
This section applies to centers that utilize private well water. Centers that use city or municipal water are not required to test their water supply.
(c) If water test results indicate the water is bacteriologically unsafe, the water shall be appropriately treated and re-tested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe.
Water samples may be tested at private laboratories or the State Lab of Hygiene, 465 Henry Mall, Madison, WI 53706; (608) 262-1293. Refer to www.dnr.state.wi.us for list of certified labs.
If the test indicates that the water is bacteriologically unsafe, the licensee shall contact the local public health department or the DNR to come up with a suitable plan of correction. Use of bottled water is a temporary solution to a well that tests bacteriologically unsafe. Wells must be treated and re-tested until they are determined to be safe.
(7) EXITS, DOORS AND WINDOWS.
(a) Exits.
1. All exits shall be clear of obstructions.
Exits, including window wells that are accepted as exits, may not be blocked with snow or other obstructions.
Plastic sheeting covering a window is not permitted for windows being used as a required second exit.
2. Each floor or level occupied by children shall have at least 2 exits.
3. Exits shall be located as far apart as practical.
4. The width of every exit door shall be at least 2 feet 6 inches.
5. The primary exit shall be a door or stairway providing unobstructed travel to the outside of the building at street or ground level.
250.06(7)(a)6.
6. The secondary exit shall be one of the following:
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
b. A door or stairway leading to a platform or roof with railings complying with sub. (2)(g), which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above ground level.
If the platform area does not meet the above specifications, see to DCF 250.06(7)(a)6.c SECONDARY EXIT – WINDOW.
c. Except in an upstairs duplex, a window that is not more than 46 inches above the floor, capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. A center located in the upstairs unit of a duplex shall have 2 exits leading directly to the ground floor or to a platform as described in subd. 6. a. and b.
An outside platform is not required for a second-floor window.
A nominal window opening is the size of the exiting area when the window is open.
The window must be capable of being opened from the inside by an adult. This includes storms and screens. If the storm or screen cannot be opened from the inside, the storm or screen may not be installed on the window serving as a second exit.
An exception may be granted to the exact dimensions of the window under the condition that the slight variation in dimensions provides a window area equal to or larger than that specified in the rule and still permits the children in care to exit. The provider should develop a plan for exiting from the secondary exit after consulting with the local fire department, and it is recommended this be addressed in the center policies.
7. If care is provided in a basement, all of the following apply:
a. The primary exit shall be a door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
b. The secondary exit shall be either a door or stairway leading to the ground level or a window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.
In the case of a basement, if a window is being used as the second exit, the window must meet the requirements of DCF 250.06(7)(a)7.b. Basement – Secondary Exit. The bottom of the window may not be more than 46 inches from the floor of the basement or there must be a permanently fixed platform. If a window well depth is greater than 46 inches, there must be a fixed platform, ladder or steps.
(b) Doors and windows.
1. Every closet door latch shall be capable of being opened by children from inside the closet.
2. Every toilet room door lock shall be designed to permit the locked door be opened from the outside in an emergency, and the opening device shall be readily accessible to a provider.
3. Windows that are capable of being opened and located in areas of the center that are accessible to children shall have screens.
If a window is locked or sealed shut and is not capable of being opened it does not need a screen.
250.06(8)
(8) FURNISHINGS.
(a) Furnishings shall be durable and safe, with no sharp, rough, loose or pointed edges.
(b) The furnishings shall include all of the following:
1. Table space and seating for each child.
Highchairs and feeding tables for infants and toddlers are included in determining the required number of chairs.
Booster seats are recommended for smaller children using adult-sized chairs at a table.
2. Storage space for equipment, cots, if used, bedding, children’s clothing and personal belongings.
Examples of storage space for play equipment are drawers, shelves, cabinets and boxes. Cots, sleeping bags and mats may be stored in closets or stacked in a room.
Outer-garment storage may be on hooks, hangers, in a clothing cubby or on a bed that is not used by children for sleeping. Personal storage may be provided in a variety of ways including baskets, round potato chip or ice cream containers, shopping bags, diaper bags, shoe boxes, knapsacks, etc.
See DCF 250.07(4)(d) NAPS – BEDDING.
3. A safe, washable cot, bed, 2-inch thick mat or sleeping bag for each child one year of age or older who naps or sleeps.
4. A safe, washable crib or playpen for each child under one year of age who naps or sleeps.
Note: See Appendix D for information related to safe cribs.
(9) KITCHENS.
(a) Equipment and utensils for preparing, serving and storing food shall be clean and equipped for the safe handling of food. Eating surfaces shall be washed before use.
(b) Reusable eating and drinking utensils shall be thoroughly cleaned with detergent and hot water and rinsed after use. Single use articles such as food containers designed to be used only once and discarded including plastic silverware, paper or styrofoam cups and plates may not be reused.
A single-use plastic container may not be used to store food if it originally contained nonfood products. A single-use plastic container used by the processor to package food may be reused for food storage if the container is smooth, easily cleanable and durable. “Cool Whip” containers and deli containers are acceptable. Single-use food storage bags are acceptable. Bags with a zip-type closure are recommended.
(c) Food shall be clean, wholesome, free from spoilage and from adulteration and misbranding, and safe for human consumption.
Meat and poultry must be processed in a facility inspected by the USDA or the state. Home-frozen foods are acceptable.
Home-canned foods may not be used for children in care except for high-acid foods including apples, apricots, berries, cherries, grapefruit, peaches, pineapple, rhubarb and tomatoes.
Fresh produce from a farmer or the provider's garden is acceptable. Home-raised eggs are acceptable by exception with parental and food program permission.
(d) Food shall be covered and stored at temperatures that protect against spoilage. Refrigerators shall be maintained at 40 degrees Fahrenheit or lower and freezers shall be maintained at 0 degrees Fahrenheit or lower.
Thermometers are recommended for each cold storage compartment to ensure that the appropriate temperature is maintained.
250.06(9)(d) continued
Prepared food should not be allowed to sit out on counters for more than 2 hours. Frozen foods shall be thawed in the refrigerator, under cold running water or on the defrost setting in a microwave oven. No frozen potentially-hazardous food may be defrosted by leaving it at room temperature.
Food should be maintained at temperatures below 40º F. or above 140º F. “Potentially-hazardous food” includes all custard-filled and cream-filled pastries, milk and milk products, meat, fish, shellfish, gravy, poultry stuffing and sauces, dressings, salads containing meat, fish, eggs, milk or milk products and any other food or food product likely to spoil quickly if not kept at the proper temperature.
(e) Leftovers shall be discarded after 36 hours unless frozen for later use.
(10) WASHROOMS AND TOILET FACILITIES.
(a) There shall be at least one toilet with plumbing and one sink with hot and cold running water available for use by the children.
If the toilet and sink are located on a floor that has not been approved for use by children, the bathroom may be used by children.
The maximum hot water temperature should not exceed 120 degrees Fahrenheit and a temperature between 100 and 105 degrees Fahrenheit is recommended. Scald-prevention devices are recommended.
When the only bathroom sink is on a second floor, the use of the kitchen sink for handwashing is not recommended but is not prohibited.
(b) Soap, toilet paper and a waste paper container shall be provided in the washroom and accessible to children.
Liquid soap is recommended. See DCF 250.07(6)(g)1. – AVAILABILITY OF INDIVIDUAL HAND TOWELS.
(11) OUTDOOR SPACE.
(a) Requirement for outdoor play space. A center shall have outdoor play space if any child is receiving care for more than 3 hours a day.
Three hours means three consecutive hours. When a program is exempt from meeting the requirement for outdoor space by virtue of three or less hours of operation, but chooses to provide an outdoor play period, rules on outdoor space apply.
(b) Required features of outdoor play space. Except when an exemption is requested and approved by the department under par. (c), a center shall comply with all of the following requirements for outdoor play space:
When family child care centers are licensed to operate on both sides/levels of a duplex or in adjoining apartments in a multi-unit apartment they need to have a scheduled outdoor play time separate from the other group of children. Staff-to-child ratios must be maintained.
1. The outdoor play space shall be on the premises of the center.
2. There shall be at least 75 square feet of outdoor place space for each child using the space at a given time. A center with a licensed capacity of 8 children is required to have a minimum of 600 square feet.
3. The outdoor play space shall be well-drained and shall be free of hazards. Structures such as playground equipment, railings, decks and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain. Wood treated with creosote, including railroad ties, may not be used in areas accessible to children.
250.06(11)(b)3. continued
See DCF 250.03(13m) for the definition of hazard.
In an outdoor play area, hazards may include, but are not limited to, basement stairwells not protected by fence or gate, lawn sprinkler valve boxes recessed several inches below ground with no cover, broken glass or cans, wood piles, holes, fences and enclosures with sharp edges or points near adjacent climbing equipment, etc. "Well drained" must be related to the season and ground conditions.
It is recommended that providers keep a receipt, a label or a copy of a label which clearly indicates the product is oil based and the date the product was purchased.
Wood treated with the oil-based products creosote and pentachlorophenol (PCP) can also be toxic. These chemicals are typically found in railroad ties and utility poles. Structures made with these materials cannot be adequately sealed and will be considered a hazard. Children should not be permitted to come in contact with wood treated with either of these products.
When there are bodies of water such as a water garden, fishpond, etc. on the premises, or the body of water is within the fenced-in play area, an exception must be requested. The request for exception will need to include a detailed plan for the protection of the children. Some of the items to be considered when writing or evaluating the exception request include evaluation of the following items:
The ages of the children as specified in the terms of the license
The location of the water garden, fish pond, etc. in relation to the usual play area of the children
The location of the exits from the building and the play area in relation to the water garden, fish pond, etc.
Any other circumstances which may affect the safety of the children.
The compliance history of the center with respect to supervision of the children and previous enforcement actions.
The exception request must include the condition that the provider or other adult be outdoors with the children under sight and sound supervision at all times. The exception request must be reviewed by the chief of the regional licensing office and shall be periodically reviewed by the licensing specialist and chief to ensure that the circumstances of the exception remain essentially the same. Exceptions may be granted on a case by case basis as determined by the licensing chief.
Failure to comply with the conditions of the exception could result in withdrawal of the exception and/or initiation of other enforcement actions such as forfeiture or revocation of the license.
See DCF 250.06(12)(a) ON-PREMISE SWIMMING POOL – USE AND ENCLOSURE and DCF 250.06(2)(i) HOT TUB – COVERED OR FENCED.
4. A permanent enclosure not less than 4 feet high shall be provided to protect the safety of children in care. Fencing, plants or landscaping may be used to create a permanent enclosure. Programs licensed prior to January 1, 2009, have until January 1, 2010, to install a permanent enclosure.
5. Concrete and asphalt are prohibited under climbing equipment, swings and slides.
Energy-absorbing ground cover beneath slides, climbing equipment and swings be in a depth and fall is recommended by the US Consumer Product Safety Commission web site http://www.cpsc.gov/.
(c) Exemption for off-premises play space.
An exemption for off-premises play space will not be approved if there is space available on the premises. An exemption for the use of off-premises play space will not be granted based solely on a restriction by a community (a covenant) for installing a fence. The licensee has other options beyond installing a fence to enclose outdoor play space such as the use of landscaping and plants.
250.06(11)(c)1.
1. In this paragraph, “main thoroughfare” means a heavily traveled street or road used by vehicles as a principal route of travel.
2. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under subd. 3. for the center’s outdoor play space.
3. A request for an exemption under subd. 2. shall be in writing and shall be accompanied by a plan for outdoor play space that does all the following:
a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.
b. Provides for adequate supervision of the children as specified in Table 250.05.
c. Provides for daily vigorous exercise in the out-of-doors for the children.
d. Describes the arrangements to meet the toileting and diapering needs of the children.
e. Affirms the center’s compliance with the requirements included in subds. 4. to 7.
Note: Send the request for an exemption, including the plan for the use of that space, to the licensing representative at the appropriate regional office of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.
4. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced swimming pools, heavily wooded areas and nearby highways and main thoroughfares.
5. There shall be at least 75 square feet of play space for each child using the space at a given time.
6. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.
7. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.
8. A center’s plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements under par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and deny the request for exemption. The department shall notify the center in writing of its decision and if it does not grant an exemption, shall state its reasons for not granting the exemption.
9. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department’s licensing representative any significant change in any circumstance described in the plan.
(12) SWIMMING AREAS.
(a) Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be surrounded by a permanent enclosure as specified under sub. (11)(b)4. In addition, the all of the following restrictions apply:
Swimming pools on the premises may be used by the provider’s own children over the age of 7 years during the hours of operation. The licensee must continue to maintain compliance with supervision and pool rules listed in this section when their own children are in the pool.
1. If access to the pool is through a gate, the gate shall be closed and locked during the center’s hours of operation.
2. If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.
3. Locks shall be located so that the locks cannot be opened by the children.
4. The free-standing wall of an above ground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.
250.06(12)(a)5.
5. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.
(b) A wading pool on the premises may be used if the water is changed daily and the pool is disinfected daily. Supervision requirements and staff-to-child ratios under s. DCF 250.05(3) and (4) shall be met.
The American Academy of Pediatrics, in the book Caring for Our Children – National Health and Safety Performance Standards for Out of Home Care, states that the use of wading pools for children is not recommended. Instead, sprinklers, hoses or water tables may be used as an alternative for water play. Standing water, in addition to posing a risk of drowning, is a breeding ground for bacteria and disease-carrying insects.
(c) A pool, wading pool, water attraction, or beach that is not located on center premises may be used by children if all of the following conditions are met:
DHS 172.03 (53) "Water attraction" means a public facility with design and operational features that provide patron recreational activity other than conventional swimming and involves partial or total immersion of the body. Types of water attractions include activity pools, interactive play attractions, leisure rivers, plunge pools, vortex pools, vanishing edge pools, waterslides, run-out slides, drop slides, pool slides, wave pools, zero-depth entry pools, and any public pool with play features except wading pools. This does not include splash pads.
1. The construction and operation of the pool meet the requirements of chs. Comm 90 and DHS 172 for public swimming pools and the beach complies with any applicable local ordinance.
2. Certified lifesaving personnel are on duty.
Lifeguards are required when children are in the water. Lifeguards may not be counted in the staff- to-child ratio.
3. While children are in the water of a pool, wading pool, water attraction, or beach, the following staff-to-child ratios for providers who can swim shall be met:
See Appendix I Instructions for Obtaining Department Forms for information on how to obtain a swimming staff-to-child ratio worksheet.
Swimming staff-to-child ratios do not apply to organized swim lessons, but regular staff-to-child ratios should be maintained in or near the pool area.
a. For children under 2 years of age: 1:1.
b. For children 2 and 3 years of age years of age: 1:3.
c. For children 4 and 5 years of age: 1:6.
d. For children 6 years of age and older: 1:8.
4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on to the number of children in the water and each child’s age.
Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department upon request. Requests may be made to the licensing representative or regional office in Appendix A.
5. A child shall be restricted to the area of the pool or beach that is within the child’s swimming ability.
Swimming ability may be determined by the parents or the center.
6. If some of the children are in the water and others are not, there shall be at least 2 providers supervising the children. One provider shall supervise the children who are in the water, and the other provider shall supervise the children who are not in the water.
DCF 250.07 Program.
(1) PROGRAM PLANNING AND SCHEDULING.
(a) A provider shall plan activities so that each child may be or do all of the following:
1. Be successful and feel good about himself or herself.
2. Use and develop language.
3. Use large and small muscles.
4. Use materials and take part in activities that encourage creativity.
5. Learn new ideas and skills.
6. Participate in imaginative play.
7. Be exposed to a variety of cultures.
8. Develop literacy skills.
Note: The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help centers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The Standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child’s progress. The Standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/ or through the Child Care Information Center at 1-800-362-7353.
Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called First Step that is available to the public 24 hours a day, 7 days a week. When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. When a provider or a parent has concerns about a child’s growth or development a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.
(b) A provider shall plan daily activities according to the age and developmental level of each child in care and shall include a flexible balance of all of the following:
A daily activities plan would include a schedule, a summary of the kinds of activities which will be planned such as outdoor play, group and individual activities, field trips, stories and other language development activities, music, art and time for child-selected free play.
If children under two years of age are in care, the plan should also include time for one-on-one interaction between the provider and the infants and toddlers.
The licensing specialist may monitor for compliance by talking with the provider or observation if a written activity plan is not available.
1. Daily indoor and outdoor activities when a child is in care for more than 3 hours except that outdoor activities are not required during inclement weather or when not advisable for health reasons.
There is no definite set of guideline that would prevent a child from going outside for health reasons. Center policies should reflect what would prohibit a child from going outside for health reasons: i.e. a written request by a parent or a written statement by a medical professional.
Children are to have time to play outdoors each day unless the weather is inclement. Consideration must be given to other conditions on the playground and include available shade, drinking water, protection from wind, etc.
See 250.03(15) for definition of “inclement weather.” In the written health policy, the center determines the temperatures when children will go outside with no more than a 5 to 10 degree variation of the temperatures included in the definition. No exception is necessary as long as the variation is no more than 5 to 10 degrees.
Center provided and maintained selection of warm outer garments is recommended for children whose parents do not provide appropriate clothing for out-of-doors.
250.07(1)(b)2.
2. Active and quiet play.
3. Protection from excess fatigue and over stimulation.
4. Individual and group activities.
If used, television programs should compliment the daily activities/curriculum. Soap operas, game shows, situation comedies, talk shows, etc. are not appropriate when children are present.
Children's videotapes and DVDs may be used, but they may not constitute a major portion of the program for children. Media should be rated to the age and developmental level of the child. See DCF 250.07(1)(b) above.
(c) Television, including videotapes and DVDs, may be used only to supplement the daily plan for children. No child may be required to watch television.
(2) CHILD GUIDANCE.
(a) Each family child care center shall provide positive guidance and redirection for the children and shall set clearly specified limits for the children. A provider shall help each child develop self- control, self-esteem and respect for the rights of others.
(b) If a provider uses time-out periods to deal with unacceptable behavior, time-out periods may not exceed 5 minutes or be used for children under age 3. Time-out procedures shall be included in the center’s written child guidance policy.
See Early Years Are Learning Years – Time Out for “Time-Out”. For information on how to obtain this document, see Appendix J Resources List.
(c) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:
1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing, or inflicting any other form of corporal punishment on the child.
2. Verbal abuse, threats or derogatory remarks about the child or the child’s family.
"Verbal abuse" includes, but is not limited to, profane, insulting or coarse language sometimes but not always delivered in a loud or threatening manner or language which is ego deflating, causing loss of self-esteem.
3. Physical restraint, binding or tying the child to restrict the child’s movement or enclosing the child in a confined space such as a closet, locked room, box or similar cubicle.
See 250.03(23) for definition of “physical restraint.”
“Physical restraint” does not include:
Briefly holding a child in order to calm or comfort the child
Holding a child’s hand or arm to escort the child from one area to another
Moving a disruptive child who is putting him/herself/others in danger and is unwilling to leave the area when other methods such as talking to the child have been unsuccessful.
Intervening or breaking up a fight.
If a child has an outburst that puts him/herself or another person in danger of harm, the center has the responsibility to protect the child and others from danger. Once a child has an outburst, we recommend that the center work with the parents to develop a plan to help manage the child’s behavior in a way that does not include the use of a physical restraint. Children may not be confined in high chairs, cribs and/or pack and plays to restrict the child’s movement.
4. Withholding or forcing meals, snacks or naps.
Children can be encouraged but not forced to try all of their food or finish one food prior to receiving seconds of a required food.
250.07(2)(c)5.
5. Actions that are cruel, aversive, humiliating or frightening to the child.
Aversive actions could be include imposing an unpleasant event each time the child exhibits inappropriate behavior.
(d) A child may not be punished for lapses in toilet training.
Note: See s. DCF 250.04(8) for information on reporting suspected child abuse and s. DCF 250.04(3)(i) for rules requiring that inappropriate discipline of a child be reported to the Department within 24 hours after the occurrence.
(3) EQUIPMENT.
(a) Safe indoor and outdoor play equipment shall be provided and shall be all of the following:
Equipment must be available for the children to play with.
Examples of unsafe play equipment include:
Metal toys with sharp edges.
Play housekeeping equipment which is coming apart.
Hard plastic toys which have broken, sharp edges.
Slides or rocking boats with protruding screws.
Swing sets with chains which are rusting through.
Permanently installed outdoor equipment which is not safely anchored.
Any object that can slide through a tube that in no larger than the size of a cardboard toilet paper roll is considered a choking hazard. It is recommended that providers check small pieces of toys or equipment by using a choke tube.
Certain pull toys may have a cord or string the length of which may present a strangling hazard to a child. Strings on cribs and pull toys should not be longer than 12 inches so that cords cannot be wrapped around necks.
1. Scaled to the size and developmental level of the children.
2. Of sturdy construction with no sharp, rough, loose, or pointed edges, in good operating condition, and anchored when necessary.
3. Placed so as to avoid danger of accident or collision and to permit freedom of action.
(b) Various types of play equipment shall be provided to allow for large and small muscle activity, dramatic play, creative expression and intellectual stimulation.
(c) Indoor play equipment shall be provided to allow each child a choice of at least 3 activities involving equipment when all children are involved in using equipment.
(d) Outdoor play equipment shall be provided to allow each child at least one activity when all children are using equipment at the same time.
Outdoor equipment may be permanently installed or equipment may be taken outdoors from the inside or a combination of both.
(e) Trampolines and inflatable bounce surfaces on the premises shall not be in areas accessible to children and may not be used by the children in care.
Bouncy chairs or inflatable items not intended for bouncing such as inflatable slides may be used. Care should be taken to ensure that children are properly supervised and the item is being used according to the manufacturer’s recommendation.
Trampolines not located in areas accessible to children in care may be used by the provider’s own children over the age of 7 during the hours of center operation.
Note: Lists suggesting kinds and numbers of equipment for centers are available from the Child Care Information Center by calling 1-800-362-7353.
250.07(4)
(4) REST PERIODS.
(a) Children under 5 years of age in care for more than 4 consecutive hours shall have a nap or rest period.
If children who are five years of age and older sleep at the parent’s request, the rules on rest periods apply. It is recommendation that the parent’s request for a nap period for children age 5 and above be written and kept in the child’s file.
(b) A provider shall permit children who do not sleep after 30 minutes and children who wake up early to get up and shall help them to have a quiet time through the use of equipment or activities which do not disturb other children.
Children will be allowed to get up off of their sleeping surface and play in a room which must be reasonably lighted.
(c) Each child who has a nap or rest period shall be provided with a bed, cot, mat at least 2 inches thick, sleeping bag, crib or playpen which is placed at least 2 feet from the next sleeping child.
Cribs and cots may be placed end to end if a solid partition separates the children. Mats may be stacked to reach the required 2 inch thickness.
Sofas may be used provided the child has a sheet/blanket or sleeping bag so that the child does not sleep directly on the sofa.
All children under 1 year of age must be placed to sleep on his or her back in a crib. If a child falls asleep in a swing or car seat, the child must be removed from the swing or car seat and placed to sleep on his or her back in a crib. Only the child’s physician may authorize a sleep position other than the back in a crib or playpen for a child under 1 year of age. Once a child is able to roll over unassisted, the child may assume the sleep position most comfortable to him/her. See DCF 250.09(1)(c) for information about infant and toddler sleep position.
See DCF 250.03(4m) and (31) for the definitions of “crib” and “sleeping bag”. See Appendix D for information on safe cribs.
(d) Each child shall be provided with an individually identified sheet and blanket or sleeping bag that may be used only by that child until it is washed. Sleeping bags and bedding shall be stored in a sanitary manner and washed at least after every 5 uses or as soon as possible if wet or soiled.
Each mat, cot or crib mattress shall be covered with the child’s individual sheet for exclusive use by that child. No child shall sleep on a bare, uncovered surface. Seasonally appropriate coverings such as sheets or blankets that are sufficient to maintain adequate warmth shall be available and shall be used by each child.
Cots, sleeping bags and 2-inch thick mats shall be long enough so the child’s head or feet do not rest off the cot, sleeping bag or mat.
See 250.03(31) for definition of “sleeping bag.”
A large adult-size blanket may be used as both sheet and blanket on a bed, cot, mat or sofa used as a bed if it is placed under and over the child.
If family beds are used, the sheet and blanket or sleeping bag should be placed over the family bedding.
(e) Infants shall sleep alone in cribs or playpens. Two related children may share a double bed. No more than one child may occupy a single size bed, cot, mat or sleeping bag.
Note: See also s. DCF 250.06(8)(b)3. and 4. which require that the cot, bed, mat, sleeping bag, crib or playpen be safe and washable.
250.07(5)
(5) MEALS AND SNACKS.
(a) Food shall be provided based on the amount of time children are present, as specified in Table 250.07.
TABLE 250.07
Meals and Snacks to be Served to Children in Family Child Care Centers
Time Present | Number of Meals and Snacks |
At least 2½ but less than 4 hours | 1 snack |
At least 4 but less than 8 hours | 1 snack and 1 meal |
At least 8 but less than 10 hours | 2 snacks and 1 meal |
10 or more hours | 2 meals and 2 or 3 snacks |
(b) Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.
The 3-hour time frame begins when the meal is served, e.g., snack at 9:00 a.m., lunch at noon, afternoon snack at 3:00.
(c) Each meal and snack shall meet the U.S. department of agriculture child and adult care food program minimum meal requirements.
Only beverages that are 100% fruit or vegetable juice may be served to meet USDA requirements for a fruit or vegetable serving. Other beverages may be served (such as water) in addition to the required components.
Note: See Appendices B and C for United States Department of Agriculture child and adult care food program minimum meal requirements. You may also contact the Department of Public Instruction Community Nutrition Services for information on the United States Department of Agriculture child and adult care food program at 608-267-9123.
(d) Accurate records of meals and snacks served to children shall be available for review by parents and the licensing representative. Written records of meals and snacks served to children must be kept for 3 months.
Documentation could be attained through food program records, written menus or a calendar listing meals and snacks served. Menus are not required to be posted. The USDA master plan is acceptable as long as it reflects meals actually served. The record must contain the meal number and the center must have a list of the meal numbers available for review by parents and the licensing staff. If the provider changes items on the plan, those changes must be documented on the meal record. If children bring their own lunch, no documentation is required.
(e) Enough food shall be prepared for each meal so second portions of vegetables, fruit, bread and milk are available to children.
USDA food program regulations specify that the USDA amounts are guides for food preparation and are not "helpings." USDA recommends that small helpings of all items be dished up and that seconds be available.
(f) When food for a child is provided by the child’s parent, the licensee shall give the parents information about the requirements for food groups and quantities specified by the U.S. department of agriculture child and adult care food program minimum meal requirements.
Centers may provide parents with a copy of Appendix B. This information may be included in the center’s policies.
(g) A child enrolled in school who is in attendance at the center when a meal or snack is served shall be offered the meal or snack.
250.07(5)(h)
(h) A special diet based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written authorization of a child’s physician and upon the request of the parent.
(i) A special diet based on a food allergy may be served upon the written request of the parent.
(6) HEALTH.
(a) Contact with others who are ill.
1. A licensee, provider, household member, employee, volunteer, visitor or parent who has symptoms of illness or of a communicable disease that may be transmitted through normal contact may not be in contact with the children in care.
2.a. A licensee, provider, household member, employee, volunteer, visitor or parent whose behavior with respect to any child, adult, animal or property, on or off the center’s premises, raises reasonable concern for the safety of the children, may not be in contact with the children in care.
b. The department may require a licensee, provider, household member or other adult in contact with the children whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment.
Note: See also s. DCF 250.11(2)(e) which requires a written statement from a physician or licensed mental health professional when there is reason to believe that the physical and mental health of a person may endanger children in care.
3. No person with a health history of typhoid, paratyphoid, dysentery or other diarrheal disease may work in a center until it is determined by appropriate medical tests that the person is not a carrier of the disease.
Typhoid is a communicable disease caused by bacteria and is marked by fever, diarrhea, headache and intestinal inflammation. Paratyphoid is salmonella that resembles typhoid fever and occurs as a food poisoning. Dysentery is severe diarrhea with blood and is caused by infection.
(b) Observation of children.
1. Each child upon arrival at the center shall be observed for symptoms of illness. For a child who appears to be ill, the licensee shall follow the procedure under par. (c).
The daily health check should include individually greeting the child, with some exchange of information about the child's health and behavior between the provider and child's parent if possible.
If the child appears to be ill, the child should not be admitted for care unless the center has been authorized to provide care for mildly ill children. See DCF 250.07(6)(d).
For information on how to obtain Exclusion Guidelines for Ill Children in Child Care, see Appendix J Resources List.
It is recommended that the provider's definition of illness be included in the center's written information to parents as well as the center's expectations for when children can return after illness.
See DCF 250.03(20) for the definition of mildly ill.
2. A provider shall note in a medical log book any injury or evidence of unusual bruises, contusions, lacerations or burns received by a child in or out of the center and any incidents requiring the services of medical personnel.
For information on how to obtain the Medical Log – Directions for Use, see Appendix J Resources List.
Note: See s. DCF 250.04(6)(c) for information on maintaining a medical log book.
(c) Ill child. Unless a center has been previously authorized to care for mildly ill children under par. (d), any child who appears to be ill shall be moved to a separate room or area and shall be provided with a bed, crib or cot and a sheet and blanket or sleeping bag. The licensee shall notify the parent or emergency contact and arrange to remove the child from the center as soon as possible.
Children must have a sheet and a blanket or a sleeping bag if the child is placed on a bed, cot or crib—or the center may have the child use just a sleeping bag.
250.07(6)(d)
(d) Care of a mildly ill child. A child who is mildly ill may be cared for at the center when all of the following conditions are met:
Children with a communicable disease may not be admitted for care unless the child has passed the period of time for communicability as specified in the Exclusion Guidelines for Ill Children in Child Care. For instructions on how to obtain this document, see Appendix J Resources List. See DCF 250.03(20) for the definition of mildly ill.
1. The space for the care of a mildly ill child is a self-contained room that is separate from children who are well.
2. The parent consents in writing.
3. The written health policy of the center allows a mildly ill child to remain at the center.
4. The center follows and implements procedures in a written plan for the provision of care to mildly ill children that has been approved and signed by a licensed physician, a family nurse practitioner or a pediatric nurse practitioner, and which covers all of the following:
a. Admissions and exclusions.
b. Staffing.
c. Staff training.
d. Monitoring and evaluation.
e. Programming.
f. Infectious disease control.
g. Emergency procedures.
5. Medical consultation is available from a physician or local health department in establishing policy for the management of mildly ill children.
(e) Communicable disease.
1. When it is determined that a person in contact with children or a child attending the center has a reportable communicable disease under ch. DHS 145, such as German measles, infectious hepatitis, measles, mumps, or meningitis, the local public health officer, the department and parents of all the enrolled children shall be notified.
For instructions on how to obtain the Communicable Disease Chart and the Exclusion Guidelines for Ill Children in Child Care, see Appendix J Resources List.
2. A licensee, provider, household member, employee, volunteer, visitor or parent or a child in care may be readmitted to the family child care center if there is a written statement from a physician that the condition is no longer contagious or if the person has been absent for a period of time equal to the longest usual incubation period for the disease as specified by the department in ch. DHS 145.
Note: The Wisconsin Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. These materials also provide additional guidance on the symptoms of each disease and information on how long an infected child shall be excluded from the center. The materials include a communicable disease chart and exclusion guidelines for child care centers. Copies of the communicable disease chart or the exclusion guidelines for child care centers are available from the Child Care Information Center 800-362-7353.
(f) Medications.
1. A provider may give prescription or non-prescription medications such as pain relievers, teething gels or cough syrup to a child only under the following conditions:
250.07(6)(f)1. continued
An anti-itch preparation may be applied to children upon authorization from the parent. The parent should supply the preparation. The preparation should be labeled with the child’s name. The authorization should include the name of the product and the instructions for administration. The application information does not need to be recorded in the center medical log.
a. A completed written authorization on a form provided by the department, dated and signed by the parent is on file. Authorizations that exceed the period of time specified on the label are prohibited.
Medication used to treat chronic illnesses or conditions such as asthma or diabetes may be authorized by a physician for an unspecified length of time. No separate doctor’s authorization for a chronic condition or illness, other than the prescription label, is required. Over-the-counter medications used to treat an on-going condition such as seasonal allergies need to be prescribed by the child’s physician or authorized in writing by the child’s physician. The written authorization must be in the child’s file. The authorization from the parent should be reviewed and re-signed when there are any changes. The parent should include information on the specific triggers that may signify the necessity for the authorized medication on the child’s health history form.
Blanket authorizations are not allowed for non-prescription pain relievers, cough and cold remedies, etc. and may not be pre-signed by parents. The medication authorization must be time specific and follow the guidelines given on the medication container.
Note: The department’s form, Authorization to Administer Medication — Child Care Centers, is used to obtain the parent’s authorization to provide medications. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
b. The medication is in the original container and labeled with the child’s name and with dosage and administration directions.
The directions on the medication should be followed according to the age group specifications. Center policies may limit administering medication exceeding age group specifications. The rule requires that the dosage instructions must be included on the medication label. For some types of over the counter medications, such as Tylenol or cold syrup, the label instructions indicate that a physician should be consulted for children under a certain age (typically under age 2).
The American Academy of Pediatrics recommends that over-the-counter multi-symptom cold products not to be used for children under the age of 6.
The Authorization to Administer Medication form has been revised to include a statement to be initialed by the child’s parent indicating the child’s physician has been consulted and the dosage instructions are consistent with the physician’s recommendation. A parent’s authorization may not exceed the time specified on the label of the medication (usually 7 – 10 days).
c. A written record, including the name of the child, type of medication given, dosage, time, date and the initials or signature of the person administering the medication shall be made in the medical log on the same day that the medication is administered.
Note: See s. DCF 250.04(6)(c) about maintaining a medical log book.
2.a. Sunscreen and insect repellent may only be applied upon the written authorization of the parent. The authorization shall include the brand and ingredient strength of the sunscreen or insect repellent. If parents provide the sunscreen or insect repellent, the sunscreen or repellent shall be labeled with the child’s name. Authorizations shall be reviewed periodically and updated as necessary. The recording of the application of sunscreen or insect repellent is not required.
Parents can supply sunscreen or insect repellent or the facility may provide it to all the children. The authorization for the application needs to include the brand name and the ingredient strength. If a new brand or strength is used, a new authorization is required.
250.07(6)(f)2.a. continued
The center health policy should address at what age children will be allowed to self-apply these items and the procedure for ensuring that the application is completed in a way that will protect children.
It is recommended that sunscreen be applied according to application instructions to ensure that children are adequately protected from sunburn.
Sunscreen and insect repellent authorizations should be reviewed at least every 6 months.
b. Children shall be protected from sunburn with protective clothing, if not protected by sunscreen.
3. Medications shall be stored so that they are not accessible to children.
4. Medications requiring refrigeration shall be kept in the refrigerator in a separate, covered container clearly labeled “medications.”
Medications should be stored at temperatures in accordance with label instructions.
5. No medication intended for use by a child in the care of the center may be kept at the center without a current medication administration authorization from the parent.
6. Medication for a child in care shall be administered by the center as directed on the label and as authorized by the parent.
If a medication authorization from the parent is in disagreement with the label instructions, the label instructions take precedence unless there is written authorization from the physician indicating a different dose or time frame.
(g) Personal cleanliness.
1.a. A child’s hands shall be washed with soap and warm running water before meals or snacks and after toileting or diapering. A child’s hands and face shall be washed after meals. Persons working with children shall wash their hands with soap and warm running water before handling food and after assisting with toileting. Towels and washcloths shall be individual to each person and used only once.
Washing in a common bucket or pan is allowed after certain activities, such as finger painting, if this preliminary washing to eliminate excess paint is immediately followed up by individual hand washing under running water with soap.
See DCF 250.09(4)(f) INFANT & TODDLER - PROVIDER HANDWASHING WHEN DIAPERING & TOILETING. and DCF 250.09(4)(i) INFANT & TODDLER - CHILD HANDWASHING AFTER DIAPERING.
For children under one year of age, hands and face may be washed with a fabric wash cloth individual to the child and to that use or with a disposable single-use wash cloth or towel. Use of running water is not required for children under one year of age.
Liquid soap is recommended.
b. If running water is not immediately available when outdoors or on field trips, soap and water- based wet wipes may be used. When running water becomes available, hands shall be washed immediately with soap and running water.
Soap and water based wet wipes are alcohol free; this will be indicated on the product label.
c. Disinfecting hand sanitizers may not replace the use of soap and water for washing hands.
2. Bodily secretions from a child shall be wiped with a disposable tissue. Whoever does the wiping shall wash his or her hands immediately.
Examples of bodily secretions are vomit, blood, nasal discharge, etc.
250.07(6)(g)3.
3. All providers shall use universal precautions when exposed to blood or bodily fluids or discharges containing blood.
4. All persons exposed to blood or bodily fluids containing blood or other types of bodily discharges shall wash their hands immediately with soap and warm running water.
5. Single use disposable gloves shall be worn if there is contact with blood-containing body fluids or tissue discharges. Hands shall be washed with soap and warm water after removal of gloves. Gloves shall be discarded in plastic bags.
“Single use disposable gloves” means non-porous gloves without obvious seams made out of latex, natural rubber or plastic in various forms.
(h) Disinfecting surfaces. Surfaces containing bodily secretions shall be washed with soap and water and disinfected with a solution of one tablespoon bleach to one quart of water, made fresh daily, or a quaternary ammonia-based disinfectant prepared according to the label instructions, or a commercially prepared disinfectant containing bleach or a quaternary ammonia product. Hands shall be washed immediately.
(i) Prohibition against sharing utensils. Cups, eating utensils, or toothbrushes may not be shared.
Toothbrushes are not required. However, if a center chooses to have children brush their teeth, toothbrushes must be labeled and/or stored so that they do not touch each other, and each child must use his/her own brush each time.
(j) Clothing and diaper changing.
1. Wet or soiled clothing or diapers shall be changed promptly from an available supply of clean clothing or diapers.
Changes of clothing may be provided by the parent or may be supplied by the center providing it is clean, gender appropriate and in a variety of sizes. If parents do not supply the clothing, the center is responsible for providing an emergency supply of clothing.
2. Section DCF 250.09(4) shall apply when a child 2 years of age or older needs attention for diapering or toileting.
(k) Injuries.
1. Written permission from the parent to call the child’s physician or refer the child for medical care in case of injury shall be on file at the center. A provider shall contact a parent of the injured child as soon as possible after an emergency has occurred or, if the injury is minor, when the child is picked up.
Any head injury is considered an “emergency” and parents should be notified as soon as possible.
Note: See DCF 250.04(3)(a) regarding reporting injuries that require medical attention to the Department within 48 hours after the occurrence.
Note: The department’s form, Child Care Enrollment, includes authorization for the center to obtain emergency medical care for a child. Information on how to obtain forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
2. Superficial wounds shall be cleaned with soap and water only and protected with a bandaid or bandage.
The administration of non-prescription medication must be at the specific direction of the parent. No medication may be given or applied to the child by the center for injuries (e.g. salves and creams) unless the parent supplies and authorizes the medication.
250.07(6)(k)3.
3. Suspected poisoning shall be treated only after consultation with a poison control center.
The statewide poison control number is (800) 222-1222. Calling 911 does not automatically connect the caller with poison control. See Common Plants – What’s Poisonous for a list of poisonous plants. Instructions on how to obtain this document can be found on Appendix J Resources List.
Activated charcoal or any other vomit-inducing substance may only be used with authorization from the poison control center.
4. The licensee shall designate a planned source of emergency medical care, such as a hospital emergency room, clinic or other constantly staffed facility and shall advise parents about that designation.
This should be included in the policies and procedures required under 250.04(2)(e) SUBMIT, IMPLEMENT AND PROVIDE POLICIES TO PARENTS.
5. A daily record of injuries including the child’s name, date and time of injury and a brief description of the facts surrounding the injury shall be kept in the center medical log book.
See commentary under 250.04(6)(c) MEDICAL LOG BOOK – MAINTENANCE and the document, Medical Log – Directions for Use. For information on how to obtain this document, see Appendix J Resources List.
Note: See s. DCF 250.04(6)(c) about maintaining a medical log book.
(L) Health examination and history.
1. Each child under 2 years of age, including each provider’s child in care, shall have an initial health examination not more than 6 months prior to nor later than 3 months after being admitted to the center, and a follow-up examination at least once every 6 months thereafter.
2. Each child 2 years of age or older, including a provider’s own children in care, shall have an initial health examination not more than one year prior to nor later than 3 months after being admitted to a center, and a follow-up health examination at least once every 2 years thereafter. School-age children are not required to have a health exam.
Children transferring to a new center are required to have an examination on file dated within the last two years.
Children 5 years old and not enrolled in public or private school must have a physical examination on file at the center.
Home schooled children would require a physical exam.
3. The health examination report shall be on a form provided by the department and shall be signed and dated by a licensed physician, physician assistant or a HealthCheck provider.
Evidence of a health exam may include a form (such as a HealthCheck provider form or the department’s form, Child Health Report) or a printout from a child’s medical record that includes the date of the exam, the child’s name and the name of the health professional who conducted the exam. No exception is required for the use of a form or report that is not the department’s form, Child Health Report.
Doctors of Osteopathy may perform physical examinations. Chiropractors are prohibited by statute from performing physical examinations.
Note: The department’s form, Child Health Report — Child Care Centers, is used to record health examination information. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
4. The health examination requirement under subd. 2. does not apply if the parents of a child request in writing that the department grant an exemption based upon the parents’ adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with the teachings of a bona fide religious sect or denomination.
250.07(6)(L)5.
5. A health history for each child, including school age children and a provider’s own children, completed by the parent shall be on file at the center by the child’s first day of attendance. Information relating to a child’s special health care needs shall be shared with any person caring for children including emergency back-up providers and substitutes. The health history shall be recorded on a form provided by the department.
Note: The department’s form, Health History and Emergency Care Plan, is used to record each child’s health history. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(m) Immunization. The center shall maintain a record of immunizations for each child to document compliance with s. 252.04, Stats., and ch. DHS 144.
Note: The department of health services form, Day Care Immunization Record, is used to record immunization information. An electronic printout from the Wisconsin Immunization Registry, or other registry maintained by a health provider may be used in place of DPH-4192 or DPH-4192S. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
Under s. 252.04, Wis. Stats., and ch. DHS 144, the immunization record for each child must be on file no later than 30 school days (6 calendar weeks) after the first day of a child’s attendance.
If children are attending a public, parochial or private school and are enrolled in a school-age child care program at the school of attendance, the immunization record will not be required to be on file at the child care center. Immunization records are required to be on file for school-age children unless the child care center is operated on school premises and the child care center has approved access to the school's vaccination records.
The Student Immunization Law s. 252.04(2), Stats., sets minimum immunization requirements for children attending child care centers. The immunization history must indicate that the child has received at least the first dose of each required vaccine or that the immunization requirement is to be waived for that child by a compliance alternative.
If a religious or personal conviction exemption is claimed by the parent, the form must indicate that exemption with a parent signature. Immunization requirements may also be waived upon signature of a physician that the child should not be immunized for health reasons. Providers may wish to use the department of health services form, Day Care Immunization Record, for those children who have a waiver for immunizations.
Children who have not received subsequent doses of vaccine appropriate to their age must receive the required subsequent doses within one year of the first day of attendance and must notify the child care center in writing as each dose is received.
When children are "in the process" of being immunized (i.e., the child has received some DPT and Polio doses but not all that are required for the child's age), the center will request a note from the child's health care provider that the child is "on schedule" for immunizations and the date for the next scheduled dose. This note will be attached to the child's child care center immunization record. A follow up on this scheduled immunization will be completed using the center's health bookkeeping system.
For those children who do not submit an immunization record within 30 school days (6 weeks) of admission; children whose record at 30 school days after admission indicates that they do not have at least the first dose of each required vaccine; and children who fall behind schedule (i.e., do not obtain an immunization which their health care provider has indicated is due on a certain date), there are two courses of action for the child care center:
As required by Wisconsin law and administrative rule, the center will notify the district attorney that a child has failed to comply with immunization requirements.
OR
The child who fails to comply with immunization requirements will be discharged (excluded) from the center until such time as immunization requirements are met.
250.07(7)
(7) PETS AND ANIMALS.
(a) Animals shall be maintained in good health and appropriately immunized against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.
Dogs and cats must be vaccinated against rabies as documented by a current vaccination certificate. Other immunizations frequently given to dogs and cats are to prevent disease which is not communicable to children. Initial rabies immunization should be administered by five months of age and within one year after the initial immunization. Subsequent immunizations are to be administered at intervals stated on the certificate of vaccination. If no date is specified, the dog shall be vaccinated within three years of the previous vaccination, as specified in s. 95.21 (2) Wis. Stats. Wisconsin law does not allow persons to vaccinate their own animals for rabies.
Pets suspected of being ill or infested with external lice, fleas and ticks or internal worms shall be removed from the center.
Cats, dogs and ferrets are required to have rabies vaccinations. Barn cats which do not come in contact with child care children are not required to be vaccinated.
(b) Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.
Examples of aggressive behaviors are: showing teeth, growling, hissing, excessive barking, hair standing up on the animals back or tail between legs.
(c) Licensees shall ensure that parents are aware of the presence of pets and animals in the center. If pets and animals are allowed to roam in areas of the center occupied by children, written acknowledgement from the parents shall be obtained. If pets are added after a child is enrolled, parents shall be notified in writing prior to the pets’ addition to the center.
Documentation may be a signature sheet on the policies or other form developed by the provider. The sheet should contain the name and breed of the animal and what kind of access the animal will have with the children. The licensee may keep this information with the pet records.
Visits to petting zoos are OK. Having pets or animals brought into the center for the purpose of exposing the children to animals must be handled carefully to ensure that the children and animals are protected.
(d) Reptiles, amphibians, ferrets, poisonous animals, psittacine birds, exotic and wild animals may not be accessible to children.
“Not accessible” means the animal may not have any physical contact with the children, including the children reaching over or through a barrier to touch the animal.
Note: Psittacine birds are hooked bill birds of the parrot family that have 2 toes forward and 2 toes backward, including macaws, grays, cockatoos and lovebirds.
(e) All contact between pets or animals and children shall be under the sight and sound supervision of a provider who is close enough to remove the child immediately if the pet or animal shows signs of distress or aggression or the child shows signs of treating the animal inappropriately.
In the event that an animal bites a child, the parent shall be notified and a veterinarian shall be contacted by center personnel to determine a course of action in the diagnosis of possible rabies in the animal. Procedures for emergency care of children shall be followed. Parents shall be notified of any action taken by the veterinarian, as well as the name, address and telephone number of the veterinarian who was consulted.
250.07(7)(f)
(f) Pets are prohibited in any food preparation or serving area when food is being prepared or served unless the pet is confined in a cage or kennel. Litter boxes are prohibited in any food preparation, storage or serving areas. Litter boxes and animal feeding dishes, excluding water dishes, may not be placed in areas accessible to children.
Bottle feeding an infant is considered “food service” which would prohibit the animal from being unconfined in the room during feeding.
Fish in an aquarium may be located in a kitchen or food service area without an exception.
(g) Indoor and outdoor areas accessible to children shall be free of pet and animal excrement.
All areas accessible to children during hours of operation, including entrance/exit areas, must be free of pet and animal excrement.
(h) Proof of liability insurance on the child care business indicating the number of children covered and the dates of coverage from an insurance carrier specifically covering the presence of dogs and cats shall be on file with the pertinent regional licensing office in appendix A if dogs or cats are allowed in areas of the center accessible to children.
A declaration page, endorsement page, certificate of insurance or a renewal sheet will all be considered “proof of insurance”. This can be an e-mail or written correspondence from the insurance agent, but it must show effective dates of insurance.
Some homeowners or rental insurance policies will not cover a business operation such as child care or will not cover the presence of cats or dogs in a child care setting. Other policies limit coverage to 6 or fewer children. The policy must specify that the coverage includes the number of children in the licensed capacity. A copy of the “exclusions” to coverage may be necessary to document that pets are not excluded from coverage.
Note: Documentation could be included as a rider on a homeowner policy or a separate insurance policy on the child care business. A certificate of insurance or other documentation from the insurance company that indicates the number of children covered, dates of coverage and types of pets covered is acceptable. Service animals used to assist persons with disabilities are not considered pets when functioning as a service animal.
(i) Licensees shall ensure that the center is in compliance with all applicable local ordinances regarding the number, types and health status of pets and animals.
DCF 250.08 Transportation.
(1) APPLICABILITY. This subsection applies to all center-provided transportation of children in care, including both regularly scheduled transportation to and from the center and field trip transportation.
When transportation is provided by the center, a child is considered to be in the care of the center when the child is placed in the vehicle at the pick-up location and is released from care when the child is dropped of at his/her final location at the end of the child care day. Daily attendance records must include the actual time of pick-up and drop-off. See DCF 250.04(6)(b) CURRENT, ACCURATE DAILY ATTENDANCE RECORD.
See DCF 250.03(3) for the definition of center-provided transportation.
Note: The department’s form, Transportation Permission — Child Care Centers, may be used to obtain parental consent for transportation when regularly scheduled transportation between the center and the child’s residence or other location is provided. Information on how to obtain a copy of the department form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(2) EMERGENCY INFORMATION. All of the following emergency information shall be carried in the vehicle for each child transported:
(a) An address and telephone number where a parent or other adult can be reached in an emergency.
(b) The name, address and telephone number of the child’s health care provider.
(c) Written consent from the child’s parent for emergency medical treatment.
Note: The licensee must use the department’s form, Child Care Enrollment, to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(3) DRIVER.
(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid Wisconsin operator’s license for the type of vehicle driven.
Valid driver's license from the state of residence is acceptable.
This is in conformity with Wisconsin Statute 121.55 which prohibits anyone under 18 years old from driving children. No exceptions will be granted.
(b) The licensee shall obtain a copy of the driving record for each driver annually and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.
See DCF 250.04 (3) – DEFINITION OF CENTER PROVIDED TRANSPORTATION. Parents and
volunteers who transport children are not required to have a driving record on file.
(c) A driver whose driving record poses a threat to the children may not transport children.
(4) VEHICLE.
(a) The licensee shall ensure that each vehicle, including a licensed contract motor carrier vehicle, such as a hired school bus, that is used to transport children is all of the following:
1. Registered with the Wisconsin department of transportation.
2. Clean, uncluttered and free of obstruction on the floors, aisles and seats.
3. Enclosed. Children may not be transported in a truck except in the cab.
250.08(4)(a)4.
4. In safe operating condition.
Vehicles appropriately licensed in another state may be used to transport children without an exception.
The National Highway Traffic Safety Administration (NHTSA) modified its interpretation of a federal law in the early 1990s. That law relates to transporting children to and from schools and limits the number of children transported in passenger vans designed to carry more than 10 people. The reinterpretation of that law applies to any agency that transports children to and from schools.
Centers may be cited for violating this law under DCF 250.04(2)(a) Compliance With Laws which requires that centers comply with all applicable laws and rules. Please reference the department’s publication Transportation of Children in 10+ Passenger Vans To and From School. For information on how to obtain this document, see Appendix J Resources List.
(b) At 12-month intervals the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form provided by the department.
The Vehicle Safety Inspection form is to be signed by owner/employee of a bona fide repair business such as a garage, auto repair shop or service station. The name of the repair business should appear on the vehicle inspection form in addition to the signature. Signatures of persons not associated with a firm doing repair business with the public will not be acceptable. If the inspection report indicates needed repairs, vehicle must be repaired and inspection form must note the necessary repair or replacement has been completed.
New and used vehicles purchased from an authorized dealer with inspection report will be accepted for one year.
Note: The department’s form, Vehicle Safety Inspection, is used to record evidence of the vehicle’s safe operating condition. Information on how to obtain a copy of the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(c) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300.
(5) SEAT BELTS.
(a) Each child who is less than 1 year of age or who weighs less than 20 pounds being transported in a vehicle shall be properly seated and restrained in a rear-facing individual child car safety seat when being transported in a vehicle as specified in s. 347.48, Stats.
(b) Each child who is at least one year old but less than 4 years of age or who weighs at least 20 pounds but less than 40 pounds shall be properly restrained in a forward-facing individual child car safety seat when being transported in a vehicle as specified in s. 347.48, Stats.
INFANT / TODDLER RESTRAINTS: A child crash-tested restraint is a restraint that has been determined to perform satisfactorily in dynamic tests (simulated crash tests). Satisfactory performance is defined as meeting or exceeding the critical elements of the NHTSA’s 1974 proposed revision to Federal Motor Vehicle Safety Standard 213.
(c) Each child who is at least 4 years old but less than 8 years of age, who weighs less than 80 pounds or who is 4 feet 9 inches tall or less shall be properly restrained in a shoulder-positioning child booster seat when being transported in a vehicle as specified in s. 347.48, Stats.
(d) Each child who is not required to be in an individual child car safety seat or booster seat required under par. (a), (b) or (c) when being transported shall be properly restrained by a seat belt. Each adult in the vehicle shall be properly restrained by a seat belt. Seat belts may not be shared.
250.08(5)(e)
(e) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.
Seat belts are not required in some vehicles even though these vehicles have a capacity of 15 or fewer people. This includes taxicabs, mopeds, motorcycles, snowmobiles and vehicles designed for 2 persons if there are 2 persons 4 years of age or older in the vehicle.
If a center owns, leases or contracts for a school bus, seat belts or car safety seats are not required because these vehicles were constructed to carry children without such devices.
If seat belts are present in a vehicle, seat belts must be used to restrain children being transported.
INTEGRATED SAFETY SEATS: Many new vehicles are equipped with integrated child safety seats that are designed for children who weigh at least 20 lb. and are at least 1 year of age. All infants younger than 1 year of age or who weigh less than 20 lb. should be positioned rear facing in separate child safety seats in the back seat.
For additional information, contact the NGTSA Auto Safety Hotline at (800) 424-9393.
(6) VEHICLE CAPACITY AND SUPERVISION.
(a) Children may not be left unattended in a vehicle.
(b) Children under age 13 years who are in the care of the center may not ride in the front seat of a vehicle.
The provider’s own children who are 7 years of age or older may ride in the front seat of a vehicle. They are not considered to be “in care.” Children in care between the ages of 13 – 17 may ride in the front seat.
(c) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver whenever there are more than 3 children who are either under 2 years of age or who have a handicap which limits their ability to respond to an emergency.
When evaluating the need to have an adult supervisor (in addition to the driver) present on the vehicle the center needs to consider the ability of the child with a disability to evacuate the vehicle with limited additional help from the driver, the number and ages of other children being transported and whether any children being transported have a behavioral history that would might be disruptive during transportation.
(d) After transporting a child to his or her destination, an adult shall ensure the child is in the custody of a provider, a parent, or other adult designated by the parent. A parent of a school age child may authorize a child to enter a building unescorted.
Note: Form, Transportation Permission — Child Care Centers, may be used to designate an adult to receive a child being transported. Information on how to obtain a copy of this form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
(e) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.
(7) SMOKING. Smoking is prohibited in the vehicle while children are being transported.
DCF 250.09 Additional requirements for infant and toddler care.
(1) APPLICABILITY, QUALIFICATIONS AND GENERAL REQUIREMENTS.
(a) Family child care centers providing care and supervision to infants and toddlers shall comply with the additional requirements of this section.
(c) General requirements.
1. A provider shall use information obtained on a department-provided form for children under 2 years of age to individualize the program of care for each child. The information shall be at the center before the child is left for care on the child’s first day of attendance. A provider and the child’s parents shall periodically discuss the child’s development and routines.
Written evidence of the periodic discussions is not required, but updating the intake form is recommended every 3 months for infants and every 6 months for toddlers.
Special emphasis is given to changes in sleeping/nap patterns, dietary needs, i.e., new foods, cup, utensils or self-feeding skills introduced and introduction of toilet training when age appropriate.
Note: The department’s form, Intake for Children under 2 Years, is used to record information for individualizing the program of care for each child. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A. Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called First Step that is available to the public 24 hours a day, 7 days a week. When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. When a provider or a parent has concerns about a child’s growth or development a referral to a Birth-to-Three agency should be considered to determine if the child is eligible for special services. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) coordinate programming activities with the local Birth-to-Three agency.
2. Cribs and playpens shall contain a tight fitting mattress and any mattress covering shall fit snugly over the mattress. Waterbeds may not be used by children under age 2.
3. Sheets or blankets used to cover the child shall be tucked tightly under the mattress and shall be kept away from the child’s mouth and nose.
Swaddling of infants is permitted, if requested by the parent. Swaddling is an age-old practice of wrapping infants snugly in swaddling cloths, blankets or similar cloth so that movement of the limbs is tightly restricted. Swaddling is only effective for the first few weeks after birth. Swaddling an infant is not recommended after one month of age.
If the child pulls the blanket out during nap time the provider must ensure that that blanket is kept away from the child’s mouth and nose.
4. Children under one year of age may not sleep in a crib or playpen that contains soft materials such as sheepskins, pillows, fluffy blankets, bumper pads or stuffed animals.
5. Safety gates shall be used at open stairways when children are awake.
Safety gates shall be installed at the bottom and/or top of stairs, depending on where children are. Gates may be installed a maximum of 18” from the bottom step, or about 3 steps up, taking into consideration the landing surface.
(2) DAILY PROGRAM.
(a) Child care providers shall respond promptly to a crying child’s needs.
(b) Each infant and toddler shall be allowed to form and follow his or her own patterns of sleeping and waking.
Meals should be served related to the child's sleeping schedule rather than the schedule of the center. There shall be no specifically scheduled nap time for all infants as a group. As children begin to mature, a child's schedule will slowly be changed to eliminate the a.m. nap and to slowly begin to integrate the child into the center schedule. Priority will continue to be given to the individual eating and sleep needs of the child.
250.09(2)(c)
(c) Each child under one year of age shall be placed to sleep on his or her back in a crib unless otherwise specified in writing by the child’s physician. The child shall be allowed to assume the position most comfortable to him or her when able to roll over unassisted.
If a child falls asleep in a swing, bouncy seat or car seat or on the floor, the child must be removed from that area and be placed to sleep on his or her back in the crib assigned to him/her.
(d) Emphasis in activities shall be given to play as a learning and growth experience.
(e) Throughout the day, each infant and toddler shall receive physical contact and attention such as being held, rocked, talked to, sung to and taken on walks inside and outside the center.
(f) Routines related to activities such as taking a nap, eating, diapering and toileting shall be used as occasions for language development and other learning experiences.
(g) When a non-mobile child is awake, a provider shall change the child’s body position and location in the room periodically. Non-mobile awake children shall be placed on their stomach occasionally throughout the day.
(h) Each non-walking child who can creep or crawl shall be given opportunities each day to move freely in a safe, clean, open, warm and uncluttered area.
(i) A provider shall encourage infants and toddlers to play with a wide variety of safe toys and objects.
Family child care centers are to be equipped with play equipment according to the developmental level of the children in care. Since children under 2 years of age are not always able to select their own playthings from shelves, this equipment should be made available to them for play. Play equipment may be commercially made or homemade.
See DCF 250.07(1)(b) DAILY ACTIVITIES – PLAN FOR AGE & DEVELOPMENT LEVELS.
(j) Infants and toddlers shall be taken outdoors for part of each day except during inclement weather or when this is not advisable for health reasons.
There is no definite set of guidelines that would prevent a child from going outside for health reasons. Center policies should reflect the center’s definition of what would prohibit a child from going outside for health reasons: i.e. a written request by a parent or a written statement by a medical professional.
Children are to have time to play outdoors each day unless the weather is inclement. Consideration must be given to other conditions on the playground and include available shade, drinking water, protection from wind, etc.
See 250.03(15) for definition of “inclement weather.” In the written health policy, the center determines the temperatures when children will go outside with no more than a 5 to 10 degree variation of the temperatures included in the definition. No exception is necessary as long as the variation is no more than 5 to 10 degrees.
Center-provided and maintained selection of warm outer garments is recommended for children whose parents do not provide appropriate clothing for out-of-doors.
See DCF 250.07(1)(b) DAILY ACTIVITIES – PLAN FOR AGE & DEVELOPMENT LEVELS.
(3) FEEDING. A provider shall do all of the following:
(a) Feed each infant and toddler on the child’s own feeding schedule.
(b) Ensure that food and formula brought from home is labeled with the child’s name and dated, and is refrigerated if required.
250.09(3)(c)
(c) Ensure that formula provided by the center is of the commercial, iron-fortified type and mixed according to the manufacturer’s directions.
A formula container will usually indicate a “use by” date. To ensure that the formula remains in good condition, it is recommended that unused formula be discarded and not used after the date on the container.
Multiple bottles pre-made at the center should be dated to ensure they are used according to manufacturer's directions.
(d) Provide formula or breast milk to all children under 12 months of age.
(e) Provide another type of milk or milk substitute only on the written direction of the child’s physician.
(f) Discard leftover milk or formula after each feeding, and rinse bottles after use.
It is recommended that once a feeding has been initiated, a bottle be consumed within 2 hours or the contents discarded.
(g) Refrain from heating breast milk in a microwave oven.
(h) Offer drinking water to infants over 6 months of age and toddlers several times daily.
(i) Hold a child unable to hold a bottle whenever a bottle is given. Bottles may not be propped.
(j) Hold or place a child too young to sit in a highchair or feeding table in an infant seat during feeding. Wide-based highchairs with safety straps or feeding tables with safety straps shall be provided for children who are not developmentally able to sit at tables and chairs.
This requirement for a safety strap is intended to prevent the child from standing up in the high chair and falling out and to prevent a child from slipping down and under the tray. At a minimum the safety strap should be a “T” shape for all seats.
Children may not be confined in high chairs to restrict the child’s movement. The child is only to use the chair for meal/snack time or planned activity.
(k) Ensure that eating utensils and cups are scaled to the size and developmental level of the children.
Single service paper cups are not recommended for use with this age group.
(4) DIAPERING AND TOILETING. A provider shall do all of the following:
(a) Change wet or soiled diapers and clothing promptly.
(b) Change the child on an easily cleanable surface which is cleaned with soap and water and a disinfectant solution after each use with a chlorine bleach solution of one quart water to one tablespoon bleach, made fresh daily or a product containing quaternary ammonia prepared according to the label directions or a commercially prepared disinfectant that contains bleach or quaternary ammonia.
An easily cleanable surface may be a changing table, a plastic covered mat, a plastic covered mattress or any other surface that is impervious to water and capable of being disinfected with a bleach solution.
See DCF 250.06(5) - SANITARY PREMISES, FURNISHINGS, EQUIPMENT.
Disinfectants that are used in hospitals and nursing homes may also be used. The center must have a letter from the above health facilities indicating the health facility is using the product as a disinfectant.
All products must be used in a two-step procedure. First soap and water to rid the surface of any organic material and then the disinfectant is to be used.
Products containing both a cleaner and a bleach or quaternary ammonia are acceptable, but they must be applied using the two-step process.
250.09(4)(b) continued
When visible blood or other potentially infectious material is present, universal precautions should be followed.
See the Approved Sanitizer List from the Division of Public Health for sanitize/disinfect explanations and the Fact Sheet on Universal Precautions and Standard Precautions for Child Care Centers. For information on how to obtain these documents, see Appendix J Resources List.
Note: A quaternary ammonia product is any of a group of compounds in which a central nitrogen atom is joined to four organic radicals and one acid radical, used as antiseptics and disinfectants. Benzalkonium chloride, dimethyl benzyl ammonium chloride, and dodecyl dimethyl ammonium chloride are the names of some common ammonium compounds that might identify a product as a quaternary ammonium product. The chemical name for bleach is sodium hypochlorite.
(c) If the diapering surface is above floor level, provide a strap, restraint or other structural barrier to prevent falling. A child may not be left unattended on the diapering surface.
A person may not be considered a structural barrier.
(d) Place soiled cloth diapers in a plastic bag labeled with the name of the child and send them home daily.
The Center for Disease Control and the American Academy of Pediatrics recommend that soiled cloth diapers and training pants never be rinsed. The fecal contents may be placed in the toilet, but diapers and training pants should not be dipped into the toilet water. The provider should place bags of soiled clothing out of the reach of children.
Diaper wraps used in place of rubber pants with cloth diapers do not need to be changed after every use unless they are soiled. It is recommended that the label of the diaper wrap be reviewed for the recommended changing frequency.
(e) Place soiled disposable diapers in a plastic-lined, covered container and dispose of them daily.
A hands-free, covered container is recommended, but it is not required. It is recommended that the container be kept close to the diapering area.
(f) Wash his or her hands with soap and warm running water before and after each diapering or assistance with toileting routines.
Frequent handwashing is recommended to prevent the spread of diarrhea and respiratory illness in children. Handwashing is the mechanical action of washing in running water with soap. Attention should be given to the whole hand including the area under the fingernails, the wrist and the back of hands.
Liquid soaps are recommended.
When the only bathroom sink is on a second floor, the use of the kitchen sink for handwashing is not recommended but is not prohibited. Use of water buckets or other containers is prohibited.
(g) Apply lotions, powders or salves to the child during diapering only at the specific direction of a parent or the child’s physician.
(h) Wash the child during diapering with a disposable towel used only once.
(i) Wash the child’s hands with soap and warm running water after diapering. The hands of children under one year of age may be washed with soap and a wet fabric or paper washcloth, used once and discarded.
Soap and water based wet wipes may be used.
250.095
DCF 250.095 Additional requirements when the licensee is not providing care to children at least 50% of the licensed hours of center operation. A licensee who does not provide care and supervision to children at least 50% of the hours of a center’s operation shall comply with the following requirements:
(1) The licensee shall complete at least one course from the Wisconsin Professional Credential for Child Care Administrators program within one year from the initial date that the licensee is not providing care and supervision for at least 50% of the hours of the center’s operation.
A course in program administration taken as part of an associate’s or bachelor’s degree in early childhood education is acceptable in lieu of a course in the Wisconsin Child Care Administrator Credential. For instructions on how to obtain information on the Wisconsin Child Care Administrator Credential, see Appendix J Resources List.
(2) The licensee shall be responsible for the following:
(a) Management, finance, physical plant, and day-to-day operations of the center.
(b) Supervision of the planning and implementation of the center’s program for children.
(c) Supervision of center staff, including the following duties:
1. Implement and maintain a written job description for each staff position.
2. Implement and maintain a written personnel policy that addresses hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures, and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible, but no later than the next business day, when any of the following occurs:
a. The employee has been convicted of a crime.
b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.
c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.
d. A professional license held by the employee has been denied, revoked, restricted, or otherwise limited.
3. Ensure that each employee is familiar with the employee’s job description, personnel policies, and applicable licensing rules.
4. Conduct staff meetings at least 9 times in a calendar year and document that the meetings have been held.
5. Ensure staff compliance with continuing education requirements.
(3) The licensee shall be at the center for at least 30 hours per month for the exclusive purpose of carrying out licensee responsibilities in sub. (2).
The licensee may be counted in the staff-to-child ratio during the time s/he is present at the center. Documentation of the hours the licensee is present at the center could be kept of the Daily Attendance Record form or on a calendar or other record.
DCF 250.10 Additional requirements for night care.
(1) APPLICABILITY. Family child care centers which operate during any period of time between 9:00 p.m. and 5:00 a.m. shall comply with the requirements of this section.
(2) GENERAL REQUIREMENTS.
(a) When the same premises are used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.
(b) Minimum staff-child ratios and group sizes as specified in Table DCF 250.05 shall be maintained during night care.
(c) The parent or center shall provide each child in night care with an individually labeled sleeping garment and a toothbrush.
This rule does not apply if the center is not licensed past 10:00 p.m.
(3) PROGRAM.
(a) Child care staff shall ascertain from a child’s parent a child’s typical family activities during the period the child is at the center for night care and strive to replicate those activities with the child.
Written documentation is not required. It is recommended that the provider address this in the center’s policies. See DCF 250.09(2)(b) and (3)(a).
(b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child may engage in activities.
(c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.
It is recommended the provider address this in the center’s daily activity policy.
(d) School-age children shall have an opportunity to read or do school work.
(4) PREVENTIVE MEASURES.
(a) A provider shall develop, submit to the department for approval and implement a plan to evacuate sleeping children in an emergency. Review of the plan shall be part of orientation under s. DCF 250.05(2).
(b) Centers operating during hours of darkness shall have emergency lighting, such as an operable flashlight, readily available to a provider.
(c) Providers shall be awake, available, within call and able to respond to the needs of the children whenever children are in care.
(5) FEEDING.
(a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.
(b) A nighttime snack shall be available to all children in care.
(c) A child present at the time the evening meal is served shall be served the evening meal.
(6) SLEEP.
(a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.
(b) Sleep routines for individual children shall be based on information provided by the parents.
(c) A bed, crib or cot with sheets and blankets individual to each child shall be provided for children spending the night.
(d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.
(e) Children under 2 years of age in night care shall sleep in cribs.
See DCF 250.03(4m) for definition of crib. Center must follow the manufacturer’s height and weight specifications.
DCF 250.11 Licensing administration.
(1) LICENSING REQUIREMENT. If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.
(2) GENERAL CONDITIONS FOR APPROVAL OF LICENSE.
(a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.
(b) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.
(c) Persons licensed to operate a family child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the family child care center. A determination that a person is unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not the abuse or neglect results in a criminal charge or conviction.
A disability such as blindness, hearing impairment or other physically disabling condition that affects the licensee/provider may not be the sole basis of the denial of a license. The ability of the person to provide care to the children and to comply with the licensing rules must be evaluated based on the disability.
(d) The department shall issue a family child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.
Note: See DCF 250.03(11) for the definition of “fit and qualified.”
(e) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center may endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.
(f) The department may deny or revoke the license if the examination specified under par. (e) gives the department reasonable concern for the care of children.
(g) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.
(h) The department shall consider a licensee who fails to submit any of the materials described in sub. (4) or (5) by the expiration or continuation date of a license to have surrendered the license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.
(3) INITIAL APPLICATION FOR A PROBATIONARY LICENSE.
(a) An applicant for a license shall have obtained pre-licensing technical assistance that results in a completed initial licensing study checklist from a representative of the department prior to submitting an application for a license.
250.11(3)(a)Note:1.
Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate regional office in Appendix A. The Department will provide the application form to an applicant upon completion of the pre-licensing technical assistance.
Note: 2. An initial licensing study checklist includes a list of those rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the Department or the appropriate regional office in Appendix A.
(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.
(c) An applicant for an initial license shall include all the following with the application form:
1. The license fee required under s. 48.65(3)(a), Stats.
2. A completed background information disclosure form provided by the department for the applicant and, if the center will be located in a residence, any household member aged 10 and above and any applicable fees.
See Appendix H Chapter DHS 12 Caregiver Background Checks and the department’s publication Caregiver Background Checks – Requirements for Child Care Centers. For information on how to obtain this document, see Appendix J Resources List.
3. A statement from a representative of the department that details the results of any pre- licensing technical assistance.
4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.
5. Results of a water test if the center has a private well.
6. Results of a vehicle safety inspection if the center will transport children.
7. Documentation of liability insurance on the child care business required under s. DCF 250.04(2)(g) if the center has cats or dogs that are in areas accessible to children.
8. A copy of all center policies as specified under s. DCF 250.04(2)(e).
9. Any other materials determined by the department as necessary to complete the department’s licensing investigation.
(d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.
(e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6 month duration. A probationary license may be renewed for one 6-month period.
(f) If the department determines that an application does not comply with the applicable requirements of this chapter or the department’s investigation determines that the applicant is not eligible for a license, the department may deny the application.
(4) OBTAINING A REGULAR LICENSE.
(a) At least 30 days before the expiration date of a probationary license, an applicant for license renewal shall submit to the department the following materials:
1. A completed license application.
2. Any completed Background Information Disclosure forms including any applicable fees required under s. 48.685(6)(a), Stats., and s. DCF 250.04(2)(L) and (m).
3. The license renewal fee under s. 48.65(3)(a), Stats., and any forfeitures due and owing under
s. 48.715(3), Stats., or penalties under s. 48.76, Stats.
4. Any changes to center policies, if not previously submitted.
5. Results of a water test if the center has a private well.
6. Results of a vehicle safety inspection if the center will transport children.
7. Documentation of liability insurance on the child care business required under s. DCF 250.04(2)(g) if the center has cats or dogs that are in areas accessible to children.
8. Any other materials determined by the department as necessary to complete the department’s licensing investigation.
250.11(4)(b)
(b) If the department determines that the applicant has met the minimum requirements for a license under s. 48.67, Stats., and if the applicant has paid any applicable fees under ss. 48.65 and 48.685(8), Stats., any forfeiture under s. 48.715(3)(a), Stats., and any applicable penalty under s. 48.76, Stats., the department shall issue the applicant a regular license. Regular licenses shall be reviewed and continued for a 2-year period.
(5) CONTINUING A REGULAR LICENSE.
(a) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee.
(b) At least 30 days before the continuation review date of the license, an applicant for license renewal shall submit to the department the following materials:
1. A completed license continuation application.
2. Any completed Background Information Disclosure forms including any applicable fees required under s. 48.685(6)(a), Stats., and s. DCF 250.04(2)(L) and (m).
3. The license renewal fee under s. 48.65(3)(a), Stats., and any forfeiture due and owing under s. 48.715(3), Stats., or penalty under s. 48.76, Stats.
4. Any changes to center policies, if not previously submitted.
5. Results of a water test if the center has a private well.
6. Results of a vehicle safety inspection if the center will transport children.
7. Documentation of the liability insurance on the child care business required under s. DCF 250.04(2)(g) if the center has cats or dogs that are in areas accessible to children.
8. Any other materials determined by the department as necessary to complete the department’s licensing investigation.
(c) If the department determines that the licensee has met the minimum requirements for a license under s. 48.67, Stats., has paid the applicable fees referred to in ss. 48.65 and 48.685(8), Stats., any forfeiture under s. 48.715(3)(a), Stats., and any penalty under s. 48.76, Stats., the department shall continue the license for an additional 2 years.
(6) AMENDING A LICENSE.
(a) A licensee shall submit to the department a written request for an amendment to the license if the licensee wishes to change any of the following aspects of the license:
1. A change in the number of children served.
2. The age range of the children.
3. The hours of the center’s operation.
4. The days of the week the center is in operation.
5. The months of the year the center is in operation.
6. The name of the center.
(b) A licensee may not make a change that affects a condition of the license identified under par.
(a) without the prior written approval of the department.
(c) A licensee may not move the center to a new location or change ownership of the center without notifying the department at least 30 days prior to the change. A new application and license is required when a center moves or changes ownership.
Note: The Department’s form CFS-0067, Family Day Care License Application, is used to apply for a new license. The Department will provide an application prior to the continuation date for a new license.
(7) ADDITIONAL LICENSE. A licensee applying for a license for an additional center location shall demonstrate compliance with this chapter in the operation of any existing center he or she operates and compliance with rules for any other facility licensed by the department and operated by the licensee. The licensee shall pay any fines, forfeitures or other fees due and owing under s. 48.715, Stats., or s. 48.65, Stats., on other facilities licensed by the department before the department issues an additional license.
250.11(8)
(8) LICENSE DENIAL OR REVOCATION.
(a) The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if the applicant or licensee, a proposed or current employee, a volunteer, a household member or any other person having regular contact with the children is, has or has been any of the following:
1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.
2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.
3. Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.
4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.
5. The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.
6. Had a child care license or certification revoked or denied within the last 5 years.
7. Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.
8. Made false statements or withheld information.
(b) The department may deny, revoke, refuse to renew or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if the applicant or licensee is not fit and qualified as determined under sub. (2).
Note: See s. DCF 250.0(11) for the definition of “fit and qualified.” Examples of charges, actions or offenses the Department will consider when making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to the following: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. This list is illustrative. Other types of offenses may be considered.
(c) The department shall deny or refuse to continue or revoke a license if the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for the failure of the applicant or licensee to comply, after appropriate notices, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53(5), Stats., and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857, Stats. Notwithstanding s. 48.72, Stats., an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857, Stats., and not as provided in s. 48.72, Stats.
(d) The department shall deny an application for the issuance or continuation of a license or revoke a license if the department of revenue certifies under s. 73.0301, Stats., that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301(5), Stats., and not as provided in s. 48.72, Stats.
(9) EFFECT OF NOTICE TO DENY OR REVOKE A LICENSE.
(a)1. If the department decides under sub. (8) to deny the grant of a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.
2. If the department revokes a license, the effective date of the revocation shall be either immediately or 30 days after the date of the department notice in subd. 1., based on the criteria under
s. 48.715(4m)(a) and (b), Stats., unless the decision is appealed under sub. (11).
250.11(9)(b)
(b) Upon receipt of the notice in par. (a) and during any revocation or denial procedures that may result, a family child care center may not accept for care any child not enrolled as of the date of receipt of the notice without the written approval of the department.
(10) SUMMARY SUSPENSION OF A LICENSE.
(a) Under the authority of s. 227.51(3), Stats., the department shall summarily suspend a license and close a family child care center when the department finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of a requirement for summary suspension of the license may be based on any of the following:
1. Failure of the licensee to provide environmental protections for the children, such as heat, water, electricity or telephone service.
2. The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily security.
3. The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the center or has a pending charge which substantially relates to the care of children or activities of the center.
4. The licensee, employee, volunteer or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981, Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.
5. The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child care center that directly threatens the health, safety or welfare of any child under the care of the licensee.
(b) An order summarily suspending a license and closing a family child care center may be a verbal order by a licensing representative of the department. Within 72 hours after the order takes effect, the department shall either permit the reopening of the center or proceed under subs. (8) or (9) to revoke the license. A preliminary hearing shall be conducted by the department of administration’s division of hearings and appeals, within 10 working days after the date of the initial order to close, on the issue of whether the license shall remain suspended during revocation proceedings.
(11) APPEAL OF DECISION TO DENY OR REVOKE A LICENSE.
(a) Any person aggrieved by the department’s decision to deny an initial license or the renewal of a license or to revoke a license may request a hearing on that decision under s. 227.42, Stats. The request for a hearing shall be in writing and submitted to the department of administration’s division of hearings and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10 days after the date of the notice under sub. (9). A request for a hearing is considered filed upon its receipt by the division of hearings and appeals. A request for a hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division’s facsimile machine on the transmission report that accompanies the document.
Note: A request for hearing should be submitted by mail to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707-7875, or should be delivered to the Division at 5005 University Ave., Room 201, Madison, WI. Hearing requests may be faxed to 608-264-9885. A copy of the request should be sent to the appropriate Division of Early Care and Education regional office listed in Appendix A.
(b) The division of hearings and appeals shall conduct an administrative hearing under s. 227.42, Stats., within 30 calendar days after receipt of the request for the administrative hearing, unless any of the following occurs:
1. The aggrieved person consents to an extension of that time period.
2. The petitioner withdraws the request in writing.
3. The petitioner agrees in writing to accept an informal resolution of the appeal.
250.11(11)(b)4.
4. The petitioner abandons the hearing request. The division of hearings and appeals shall determine that abandonment has occurred when the petitioner, without good cause, fails to appear personally or by representative at the time and place set for the hearing or scheduled pre-hearing matters. Abandonment may also be deemed to have occurred when the petitioner or the authorized representative fails to respond within a reasonable time to correspondence from the division regarding the hearing or when the petitioner is not at an agreed-upon telephone number at the agreed time.
(c) The division of hearings and appeals:
1. Shall consider and apply all standards and requirements of this chapter.
2. Issue a decision no later than 30 calendar days after holding the hearing, unless both parties agree to a later date.
3. May dismiss the petition if it determines that the petitioner has abandoned the request pursuant to par. (b) 4.
(d) If, under s. HA 3.09, the division of hearing and appeals issues a proposed decision, both parties may file comments on the decision with the division of hearings and appeals within 15 calendar days from the date of the proposed decision’s issuance. At the close of the comment period, the division shall forward a decision and comments to the secretary for issuance of a final decision, and the secretary shall issue the final decision within 30 calendar days thereafter. The decision of the division of hearings and appeals administrative law judge, if adopted by the secretary, constitutes the final decision of the department.
DCF 250.12 Complaints, inspections and enforcement actions.
(1) COMPLAINTS.
(a) Anyone having a complaint about a licensed or illegally operating family child care center may submit that complaint to the department by telephone, letter or personal interview. A representative of the department shall investigate every complaint. If requested by the complainant, the department shall provide the complainant a written report of the investigation findings.
Note: A complaint should be sent, phoned or delivered to the appropriate Division of Early Care and Education regional office listed in Appendix A.
(b) The licensee may not discharge an employee because the employee has reported violations of this chapter to the licensing representative.
(2) INSPECTION. Pursuant to s. 48.73, Stats., the department may visit and inspect any family child care center at any time during licensed hours of operation. A department licensing representative shall have unrestricted access to the premises identified in the license, including access to children served and staff and child records and any other materials or other individuals having information on the family child care center’s compliance with this chapter.
(3) ENFORCEMENT ACTION. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.685, 48.715 or 48.76, Stats.
APPENDIX A
REGIONAL OFFICES OF THE DIVISION OF EARLY CARE AND EDUCATION
The Department of Children and Families licenses child care centers through five Division of Early Care and Education regional offices. Below are addresses and phone numbers of the regional offices and related counties.
REGIONS COUNTIES
Northeastern Regional Office 200 North Jefferson, Suite 411 Green Bay, WI 54301
Gen: (920) 448-5312
Fax: (920) 448-5306
Northern Regional Office
2187 North Stevens Street, Suite C Rhinelander, WI 54501
Gen: (715) 365-2500
Fax: (715) 365-2517
Southeastern Regional Office
141 NW Barstow, Room 104
Waukesha, WI 53188-3789
Gen: (262) 521-5100
Fax: (262) 521-5314
Southern Regional Office
1 West Wilson Street, Room 655
P.O. Box 8947
Madison, WI 53708-8947
Gen: (608) 266-2900
Fax: (608) 261-7824
Western Regional Office 610 Gibson Street, Suite 2 Eau Claire, WI 54701-3696 Gen: (715) 836-2185
Fax: (715) 836-2516
Brown, Calumet, Door, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Ozaukee, Shawano, Sheboygan, Washington, Waupaca, Waushara, Winnebago
Ashland, Bayfield, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Oneida, Portage, Price, Sawyer, Taylor, Vilas, Wood
Kenosha, Milwaukee, Racine, Waukesha
Adams, Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa, Jefferson, Juneau, Lafayette, Richland, Rock, Sauk, Walworth
Barron, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Jackson, LaCrosse, Monroe, Pepin, Pierce, Polk, Rusk, St. Croix, Trempealeau, Vernon, Washburn
APPENDIX B
CACFP MEAL PATTERN REQUIREMENTS - AGES 1 to 12
Age 1 & 2 | Age 3, 4 & 5 | Age 6 up to 12 | |
BREAKFAST 1. Milk, fluid | 1/2 cup | 3/4 cup | 1 cup |
2. Juicea or fruit or vegetable or | 1/4 cup | 1/2 cup | 1/2 cup |
Fruit(s) or vegetable(s) | 1/4 cup | 1/2 cup | 1/2 cup |
3. Grains/Breads:b
Bread 1/2 slice 1/2 slice 1 slice Cornbread, biscuits, rolls, muffins, etc.b 1/ serving 1/ serving 1 serving
2 2
Cereal: Cold dry 1/4 cup or 1/3 oz.c 1/3 cup or 1/2 oz.c 3/4 cup or 1 oz.c
Cereal: Hot cooked 1/4 cup total 1/4 cup 1/2 cup Cooked pasta or noodle products 1/4 cup 1/4 cup 1/2 cup
LUNCH OR SUPPER
1. Milk 1/2 cup 3/4 cup 1 cup
2. Meat or meat alternate:
Meat, poultry, fish, cheese 1 oz. 1+1/2 oz. 2 oz.
Alternate protein productsg 1 oz. 1+1/2 oz. 2 oz.
Yogurt: plain or flavored, unsweetened or sweetened 4 oz. or 1/2 cup 6 oz. or 3/4 cup 8 oz. or 1 cup Egg 1/2 egg 3/4 egg 1 egg
Cooked dry beans or peas 1/4 cup 3/8 cup 1/2 cup Peanut butter or other nut or seed butter 2 Tbsp. 3 Tbsp. 4 Tbsp Peanuts or soynuts or tree nuts or seeds 1/2 oz. = 50%d 3/4 oz. = 50%d 1 oz. = 50%d
3. Vegetable and/or fruite (at least two) 1/4 cup total 1/2 cup total 3/4 cup total
4. Grains/Breads:b
Bread 1/2 slice 1/2 slice 1 slice Cornbread, biscuits, rolls, muffins, etc.b 1/2 serving 1/2 serving 1 serving Cereal, Hot cooked 1/4 cup total 1/4 cup 1/2 cup
Cereal, Cold dry 1/4 cup or 1/3 oz.c 1/3 cup or 1/2 oz.c 3/4 cup or 1 oz.c
Cooked pasta or noodle products 1/4 cup 1/4 cup 1/2 cup
SUPPLEMENT Select two of the following four components:
1. Milk 1/2 cup 1/2 cup 1 cup
2. Juicea,f or fruit or vegetable or 1/2 cup 1/2 cup 3/4 cup Fruit(s) or vegetable(s) 1/2 cup 1/2 cup 3/4 cup
3. Grains/Breadsb
Bread 1/2 slice 1/2 slice 1 slice Cornbread, biscuits, rolls, muffins, etc.b 1/2 serving 1/2 serving 1 serving Cereal: Cold dry 1/4 cup or 1/3 oz.c 1/3 cup or 1/2 oz.c 3/4 cup or 1 oz.c
Cereal: Hot cooked 1/4 cup 1/4 cup 1/2 cup
4. Meat or meat alternate:
Meat, poultry, fish, cheese 1/2 oz. 1/2 oz. 1 oz.
Alternate protein productsg 1/ oz. 1/ oz. 1 oz.
2 2
Egg, Largeh 1/ egg 1/ egg 1/
egg
2 2 2
Cooked dry beans or peas 1/8 cup 1/8 cup 1/4 cup Peanut butter or other nut or seed butter 1 Tbsp. 1 Tbsp 2 Tbsp Peanuts or soynuts or tree nuts or seeds 1/2 oz. 1/2 oz. 1 oz.
Yogurt: plain or flavored, unsweetened or sweetened 2 oz. or 1/4 cup 2 oz. or 1/4 cup 4 oz. or 1/2 cup
a Must be full strength fruit or vegetable juice.
b Bread, pasta or noodle products, and cereal grains shall be whole grain or enriched, cornbread, biscuits, rolls, muffins, etc., shall be made with whole grain or enriched meal or flour.
c Either volume (cup) or weight (oz.), whichever is less.
d No more than 50% of the requirement shall be met with tree nuts or seeds. Tree nuts and seeds shall be combined with another meat/meat alternate to fulfill the requirement. For purpose of determining combinations, 1 oz. of nuts or seeds is equal to 1 oz. of cooked lean meat, poultry or fish.
e Serve 2 or more kinds of vegetable(s) and/or fruit(s). Full strength vegetable or fruit juice may be counted to meet not more than one-half of this requirement.
f Juice may not be served when milk is the only other component.
g Alternate protein products may be used as acceptable meat alternates.
h One-half egg meets the required minimum amount (one-ounce or less) of meat alternate.
APPENDIX C
CACFP MEAL PATTERN REQUIREMENTS - BIRTH THROUGH 11 MONTHS
The infant meal pattern shall contain, as a minimum, each of the following components in the amounts indicated for the specific age group.
The minimum quantity of food shall be provided to the infant, but may be served during a span of time consistent with the infant’s eating habits.
Birth Through 3 Months
BREAKFAST
4 Through 7 Months 8 Through 11 Months
4- 6 fl. oz. formula1 or
breast milk 5,6
LUNCH OR SUPPER
4- 6 fl. oz. formula1 or
breast milk 5,6
SNACK
4- 6 fl. oz. formula1 or
breast milk 5,6
4-8 fl. oz. formula1 or breast milk
5,6
0-3 T. infant cereal2 (optional)
4-8 fl. oz. formula1 or breast milk 0-3 T. infant cereal2 (optional)
0-3 T. fruit and/or vegetable (optional)
4-6 fl. oz. formula1 or breast milk
5,6
6-8 fl. oz. formula1, breast milk 5,6
2-4 T. infant cereal2
1-4 T. fruit and/or vegetable
6-8 fl. oz. formula1, breast milk 5,6
2-4 T. infant cereal2 and/or
1-4 T. meat, fish, poultry, egg yolk, or cooked dry beans or peas, or
1/2-2 oz. cheese or 1-4 oz. cottage cheese, cheese food, or cheese spread
1-4 T. fruit and/or vegetable
2-4 fl. oz. formula1, breast milk, or fruit juice3
0-1/2 bread or
0-2 crackers (optional)4
1 Shall be iron-fortified infant formula.
2 Shall be iron-fortified dry infant cereal.
3 Shall be full-strength fruit juice.
4 Shall be from whole-grain or enriched meal or flour.
5 It is recommended that breast milk be served in place of formula from birth through 11 months.
6 For some breast-fed infants who regularly consume less than the minimum amount of breast milk per feeding, a serving of less than the minimum amount of breast milk may be offered, with additional breast milk offered if the infant is still hungry.
Required Guidelines for Infant Meal Pattern Definition of Infant. Any child less than 12 months of age.
Definition of Infant Formula. Infant formula defined by USDA is “any iron-fortified infant formula intended for dietary use as a sole source for food for normal healthy infants served in liquid state at manufacturer’s recommended dilution”.
Infant Formula/Breast Milk. The decision regarding feeding infants breast milk or the type of infant formula is one for the infant’s doctor and parents/guardian to make together.
Definition of Optional. Optional foods must be served as each infant becomes developmentally ready for the specified foods.
APPENDIX D
CONSUMER PRODUCTS SAFETY COMMISSION (www.cpsc.gov)
Your Used Crib Could Be DEADLY
CPSC Document # 5020
An unsafe used crib could be very dangerous for a baby. Each year, about 50 babies suffocate or strangle when they become trapped between broken crib parts or in cribs with older, unsafe designs.
A safe crib is the best place to put a baby to sleep. Look for a crib with a certification seal showing that it meets national safety standards.
If a crib does not meet these guidelines, it may not be used by children enrolled in your child care center. To protect all children, destroy it and replace it with a safe crib.
A safe crib has:
No missing, loose, broken, or improperly-installed screws, brackets, or other hardware on the crib or the mattress support.
No more than 2 3/8 inches between crib slats so a baby’s body cannot fit through the slats.
A firm, snug-fitting mattress so a baby cannot get trapped between the mattress and the side of the crib.
No corner posts over 1/16 of an inch above the end panels (unless they are over 16 inches high for a canopy) so a baby cannot catch clothing and strangle.
No cutout areas on the headboard or foot board so a baby’s head cannot get trapped.
A mattress support that does not easily pull apart from the corner posts so a baby cannot get trapped between mattress and crib.
No cracked or peeling paint to prevent lead poisoning.
No splinters or rough edges.
REQUIRED ITEMS FOR FAMILY CHILD CARE CENTERS
A. Items to be Submitted to Regional Office at Time of Initial Application
1. Completed form, Initial Licensing Checklist – Family Child Care Centers, and all items listed on the last page.
2. Supporting documentation regarding organizational structure.
a. If the licensee is organized as a corporation, association or cooperative, the Articles of Incorporation and a list that provides the name, title, address, telephone number and dates of office of each member of the board of directors, its committees and its officers.
b. If the licensee is organized as a partnership or limited liability company, the Articles of Organization and a list of the full name and address of each partner / member.
B. Items to be Submitted to Regional Office at Time of License Continuation
1. Completed form, License Application – Family Child Care Centers.
a. A list that provides the name, title, address, telephone number and dates of office of each member of the board of directors/governing board.
b. A copy of the results of the annual bacteriological water test—including nitrate level test if caring for infants under 6 months of age—if the center uses a private well.
c. List of support staff (e.g. cooks, maintenance personnel, etc.) that includes each person’s name and title.
d. If the center will transport children, the results of vehicle safety inspection for each vehicle used to transport children in care.
e. Any center policies and procedures that have been changed since the last licensing period along with completed form, Policy Checklist – Family Child Care Centers.
f. If dogs and cats are allowed in areas of the center accessible to children, current proof of liability insurance specifically covering the presence of dogs and cats.
2. Caregiver Background Check Information:
a. Completed form, Background Information Disclosure, for licensee and household members age 10 and older.
b. Caregiver Background Check fee for licensee and any adult household members if “Caregiver Background Check Fee(s) Due” appears on the continuation packet cover letter.
3. Licensing fee.
4. Completed form, Licensing Checklist – Family Child Care Centers.
C. Items to be Kept in Children’s Files
1. Completed form, Child Care Enrollment, for each child enrolled in the center.
a. Field Trip Permission. If the box is checked on the form, Child Care Enrollment, nothing additional is required. Form, Field Trip or Other Activity Notification / Permission – Child Care Centers, may also be used for this purpose.
2. Completed form, Child Care Intake for Child Under 2 Years, for each child under 2 years of age.
3. A written agreement, signed by the parent, outlining the plan for a child to come to the center from school, home or other activities and to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or the child is transported by the center. Form, Alternate Arrival/Release Agreement – Child Care Centers, or the licensee’s own form may be used to secure the parent’s signed agreement.
4. Completed form, Health History and Emergency Care Plan, for each child enrolled in the center.
5. Form, Day Care Immunization Record, electronic printout from a registry maintained by a health care provider, or other parent-provided record documenting the child’s immunization history.
6. If the center is licensed to care for mildly ill children, written parental consent for the center to care for the child when mildly ill.
7. If a child requires medication, completed form, Authorization to Administer Medication, signed and dated by the parent to administer medication to a child.
8. Written authorization from the parent to apply sunscreen or insect repellant. Authorization shall include the brand and ingredient strength.
9. Form, Child Health Report – Child Care Centers, documenting the results of a child’s most recent physical exam (required every 6 months for children under age 2 and every 2 years for children over age 2, except that school age children do not need a physical exam report) and signed and dated by an approved health care provider.
10. Written authorization from child’s physician if a child under age 1 is to be put to sleep in a position other than on his or her back in a crib.
APPENDIX E continued
11. Written authorization from the child’s physician if the child must be provided with another type of milk or milk substitute.
D. Items to be Kept in Staff Files
1. Completed form, Staff Record – Child Care Centers.
2. The Registry certificate (required for persons licensed or beginning work with children on or after January 1, 2009). If certificate is not required, then a. and b. must be in the file.
a. Documentation of the entry-level training required under DCF 250.05(1)(b).
b. Documentation of the training required under 250.05(1)(b)7. in shaken baby syndrome prevention if center is licensed to care for children under age 5.
3. Caregiver background check information for employees.
a. Form, Background Information Disclosure (BID), for employees 18 and older; adults compensated from other sources; substitute caregivers and volunteers age 18 and older used to meet staff to child ratios (completed prior to the first day of work and every 4 years thereafter). Note: BID form is the only caregiver background check information required in the file for the emergency backup provider.
b. Results of the complete caregiver background check including the DOJ criminal history results and Department of Health Services / Department of Regulation and Licensing (DHS/DRL) results (completed within 60 days from the date of hire and at least every 4 years thereafter).
c. Results of any out-of-state background checks required.
d. Results of any subsequent investigations.
4. Form, Staff Health Report – Child Care Centers, that was completed within 12 months prior to, or 30 days after, the person became licensed to, or began working with, children.
5. Documentation of the actual hours a provider, substitute, employee or volunteer has worked and whose time is used to meet the applicable staff-to-child ratio under Table DCF 250.05.
6. For persons who transport children, a copy of the person’s driver’s license and driving record that is obtained by the licensee under s. DCF 250.08(3)(b).
7. Completed form, Staff Orientation Checklist – Family Child Care Centers, documenting orientation for any child care provider or substitute who is not the licensee.
8. Completed Staff Continuing Education Record – Child Care Centers or licensee’s own form.
a. Documentation of 15 hours of annual continuing education.
b. Documentation of receipt of training at least every 2 years in all of the following:
(1) Child abuse and neglect laws.
(2) How to identify children who have been abused or neglected.
(3) The procedures for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.
c. Certificate of completion for infant and child cardiopulmonary resuscitation (must be obtained within 6 months of licensure or date of hire and kept current).
d. Documentation of completion of at least 10 hours of department-approved training in the care of infants and toddlers if center is licensed to care for children under age 2 (must be obtained within 6 months of licensure or date of hire).
e. If the licensee is not providing care and supervision for at least 50% of the hours of the center’s operation, documentation that the licensee has completed at least one course from the Wisconsin Profession Credential for Child Care Administrators program within one year.
E. Items to be Provided to Parents
1. A copy of applicable center policies [see 250.04(2)(e)].
2. Written information regarding insurance coverage on the premises, on the child care operation and on vehicles if transportation is provided. Note: Liability insurance is required if cats or dogs are allowed in areas accessible to children during the hours of operation as specified in s. DCF 250.07(7)(h).
3. A summary of the licensing rule DCF 250 Family Child Care. Note: Copies of the brochure “Your Guide to Licensed Child Care” may be used and may be obtained from the Child Care Information Center by calling 1-800-362-7353.
4. When food is provided by the parent, information about the requirements for food groups and quantities specified by the USDA child and adult care food program minimum meal requirements.
5. If pets are added after a child is enrolled, parents shall be notified in writing prior to the pets’ addition to the center.
APPENDIX E continued
F. Other Required Items
1. Current, accurate written record of the daily attendance on form, Daily Attendance Record – Child Care Centers, that includes the actual time of arrival and departure for each child for the length of time the child is enrolled in the program.
2. Medication and Injury Log Book with a stitched binding and lined and numbered pages.
3. If the center will be licensed to care for mildly ill children, a written plan for the provision of care to mildly ill children that has been approved and signed by an approved health care provider.
4. A written plan that has been approved by the department for ensuring supervision of the children in an emergency or during a provider’s absence.
5. A written plan for taking appropriate action in the event of a fire or tornado or other emergency.
6. Completed form, Fire and Safety and Emergency Response Documentation – Family Child Care Centers, or the licensee’s own form.
a. Documentation of the monthly smoke detector tests that includes times, dates and the results.
b. Documentation of annual fire extinguisher inspection.
c. Documentation of monthly practice of the fire and tornado plans.
7. Accurate records of meals and snacks served shall be available for review by parents and the licensing representative. Records must be kept for 3 months.
8. Copy of form, Vehicle Safety Inspection – Child Care Centers, for each vehicle used to transport children (Note: The vehicle inspection is to be performed annually.).
9. Current rabies vaccination certificates from your veterinarian for all pets, as applicable.
10. Emergency numbers posted at telephones.
11. If the licensee plans to combine the care of children enrolled in the child care center with foster care of other non-related children or adults, prior written approval of both licensing agencies must be obtained.
G. Items Required to be Posted in an Area of the Center Accessible to Parents
1. Family Child Care license.
a. Stipulations
b. Conditions
c. Exceptions
d. Exemptions
2. The results of the most recent licensing inspection.
a. Compliance Statement
b. Noncompliance Statement and Correction Plan
3. Enforcement action documents.
a. Order to Comply with Licensing Rules
b. Forfeiture Letter
c. Notice of Revocation
d. Notice to Deny
APPENDIX F
KEY STATUTES RELATED TO LICENSING OF CHILD CARE CENTERS
This appendix is based upon the unofficial text from Updated Database of 2003-2004 Wisconsin Statutes and Annotations. Only pertinent portions of the statutes are included here and were obtained at http://folio.legis.state.wi.us. Action by the legislature may result in changes to these statutes. Only printed volumes are Official Text under s. 35.18(2), Wis. Stats.
48.02 Definitions. In this chapter, unless otherwise defined:
(8) “Guardian” means the person named by the court having the duty and authority of guardianship.
(13) “Parent” means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent” includes a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. “Parent” does not include any person whose parental rights have been terminated.
(15) “Relative” means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.
48.48 Authority of department.
(10) To license child welfare agencies and day care centers as provided in s. 48.66(1)(a).
48.65 Day care centers licensed; fees. (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66(5).
(2) This section does not include any of the following:
(a) A parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption, who provides care and supervision for the child.
(am) A guardian of a child who provides care and supervision for the child.
(b) A public or parochial school.
(c) A person employed to come to the home of the child’s parent or guardian for less than 24 hours a day.
(d) A county, city, village, town, school district or library that provides programs primarily intended for recreational or social purposes.
(3)(a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $10.33 per child, based on the number of children that
the day care center is licensed to serve. A day care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.
(b) A day care center that wishes to continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the continuation date of the license or a new day care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home fails to pay the fee.
48.66 Licensing duties of the department.
(1)(a) Except as provided in s. 48.715(6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care centers, as required by s.
48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss.
48.67 to 48.74. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and day care centers and visit the premises of all foster homes and treatment foster homes in which children are placed.
(c) A license issued under par. (a) or (b), other than a license to operate a foster home, treatment foster home, or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home, or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under par. (a) or (b) is transferable.
(2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under sub. (2m)(a)2., be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.
(2m)(a)1. Except as provided in subd. 2., the department shall require each applicant for a license under sub. (1)(a) to operate a child welfare agency, group home, shelter care facility, or day care center who is an individual to provide that department with the applicant’s social security number, and shall require each applicant for a license under sub. (1)(a) to operate a child welfare agency, group home, shelter care facility, or day
care center who is not an individual to provide that department with the applicant’s federal employer identification number, when initially applying for or applying to continue the license.
2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
(b) If an applicant who is an individual fails to provide the applicant’s social security number to the department or if an applicant who is not an individual fails to provide the applicant’s federal employer identification number to the department, that department may not issue or continue a license under sub. (1)(a) to operate a child welfare agency, group home, shelter care facility, or day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a)2.
(c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a)1. may not disclose that information to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22(2m).
(3) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.
(5) A child welfare agency, group home, day care center or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under s.
48.67 are met, the application is approved, the applicable fees referred to in ss. 48.68(1) and 48.685(8) are paid and any forfeiture under s. 48.715(3)(a) or penalty under s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 48.715(4) and (4m)(b).
48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. Those rules shall include rules that require all of the following:
(1) That all day care center licensees, and all employees and volunteers of a day care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.
(2) That all day care center licensees, and all employees and volunteers of a day care center, who provide care and supervision for children under 5 years of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, the training relating to shaken baby syndrome and impacted babies required under s. 253.15(4).
(3)(a) That all day care center licensees, and all employees of a day care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50(1)(cr) [s.
256.15(1)(cr)], achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03(38) to provide such instruction.
48.68 Investigation of applicant; issuing of license.
(1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685, if applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615(1)(a) or (b), 48.625(2)(a), 48.65(3)(a) or 938.22(7)(b), the department shall issue a license under s. 48.66(1)(a) or, if applicable, a probationary license under s.
48.69 or, if applicable, shall continue a license under s. 48.66(5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62(4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.
48.685 Criminal history and child abuse record search.
(1) In this section:
(ag)1. “Caregiver” means any of the following:
a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
b. A person who has, or is seeking, a license, certification or contract to operate an entity.
2. “Caregiver” does not include a person who is certified as an emergency medical technician under s. 256.15 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under s. 256.15 if the person is employed, or seeking employment, as a first responder.
(am) “Client” means a child who receives direct care or treatment services from an entity.
(ar) “Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity
under an express or implied contract or subcontract, including a person who has staff privileges at the entity. (av) “Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
(b) “Entity” means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13(14); a day care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.
(bm) “Nonclient resident” means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.
(br) “Reservation” means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.
(c) “Serious crime” means any of the following:
1. A violation of s. 940.19(3), 1999 stats.
2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12,
940.19(2), (4), (5) or (6), 940.22(2) or (3), 940.225(1), (2) or
(3), 940.285(2), 940.29, 940.295, 948.02(1) or (2), 948.025,
948.03(2), 948.05, 948.051, 948.055, 948.06, 948.07,
948.08, 948.085, 948.11(2)(a) or (am), 948.12, 948.13,
948.21(1), 948.30, or 948.53.
3. A violation of s. 940.302(2) if s. 940.302(2)(a)1. b. applies.
4. A violation of the law of any other state or United States jurisdiction that would be a violation listed in subd. 1., 2., or
3. if committed in this state.
(e) “Tribe” means a federally recognized American Indian tribe or band in this state.
(2)(am) The department, a county department, a child welfare agency or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1)(ag)1.b., a nonclient resident of an entity and a person under 18 years of age, but not under 12 years of age, who is
a caregiver of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13(14) or of a day care provider that is certified under s. 48.651:
1. A criminal history search from the records maintained by the department of justice.
2. Information that is contained in the registry under s. 146.40(4g) regarding any findings against the person.
3. Information maintained by the department of regulation and licensing regarding the status of the person’s credentials, if applicable.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
5. Information maintained by the department of health services under this section and under ss. 48.651(2m), 48.75(1m), and 120.13(14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m)(a)1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m)(b)1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract,
employment, or permission to reside as described in this subdivision, the department, a county department, a child welfare agency or a school board need not obtain the information specified in subds. 1. to 4.
(b)1. Every entity shall obtain all of the following with respect to a caregiver specified in sub. (1)(ag)1.a. of the entity:
a. A criminal history search from the records maintained by the department of justice.
b. Information that is contained in the registry under s. 146.40(4g) regarding any findings against the person.
c. Information maintained by the department of regulation and licensing regarding the status of the person’s credentials, if applicable.
d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
e. Information maintained by the department of health services under this section and under ss. 48.651(2m), 48.75(1m), and 120.13(14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m)(a)1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m)(b)1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.
4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under
s. 120.13(14) or of a day care provider that is certified under
s. 48.651 and with respect to whom the department, a county department or a school board is required under par. (am)(intro.) to obtain the information specified in par. (am)1. to 5.
(bb) If information obtained under par. (am) or (b)1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6)(a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b)1. does not indicate such a charge or conviction, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b)1., a background information form under sub. (6)(a) or (am) or any other information indicates a conviction of a violation of s. 940.19(1), 940.195, 940.20, 941.30, 942.08, 947.01 or 947.013 obtained not
more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
(bd) Notwithstanding pars. (am) and (b)1., the department, a county department, a child welfare agency or a school board is not required to obtain the information specified in par. (am)1. to 5., and an entity is not required to obtain the
information specified in par. (b)1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6)(am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in sub. (4m)(b)1. to
5. and with respect to whom the department, county department, child welfare agency, school board or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency or a school board from obtaining, at its discretion, the information specified in par. (am)1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
(bg) If an entity employs or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b)1.a. to c. and e. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b)1.a. to c. and e. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b)1.a. to c. and e.
(bm) If the person who is the subject of the search under par. (am) or (b)1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, child welfare agency, school board or entity determines that the person’s employment, licensing or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, school board or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am)1. or (b)1.a. The department, county department, child welfare agency, school board or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
(c)1. If the person who is the subject of the search under par. (am) is seeking an initial license to operate a foster home or treatment foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under 42 USC 16962(b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534(f)(3)(A). The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under 42 USC 16962(e).
2. If the person who is the subject of the search under par. (am) is seeking a license to operate a foster home or treatment foster home or is an adult nonclient resident of the foster home or treatment foster home and if the person is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the department, county department, or child welfare agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the person is a resident or
was a resident within those 5 years for information that is equivalent to the information specified in par. (am) 4. The department, county department, or child welfare agency may not use any information obtained under this subdivision for any purpose other than a search of the person’s background under par. (am).
(d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver under par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.
(3)(a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, or a school board considers appropriate, the department, county department, child welfare agency, or school board shall request the information specified in sub. (2)(am)1. to 5. for all caregivers specified in sub. (1)(ag)1. b. who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of such a caregiver, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under
s. 48.65 or established or contracted for under s. 120.13(4) or of a day care provider that is certified under s. 48.651.
(b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2)(b)1.a. to e. for all persons who are caregivers specified in sub. (1)(ag)1.a. of the entity other than persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under
s. 120.13(14) or of a day care provider that is certified under s. 48.651.
(3m) Notwithstanding subs. (2)(b)1. and (3)(b), if the department, a county department, a child welfare agency or a school board has obtained the information required under sub. (2)(am) or (3)(a) with respect to a person who is a caregiver specified in sub. (1)(ag)1.b. and that person is also an employee, contractor or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2)(b)1. or (3)(b) with respect to that person.
(4) An entity that violates sub. (2), (3) or (4m)(b) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule. (4m)(a) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62 and a school board may not contract with a person under s. 120.13 (14), if the department, county department, child welfare agency or school board knows or should have known any of the following:
1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a day care center or for initial certification under s. 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under s. 120.13(14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
3. That a unit of government or a state agency, as defined in
s. 16.61(2)(d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client. 4. That a determination has been made under s.
48.981 (3)(c)4. that the person has abused or neglected a child.
5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person’s credential is not current or is limited so as to restrict the person from providing adequate care to a client.
(ad) The department, a county department or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2)(am) indicating that the person is not ineligible to be licensed, certified or contracted with for a reason specified in par. (a)1. to 5.
(b) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1)(ag)1. a. or permit a nonclient resident to reside at the entity if the entity knows or should have known any of the following:
1. That the person has been convicted of a serious crime or, if the person is a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.
3. That a unit of government or a state agency, as defined in
s. 16.61 (2)(d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
4. That a determination has been made under s. 48.981 (3)(c)4. that the person has abused or neglected a child.
5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person’s credential is not current or is limited so as to restrict the person from providing adequate care to a client.
(c) If the background information form completed by a person under sub. (6)(am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in par. (b)1. to 5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under sub. (2)(am)1. to 5. or (b)1. If the background information form completed by a person under sub. (6)(am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (b)1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under sub. (2)(am). An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.
(5)(a) Subject to par. (bm), the department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62 and a school board may contract with under s. 120.13(14) a person who otherwise may not be licensed, certified or contracted with for a reason specified in sub. (4m)(a)1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m)(b)1. to 5., if the person demonstrates to the department, the county department, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries
of a reservation, to the person or body designated by the tribe under sub. (5d)(a)3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.
(bm) For purposes of licensing a foster home or treatment foster home for the placement of a child on whose behalf foster care maintenance payments under s. 48.62(4) will be provided, no person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
1. An offense under ch. 948 that is a felony.
2. A violation of s. 940.19(3), 1999 stats., or of s. 940.19(2),
(4), (5) or (6) or 940.20(1) or (1m), if the victim is the spouse of the person.
3. A violation of s. 943.23(1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225(1), (2) or (3), 940.23, 940.305, 940.31, 941.20(2) or (3), 941.21, 943.10(2), 943.23(1g) or 943.32(2).
4. A violation of s. 940.19(3), 1999 stats., or of s. 125.075(1), 125.085(3)(a)2., 125.105(2)(b), 125.66(3), 125.68(12), 940.09, 940.19(2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63(1), (2), (5), or (6) that is a felony under s. 346.65(2)(am)5., 6., or 7., or (f), (2j)(d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2)(am).
(5c)(a) Any person who is permitted but fails under sub. (5)(a) to demonstrate to the department or a child welfare agency that he or she has been rehabilitated may appeal to the secretary or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.
(b) Any person who is permitted but fails under sub. (5)(a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is adversely affected by a decision of the director or his or her designee under this paragraph has a right to appeal the decision under ch. 68.
(c) Any person who is permitted but fails under sub. (5)(a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the state superintendent of public instruction or his or her designee. Any person who is adversely affected by a decision of the state superintendent or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.
(5d)(a) Any tribe that chooses to conduct rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following:
1. The criteria to be used to determine if a person has been rehabilitated.
2. The title of the person or body designated by the tribe to whom a request for review must be made.
3. The title of the person or body designated by the tribe to determine whether a person has been rehabilitated.
3m. The title of the person or body, designated by the tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the tribe provides any further rights to appeal.
4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g).
5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation.
(b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationall