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Register January 2017 No. 733
Chapter DCF 202
DCF 202.01   Authority, purpose and applicability.
DCF 202.02   Definitions.
DCF 202.04   Certification.
DCF 202.05   Criminal history and child abuse record search.
DCF 202.06   Certification denial.
DCF 202.065   Sanctions.
DCF 202.07   Complaints.
DCF 202.08   Standards for family child care and in-home child care.
DCF 202.09   Standards for school-age programs.
Ch. DCF 202 Note Note: Sections HFS 55.55 to 55.62 were renumbered to ss. DWD 55.01 to 55.09, Register, July, 1999, No. 523, eff. 8-1-99. Chapter DWD 55 was renumbered to chapter DCF 202 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.
DCF 202.01 DCF 202.01Authority, purpose and applicability.
DCF 202.01(1)(1)Authority and purpose. This chapter is promulgated pursuant to s. 49.155 (1d), Stats., and implements s. 48.651, Stats. This chapter establishes standards for the certification of persons who provide child care for 1 to 3 children or who are not otherwise required to be licensed as a child care center under s. 48.65, Stats., and whose services are purchased with state or federal child care funds. The standards are intended to protect and promote the health, safety and welfare of children in the care of these providers.
DCF 202.01(2) (2)Applicability. This chapter applies to certification agencies and to all providers of child care who receive reimbursement with state or federal child care funds and who are not required to be licensed under s. 48.65, Stats., including providers of child care for 1 to 3 children, providers of child care for a child in the child's home, and providers of child care for school-age children.
DCF 202.01 History History: Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; emerg. r. and recr., eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.55, Register, July, 1999, No. 523, eff. 8-1-99; CR 07-071: am. (1) and (2) Register May 2008 No. 629, eff. 6-1-08; 2015 Wis. Act 132: am. (2) Register February 2016 No. 722, eff. 3-1-16.
DCF 202.02 DCF 202.02Definitions. In this chapter:
DCF 202.02(1m) (1m) “Caregiver background check" means the retrieval of information about an individual's past criminal conduct pursuant to s. 48.685, Stats., and ch. DCF 12 that may bear on the suitability of that individual to provide child care or have regular contact with children in care.
DCF 202.02(1s) (1s) “Certification agency" means the department in a county having a population of 750,000 or more; a county department of social services established under s. 46.22, Stats.; a county department of human services established under s. 46.23, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care operators under s. 48.651, Stats.
DCF 202.02(2) (2) “Certified child care home" or “home" means the residence in which the certified child care operator provides care of children and which meets the standards under s. DCF 202.08 for reimbursement of care by certification agencies.
DCF 202.02(3) (3) “Certified child care operator" or “operator" means an individual, corporation, partnership, limited liability corporation, non–incorporated association, or cooperative that has legal and financial responsibility for the operation of a child care program and for meeting the requirements under this chapter.
DCF 202.02(3b) (3b) “Certified family child care operator" means a certified child care operator who provides care in a private residential property.
DCF 202.02(3e) (3e) “Certified in-home child care operator" means a certified child care operator who provides care in the child's home.
DCF 202.02(3f) (3f) “Certified school-age child care program" means a program providing care and supervision in other than an operator's home for fewer than 24 hours a day for 7 or more school–age children and which is exempt from being licensed as a child care center under s. 48.65 (1), Stats.
DCF 202.02(3h) (3h) “Child care certification worker" means a person employed by an agency whose duties include determination of eligibility for child care certification.
DCF 202.02(3k) (3k) “Child care provider" or “provider" means a certified child care operator or an employee or volunteer of the child care operator who provides care and supervision for infant, preschool, or school–age children on behalf of the operator.
DCF 202.02(3m) (3m) “Complaint" means an alleged violation of s. DCF 202.08 or 202.09.
DCF 202.02(5) (5) “Department" means the Wisconsin department of children and families.
DCF 202.02(5g) (5g) “Emergency" means unforeseen circumstances that call for immediate action, 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 or illness.
DCF 202.02(5r) (5r) “Employee" means any individual who works for a certified child care operator to provide care and supervision of children in care, including a substitute, helper, or assistant.
DCF 202.02(6) (6) “Family child care center" means a child care center licensed under s. 48.65, Stats., and ch. DCF 250.
DCF 202.02(8) (8) “Group child care center" means a child care center licensed under s. 48.65, Stats., and ch. DCF 251.
DCF 202.02(8m) (8m) “Hazard" means a source of danger that could jeopardize the health, safety or well-being of children in care.
DCF 202.02(9) (9) “Health check provider" means a provider of health assessment and evaluation services eligible to be certified under s. DHS 105.37 (1) (a), including an outpatient hospital facility, health maintenance organization, visiting nurse association, clinic operated under a physician's supervision, local public health agency, home health agency, rural health clinic, Indian health agency and neighborhood health center.
DCF 202.02(9c) (9c) “Impacted baby" means an infant or young child w ho suffers death or great bodily harm as a result of being thrown against a surface, hard or soft.
DCF 202.02(9g) (9g) “In care" means a child care provider is responsible for supervision of a child or children.
DCF 202.02(9r) (9r) “Inclement weather" means stormy or severe weather, including any of the following:
DCF 202.02(9r)(a) (a) Heavy rain.
DCF 202.02(9r)(b) (b) Temperatures above 90 degrees Fahrenheit.
DCF 202.02(9r)(c) (c) Wind chills of 0 degrees Fahrenheit or below for children age 2 and above.
DCF 202.02(9r)(d) (d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.
DCF 202.02(10) (10) “Infant" means a child under one year of age.
DCF 202.02(11) (11) “In-home provider" means a person caring for a child in the child's own home.
DCF 202.02(12) (12) “Licensed physician" means a physician licensed under ch. 448, Stats.
DCF 202.02(12m) (12m) “Operator's own children" means a certified family child care operator's natural, adopted, step, and foster children, and any children who reside in the operator's home.
DCF 202.02(13) (13) “Parent" has the meaning given in s. 49.155 (1) (c), Stats.
DCF 202.02 Note Note: Section 49.155 (1) (c), Stats., provides: “Notwithstanding s. 49.141 (1) (j), `parent' means a custodial parent, foster parent, treatment foster parent, legal custodian or person acting in place of a parent."
DCF 202.02(14) (14) “Physician assistant" means a health care professional certified under s. 448.04 (1) (f), Stats., and ch. Med 8.
DCF 202.02(15) (15) “Premises" means the tract of land on which the home used for child care is located, including all buildings and structures on that land.
DCF 202.02(16) (16) “Publicly funded parent" means a parent whose child care expenses are subsidized directly with state or federal funds.
DCF 202.02(18) (18) “Related to the provider" means the provider's natural or adopted children, foster children, stepchildren, grandchildren, brothers, sisters, first cousins, nephews, nieces, uncles and aunts.
DCF 202.02(19) (19) “School-age child" means a child 7 years of age or older who is enrolled in a public school or a parochial or other private school.
DCF 202.02(20c) (20c) “Shaken baby syndrome" means a severe form of brain injury that occurs when an infant or young child is shaken forcibly enough to cause the brain to rebound against his or her skull.
DCF 202.02(20g) (20g) “Substitute" means a provider who replaces the certified child care operator or staff in a school age program on a pre-arranged or planned basis.
DCF 202.02(20n) (20n) “Sudden infant death syndrome" 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.
DCF 202.02(20r) (20r) “Supervision" means guidance of the behavior and activities of children for their health, safety, and well-being by a provider who is within sight or sound of the children, except as specified in s. DCF 202.08 (5) (j).
DCF 202.02(20w) (20w) “Suspension" means a temporary interruption in the regulatory approval during which the certified child care operator may not be paid by the child care subsidy program.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.