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.
DCF 202.02(21)
(21) "Tribe" means an American Indian tribe recognized by the federal government.
DCF 202.02(22)
(22) "Volunteer" means a person who agrees to give time, with or without compensation, to transport or to work with children in care.
DCF 202.02 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; r. and recr.
Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr.,
Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.56; r. and recr. (1) and am. (4) and (22),
Register, July, 1999, No. 523, eff. 8-1-99; correction in (6) and (13) made under s. 13.93 (2m) (b) 7., Stats.,
Register, July, 1999, No. 523;
CR 02-007: am. (1) and (4), cr. (3m) and (4m)
Register May 2002 No. 557, eff. 6-1-02;
CR 07-071: cr. (1m), (3b), (3e), (3k), (5g), (5r), (8m), (9c), (9g), (9r), (12m), (20c) to (20w), r. and recr. (2), (15) and (22), am. (3), (6) and (8), renum. (4m) and (20) to be (3h) and (3f) and am., r. (7) and (17)
Register May 2008 No. 629, eff. 6-1-08; corrections in (1m), (2), (3m), (5), (6), (8), (9) and (20r) made under s. 13.92 (4) (b) 6. and 7., Stats.,
Register November 2008 No. 635.
DCF 202.04(1)(1)
BASIS FOR CERTIFICATION. In order to be certified, a child care operator shall be exempt from the licensure requirement in s.
48.65, Stats., and shall comply with the appropriate standards for the type of certified operator that are specified in this chapter.
DCF 202.04(2)
(2) TYPES OF CERTIFIEd operatorS. The following types of child care operators shall be certified as a condition for receiving state or federal child care funds:
DCF 202.04(2)(a)
(a)
Certified family child care operators and in–home operators. Certified family child care and in–home operators are required to meet the standards under
s. DCF 202.08 and may care for infant, preschool, or school–age children consistent with Table 202.08 (6).
DCF 202.04(2)(b)
(b)
Certified school-age child care programs. Certified school-age child care programs are required to meet the standards under
s. DCF 202.09.
DCF 202.04(3)(a)(a)
Form. Application for certification shall be made on a form available from the county or tribal agency in the county or tribal territory where the child care is provided. The applicant shall submit the completed form to that county or tribal agency.
DCF 202.04(3)(c)
(c)
Criminal background. The applicant shall comply with the background information requirements of s.
48.685, Stats.
DCF 202.04(3)(d)
(d)
Compliance with standards and certification. The county or tribal agency shall process all certification applications as follows:
DCF 202.04(3)(d)1.
1. If the application is for certification under
sub. (2) (a), the county or tribal agency shall review the application for compliance with standards under
s. DCF 202.08 prior to issuing a certificate.
DCF 202.04(3)(d)2.
2. If the application is for certification under
sub. (2) (b), the county or tribal agency shall refer the application to a licensing representative in the department regional office. The licensing representative shall determine whether the applicant is in compliance with all standards under
s. DCF 202.09 and report back to the county or tribal agency. The county or tribal agency may issue a certificate based on the licensing representative's report.
DCF 202.04(3)(e)
(e)
Approval. Within 60 days after receiving a completed application for certification or recertification and satisfactory investigation and determination that the applicant is fit, the county or tribal agency shall either approve the application and issue a certificate or deny the application. Fit means the applicant displays the capacity to successfully nurture and care for children and includes consideration of any of the following:
DCF 202.04(3)(e)2.
2. 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.
DCF 202.04(3)(e)4.
4. A history of civil or criminal offenses or any other actions that demonstrate an inability to manage the activities of a child care program.
DCF 202.04(3)(f)
(f) The county or tribal agency may backdate a certificate of approval to the date that the county or tribal agency received the applicant's completed application for certification.
DCF 202.04(4)(a)(a) A county or tribal agency may charge a fee for family child care certification not to exceed 150 percent of the licensing fee for a family child care center that provides care and supervision for 4 to 8 children, under s.
48.65 (3) (a), Stats., plus the costs of criminal record checks required under s.
48.685, Stats.
DCF 202.04(4)(b)
(b) The county or tribal agency may charge a fee for school-age child care certification not to exceed the licensing fee for a group child care center that provides care and supervision for 9 or more children under s.
48.65 (3) (a), Stats., plus the costs of criminal record checks required under s.
48.685, Stats.
DCF 202.04(5)
(5) Categories of family certification. Certification of a provider by a county or tribal agency shall be Level I (regular) or Level II (provisional) as follows:
DCF 202.04(5)(a)
(a) Level I (regular) certification. Level I (regular) certification may be issued only after the child care operator has demonstrated compliance with all certification standards including training. Level I (regular) certification shall be for a period of 2 years and shall be renewed upon application if the operator continues to comply with the certification standards under
s. DCF 202.08.
DCF 202.04(5)(b)
(b)
Level II (provisional) certification. Level II (provisional) certification may be issued only after the child care operator has demonstrated compliance with all certification standards under
s. DCF 202.08, except standards for training under
s. DCF 202.08 (1) (b). Level II (provisional) certification shall be for a period of 2 years and shall be renewed upon application if the operator continues to comply with the certification standards, except standards for training under
s. DCF 202.08 (1) (b).
DCF 202.04(6)(a)(a) The county or tribal agency responsible for certification of a provider shall be determined by the geographic area in which the child care is provided.
DCF 202.04(6)(b)
(b) Certification issued to a provider by a county or tribal agency shall be accepted as valid by all other agencies authorized to certify providers.
DCF 202.04(6)(c)
(c) The county or tribal agency shall ensure that each new day care certification worker completes the department-approved certification training during the first 6 months of employment.
DCF 202.04(7)(a)(a)
Qualifications of certified child care operators. County and tribal agencies shall maintain records demonstrating child care operator compliance with
s. DCF 202.08 (1).
DCF 202.04(7)(b)2.a.
a. Require receipt of a signed application from the operator agreeing to follow child care certification standards.
DCF 202.04(7)(b)2.b.
b. Provide a checklist of basic child care certification standards and procedures for filing a complaint to all parents who are using certified family child care or in-home care and who are publicly funded parents.
DCF 202.04(7)(b)2.bm.
bm. Require the applicant and any employees, volunteers, and non-client residents 10 years of age or older to submit a background information disclosure form prior to initial certification and every following 2 years.
DCF 202.04(7)(b)2.c.
c. Provide information on child care and the certification system to applicants prior to initial certification. The information shall include materials on sudden infant death syndrome, shaken baby syndrome and impacted babies, child development, positive discipline, health and safety, and nutrition.
DCF 202.04 Note
Note: Contact Wisconsin Child Care Information Center at 1-800-362-7353 for information on available materials.
DCF 202.04(7)(b)2.d.
d. Conduct an on–site inspection of the premises where child care will be provided, including areas that will not be used for child care, before initial certification, recertification, or within 30 days following a child care operator's move to a new location.
DCF 202.04(7)(b)2.e.
e. Check the criminal record history of applicants for certification, employees and prospective employees, volunteers, and non-client residents as specified in s.
48.685 (2) (am), Stats.
DCF 202.04(7)(b)2.f.
f. Check files on child abuse and neglect findings or pending investigations related to applicants, employees and prospective employees, volunteers, and individuals living in the applicant's home.
DCF 202.04(7)(b)2.h.
h. Request a statement from the appropriate regulating agency indicating that the regulating agency approves a child care business in the applicant's home if the applicant has a separate license or certification to care for children or adults, including foster care or adult care. The request shall include a request for permission for the licensed or certified caregiver to release information necessary for a criminal history record search for residents and clients in the applicant's home.
DCF 202.04(7)(b)3.a.
a. Conduct on–site inspections at any time prior to or after certification is approved to monitor compliance with certification standards, in addition to the required inspection under
subd. 2. d.
DCF 202.04(7)(b)3.b.
b. Make certification available to all family child care providers, whether or not public funding is involved.
DCF 202.04(7)(b)3.c.
c. Request that all parents whose children are cared for by a certified family child care operator complete the answers to questions on the checklist and return the checklist provided under
subd. 2. b.
DCF 202.04(7)(b)3.d.
d. Require the child care operator to submit references at initial certification and at certification renewal.
DCF 202.04(7)(b)3.e.
e. Require an evaluation and written statement by a physician or licensed mental health professional of any person associated with the care of children or any household resident if the county or tribal agency has reason to believe that the person's physical or mental health may endanger children in care. The county or tribal agency shall document what reason it has to believe that the person's physical or mental health may endanger children in care.
DCF 202.04(8)
(8) EXCEPTIONS TO PARTICULAR CERTIFICATION REQUIREMENTS. A county or tribal agency may grant an exception to any standard in
s. DCF 202.08 or
202.09 if the county or tribal agency determines that an alternative means meets the intent of the requirement, except for rules related to criminal background investigation required under s.
48.685, Stats.
DCF 202.04(9)
(9) Certification decision after background review. The county or tribal agency shall conduct background reviews in accordance with s.
48.685, Stats. For guidance in resolving issues that arise in particular cases, the county or tribal agency shall follow
ch. DHS 12, and the crimes table incorporated into
ch. DHS 12, and shall apply the standards that apply to licensed child care facilities.
DCF 202.04 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; am. (4) (b),
Register, November, 1987, No. 383, eff. 12-1-87; renum. (5) to be (6), cr. (5),
Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr.
Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.58, am. (2) (a) and (b), (3) (c), (d) 1. and 2., (5) (a) and (b), (7) (a) and (b) 1., and (8) and cr. (9),
Register, July, 1999, No. 523, eff. 8-1-99;
CR 02-007: am. (3) (b), (5) (a), (b), (7) (b) 2. c., d., and (9), r. (3) (f), cr. (6) (c), (7) (b) 2. h., and 3. d.
Register May 2002 No. 557, eff. 6-1-02;
CR 07-071: am. (1), (2), (5) (title), (a), (b), (7) (a), (b) 1., 2. a. to f., 3. a. to d. and (9), r. (3) (b) and (7) (b) 4., r. and recr. (3) (e) and (7) (b) 2. g., cr. (3) (f), (4) (b), (7) (b) 2. bm. and 3. e., renum. (4) to be (4) (a) and am.
Register May 2008 No. 629, eff. 6-1-08; corrections in (2), (3) (d), (e) 2., (5), (7) (a), (b) 1., (8) and (9) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register November 2008 No. 635.
DCF 202.05
DCF 202.05
Criminal history and child abuse record search. DCF 202.05(1)(1) The county or tribal agency shall follow the requirements for criminal history and child abuse record search that are contained in s.
48.685, Stats., and
ch. DHS 12, and the crimes table incorporated into
ch. DHS 12, and shall apply the standards that apply to licensed child care facilities, except the county or tribal agency shall require any prospective or current employee, contractor under the control of the certified child care operator, volunteer, or non-client resident to submit the completed background information form to the county or tribal agency prior to initial certification and recertification. In applying the provisions relating to rehabilitation decisions, all decisions and review procedures shall be made and conducted by the county or tribal agency.
DCF 202.05 Note
Note: Detailed information on ch.
DHS 12, Wis. Adm. Code, may be obtained by calling the DCF Bureau of Early Childhood Education at (608) 261-6317 (option 2) or by sending a written request to the DCF Bureau of Early Childhood Education at P.O. Box 8916, Madison WI 53708-8916. In addition, the DHS requirements are posted by the Department of Health Services at the following web site address:
http://dhs.wisconsin.gov/caregiver/index.htm DCF 202.05(2)
(2) Each county or tribal agency shall maintain its records concerning each person whose certificate is denied, revoked, or not renewed for a reason specified in s.
48.685 (4m) (a) 1. to
5., Stats. The county or tribal agency shall report this information to the department's bureau of early childhood education. The county or tribal agency shall immediately report the receipt of an application for rehabilitation review and the results of each rehabilitation review to the office of legal counsel of the department of health services.
DCF 202.05 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; r. and recr.
Register, February, 1997, No. 494, eff. 3-1-97
; renum. from HFS 55.59 and r. and recr.,
Register, July, 1999, No. 523, eff. 8-1-99; cr. (4) and (5),
Register, November, 1999, No. 527, eff. 12-1-99;
CR 02-007: am. (1) and (2), r. and recr. (3), r. (4) and renum. (5) to be s.
DWD 55.06 (1) Register May 2002 No. 557, eff. 6-1-02;
CR 07-071: am. (1) and (2), r. (3)
Register May 2008 No. 629, eff. 6-1-08; corrections made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register November 2008 No. 635.
DCF 202.06(1)
(1) The county or tribal agency may deny, suspend, revoke or refuse to renew certification if any of the following apply:
DCF 202.06(1)(b)
(b) The child care operator's references or other community information does not support the operator's declaration that he or she is able to provide an acceptable level of child care.
DCF 202.06(1)(c)
(c) The county or tribal agency determines there is danger to the health, safety or welfare of the children in care.
DCF 202.06(1)(d)
(d) The child care operator submits false attendance records to the child care subsidy administrative agency.
DCF 202.06(1)(e)
(e) The child care operator fails to cooperate with the certifying agency.
DCF 202.06(1)(f)
(f) The applicant's license or certificate to care for children or adults has been denied or revoked.
DCF 202.06(1)(g)
(g) The child care operator misrepresents or withholds information.
DCF 202.06(1)(h)
(h) The child care operator or an employee or volunteer denies the day care certification worker access to the premises to monitor compliance with the certification standards.
DCF 202.06(1)(i)
(i) The child care operator, an employee, a volunteer, or any other person having regular contact with the children in care is or has been any of the following:
DCF 202.06(1)(i)1.
1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the program.
DCF 202.06(1)(i)2.
2. Convicted of a felony, misdemeanor, or other offense that substantially relates to the care of children or activities of the program.
DCF 202.06(2)
(2) The county or tribal agency shall require a child care operator to submit a new application for certification if the operator's previous certification was denied, revoked, or not renewed for a reason in
s. DCF 202.05 or
202.06 (1). The county or tribal agency may refuse to accept a new application for 2 years after the date of the denial, revocation, or refusal to renew the certification.
DCF 202.06(3)
(3) A child care operator whose certification has been revoked twice for noncompliance with the certification standards in
s. DCF 202.08 or
202.09 shall be permanently barred from certification.
DCF 202.06(4)
(4) If a county or tribal agency denies, suspends, revokes or refuses to renew a certification, the county or tribal agency shall notify the child care operator in writing and give reasons for the action. The action is reviewable pursuant to
ch. 68, Stats., which provides for administrative review of the decisions of local agencies. Tribal agencies shall use an appeal process equivalent to the process in
ch. 68, Stats.
DCF 202.06 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; r. and recr.
Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.60,
Register, July, 1999, No. 523, eff. 8-1-99;
CR 02-007: renum. and am. s.
DWD 55.06 to be sub. (4), cr. (1) (d), (e), (g), (h), (2) and (3)
Register May 2002 No. 557, eff. 6-1-02;
CR 07-071: am. (1) (intro.), (a), (b), (d), (e), (g), (h) and (2) to (4), cr. (1) (i) and (j)
Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (a), (j), (2) and (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DCF 202.065
DCF 202.065
Sanctions. If a certified child care operator violates the provisions of this chapter, s.
48.685, Stats., or
ch. DHS 12, the county or tribal agency shall require the operator to submit a plan of correction for violation in writing and may impose any or all of the following sanctions:
DCF 202.065(1)
(1) Forbid the operator to enroll any new children until all violations have been corrected.
DCF 202.065(3)
(3) Suspend the operator's certification for not more than 60 days. The agency shall either reinstate or revoke the certification by the date that the suspension expires.
DCF 202.065 History
History: CR 07-071: cr.
Register May 2008 No. 629, eff. 6-1-08; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats,
Register November 2008 No. 635.
DCF 202.07
DCF 202.07
Complaints. Within 10 working days after a county or tribal agency receives a complaint about a certified child care operator, the county or tribal agency shall investigate that complaint.
DCF 202.07 History
History: Cr.
Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr.
Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.605,
Register, July, 1999, No. 523, eff. 8-1-99;
CR 07-071: am.
Register May 2008 No. 629, eff. 6-1-08.
DCF 202.08
DCF 202.08
Standards for family child care and in-home child care.
