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. DCF 202.08(1)(a)1.1. A provider shall be physically and emotionally able to provide responsible child care and shall be at least 18 years of age.
DCF 202.08(1)(a)2.
2. A provider, household member, volunteer, visitor or parent who has symptoms of illness or of a communicable disease reportable under
ch. DHS 145 that may be transmitted through normal contact, or whose behavior or mental or physical condition gives reasonable concern for the safety of the children, may not be in contact with the children in care.
DCF 202.08(1)(a)3.
3. Each family and in-home child care operator shall demonstrate that he or she is free from tuberculosis prior to certification and recertification. The agency may accept results of a test administered up to 12 months before the application date.
DCF 202.08(1)(b)1.1. `Level I (regular) and Level II (provisional).' Each certified family and in-home child care operator and all employees and volunteers of a certified family or in-home child care operator who provide care and supervision for children under one year of age shall receive training in the most current medically accepted methods of preventing sudden infant death syndrome before the date on which the child care operator is certified or the employment or volunteer work commences. Except for a volunteer who does no sole supervision of a child, each certified family child care operator, certified in-home child care operator, employee, and volunteer who provides care and supervision for children under 5 years of age shall receive department-approved training on shaken baby syndrome and impacted babies and appropriate ways to manage crying or fussing children
. The training shall be completed by one of the following methods:
DCF 202.08(1)(b)1.a.
a. Complete the department-approved, in-person training on shaken baby syndrome prevention and impacted babies before the date on which the child care operator is certified or the employment or volunteer work commences.
DCF 202.08(1)(b)1.b.
b. View a department-approved video on shaken baby syndrome prevention and impacted babies before the date on which the child care operator is certified or the employment or volunteer work commences and complete a department-approved, in-person training within 6 months of certification approval or start of employment or volunteer work.
DCF 202.08 Note
Note: Contact Child Care Resource and Referral at 1/888-713-5437 for further information on these classes.
DCF 202.08(1)(b)2.
2. `Level I (regular).' The following apply to Level I (regular) certified family and in-home child care operators:
DCF 202.08(1)(b)2.a.
a. A Level I (regular) certified family and in-home child care operator under
s. DCF 202.04 (5) (a) shall have completed at least 2 credits of early childhood training or non-credit department-approved training prior to Level I (regular) certification.
DCF 202.08 Note
Note: Contact Child Care Resource and Referral at 1-888-713-5437 for further information on classes.
DCF 202.08 Note
The T.E.A.C.H. Early Childhood® WISCONSIN Scholarship Program offers scholarship opportunities to teachers, family child care providers, center directors and administrators for credit-based training. For further information, contact Wisconsin Early Childhood Association, 744 Williamson Street, Suite 200, Madison, WI 53703. Phone: 608-240-9880 or 1-800-783-9322. Fax: 608-240-9890. Website:
http://www.wecanaeyc.org.
DCF 202.08(1)(b)2.b.
b. A county or tribal agency may require up to 5 hours of annual continuing education by a Level I (regular) certified provider each year following Level I (regular) certification.
DCF 202.08(1)(b)2.c.
c. Prior to issuing a Level I (regular) certification, the county or tribal agency may require that an applicant graduated from high school, obtained a high school equivalency diploma under s.
115.29 (4), Stats., or obtained a certificate of general education development under
s. PI 5.04.
DCF 202.08(1)(b)2.d.
d. A substitute who has worked more than 240 hours for a certified family or in-home child care operator with a Level I (regular) certification shall comply with the training requirements in
subd. 2. a. and
b.
DCF 202.08(1)(c)
(c) Reporting changes. A certified family child care operator shall report as soon as possible, but no later than the county or tribal agency's next working day, to the agency any changes that affect the certified family child care operator's eligibility for certification under this chapter, including the following:
DCF 202.08(1)(c)1.
1. Death of a child in care or accident that results in an injury to a child in care that requires professional medical treatment.
DCF 202.08(1)(c)2.
2. Any damage to the premises that may affect compliance with this chapter.
DCF 202.08(1)(c)3.
3. Any construction or remodeling of the premises that might have an effect on health and safety of children in care.
DCF 202.08(1)(c)4.
4. Convictions, pending charges, or other offenses of the child care operator, household member, or other persons subject to a caregiver background check that could potentially relate to the care of children.
DCF 202.08(1)(c)5.
5. Any incident involving law enforcement, including outstanding warrant or child protective services contact.
DCF 202.08(1)(c)6.
6. 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.
DCF 202.08(1)(c)9.
9. Upon the hiring of a new employee or volunteer and before the employment or volunteer work commences.
DCF 202.08(1)(d)
(d) Substitutes, employees, and volunteers. A substitute, employee, or volunteer for a Level I or II child care operator shall be approved by the county or tribal agency before employment or volunteer work commences. The county or tribal agency shall approve the substitute, employee, or volunteer if the agency has verification that the substitute, employee, or volunteer has met the standards under
s. DCF 202.05, regarding the criminal history and child abuse record search, and completed the training on sudden infant death syndrome and shaken baby syndrome and impacted babies required under
par. (b) 1.
DCF 202.08(1)(e)
(e)
Administration. A certified family child care operator shall do all of the following:
DCF 202.08(1)(e)1.
1. Comply with all local and state laws governing the certified child care program and its operation and ensure that all employees and volunteers comply with these laws.
DCF 202.08(1)(e)3.
3. Ensure that all information provided to the county or tribal agency is current and accurate.
DCF 202.08(1)(e)4.
4. Permit a child care certification worker to conduct home inspections to monitor compliance with certification standards in this chapter.
DCF 202.08(2)
(2) The home for providing family child care. A certified child care home and outside play areas shall meet the following requirements:
DCF 202.08(2)(a)2.
2. Each floor or level used for child care shall have at least 2 exits.
DCF 202.08(2)(a)2m.
2m. Notwithstanding
subd. 2., child care operators who hold a certification under s.
48.651, Stats., on June 1, 2008, are not required to comply with
subd. 5. until June 1, 2010.
DCF 202.08(2)(a)3.
3. The primary exit shall be a door or a stairway providing unobstructed travel to the outside of the building at street or ground level.
DCF 202.08(2)(a)4.
4. If the care is not provided in a basement, the secondary exit shall be one of the following:
DCF 202.08(2)(a)4.a.
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
