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.
DCF 202.08(2)(a)4.b.
b. A door or stairway leading to a platform or roof with railings which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above the ground level.
DCF 202.08(2)(a)4.c.
c. 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 window opening size of at least 20 inches in width and 24 inches in height.
DCF 202.08(2)(a)5.
5. If the care is provided in a basement, the secondary exit shall be one of the following:
DCF 202.08(2)(a)5.a.
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
DCF 202.08(2)(a)5.b.
b. 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 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.
DCF 202.08(2)(am)
(am) The home shall have a working carbon monoxide detector and each floor level shall have a working smoke detector.
DCF 202.08(2)(b)
(b) All areas used for child care shall have adequate and safe heat, light and ventilation, including all of the following:
DCF 202.08(2)(b)1.
1. The inside temperature of the home may not be less than 67 degrees Fahrenheit.
DCF 202.08(2)(b)2.
2. If the inside temperature exceeds 80 degrees Fahrenheit, a child care provider shall provide for air circulation with safe fans or other means.
DCF 202.08(2)(c)
(c) The home shall be free of hazards, including any recalled products. Items that shall be kept inaccessible to the children include, but are not limited to, the following:
DCF 202.08(2)(cm)
(cm) Fire arms and ammunition materials shall be stored in separate, locked areas that are inaccessible to children.
DCF 202.08(2)(d)
(d) Indoor and outdoor areas used for child care shall include sufficient space for play and for activities that meet the developmental needs of the children in care.
DCF 202.08(2)(e)
(e) Outdoor play areas shall be free of hazards and shall be fenced or the certified child care operator shall take special measures to ensure the safety of the children, including the following:
DCF 202.08(2)(e)1.
1. Concrete and asphalt shall be prohibited under climbing equipment, swings, and slides.
DCF 202.08(2)(e)2.
2. In-ground pools, on-ground pools, hot tubs, and large outdoor trampolines may not be used during hours of care and shall be inaccessible to children by use of a permanent barrier or other preventive measure.
DCF 202.08(2)(e)3.
3. Wading pools may be used if the water is changed daily and the pool is disinfected daily. In this subdivision, "wading pool" means a shallow pool, capable of being dumped to change water, and used primarily for small children.
DCF 202.08(2)(f)
(f) Pets that are kept in the home shall be tolerant of children and vaccinated against rabies.
The rabies vaccination shall be documented with a current certificate from a veterinarian. Pets that may pose any risk to the children shall be restricted from indoor and outdoor areas used for child care.
DCF 202.08(2)(g)
(g) The home shall have at least one telephone in working order with a list of emergency numbers posted by each telephone, including numbers for the rescue squad, police, fire station, emergency medical care, and poison control center. The certifying agency may prohibit the use of a cellular phone as a primary phone. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care.
DCF 202.08(2)(i)
(i) The home shall be clean, uncluttered and free of insects and rodents.
DCF 202.08(2)(j)
(j) Bathrooms, including toilets, sinks and potty chairs, shall be clean and in good working condition. Items listed in
par. (c) may not be stored in a bathroom that is used by children in care.
DCF 202.08(2)(k)
(k) When a public water supply is not available, the water shall be tested and found to be bacteriologically safe and to have safe nitrate levels by a laboratory certified under
42 CFR 493 (CLIA) prior to initial certification and at least every following 2 years.
DCF 202.08(2)(L)
(L) Areas, equipment, utensils, and appliances for food preparation, serving and clean–up shall be kept clean, sanitary, and in good working condition.
DCF 202.08(2)(m)
(m) Children may not share cups, eating utensils, washcloths or towels.
DCF 202.08(2)(n)
(n) Smoking shall be prohibited in any indoor or outdoor area in which children are present.
DCF 202.08(2)(o)
(o) If the child care is provided in a rental property, the provider shall obtain permission from his or her landlord to operate a child care business.
DCF 202.08(2)(p)
(p) The premises may not have any chipping, peeling, or deteriorating paint on exterior or interior surfaces in areas accessible to children.
DCF 202.08(3)
(3) THE HOME FOR PROVIDING IN-HOME CARE. When a certified child care operator cares for children in the children's own home, the operator shall comply with requirements in
sub. (2) (c),
(e),
(L) and
(n), but the operator is not required to comply with requirements in
sub. (2) (a),
(am),
(b),
(d),
(f),
(g),
(i),
(j),
(k),
(m),
(o), and
(p).
DCF 202.08(4)(a)(a) Except as provided under
pars. (c) and
(d), a certified child care operator shall have a current report of a physical examination on file for each child, including the operator's own children in care, as follows:
DCF 202.08(4)(a)1.
1. For a child under 2 years of age, a report of a physical examination conducted not more than 6 months prior to nor later than 3 months after the child is admitted, and a follow-up health examination at least once every 6 months after admission.
DCF 202.08(4)(a)2.
2. For a child 2 years of age or older, a report of a physical examination conducted not more than 2 years prior to nor later than 3 months after the child is admitted, and a follow-up health examination at least once every 2 years after admission.
DCF 202.08(4)(b)
(b) The physical examination report shall be signed and dated by a licensed physician, a physician's assistant or a health check provider.
DCF 202.08(4)(c)
(c) The requirement under
par. (a) does not apply to a child care operator who requests from the county or tribal agency in writing an exemption for a child based upon adherence by the child's parent to religious belief in exclusive use of prayer or spiritual means for healing.
DCF 202.08(4)(d)
(d) The requirement under
par. (a) does not apply to school-age children. Notwithstanding
s. DCF 202.02 (19), in this paragraph, "school-age children" means children 5 years of age or older who are enrolled in kindergarten or a higher grade in a public or private school.
DCF 202.08(4)(e)
(e) The certified child care operator shall have on file a written record verifying that each child in care has been immunized in accordance with s.
252.04, Stats., and
ch. DHS 144.
DCF 202.08(4)(f)
(f) A child care provider may administer medication to a child only in accordance with written and signed permission from the child's parent.
DCF 202.08(4)(g)
(g) A child care provider shall wash his or her hands with soap and warm running water after toileting, prior to food preparation, and after diapering children.
DCF 202.08(4)(h)
(h) A child care provider shall require all children in the provider's care to wash their hands with soap and warm running water before eating and after toileting.
DCF 202.08(4)(i)
(i) A child care provider shall change a child's diaper on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use.
DCF 202.08(4)(j)
(j) A child care provider shall clean a child's superficial wound with soap and water only and protect it with a band-aid or bandage.
DCF 202.08(4)(k)
(k) If a child care operator or a child care provider is aware that a child attending certified child care or a child care operator's own child has a reportable communicable disease under
ch. DHS 145 that is transmitted through normal contact, such as chicken pox, German measles, infectious hepatitis, measles, mumps, scarlet fever, or meningitis, the operator or provider shall comply with all of the following requirements:
DCF 202.08(4)(k)1.
1. The child care operator or child care provider shall notify the local public health officer and parents of all the enrolled children.
DCF 202.08(4)(k)2.
2. A child who has or had a reportable communicable disease under
ch. DHS 145 may not be admitted to certified child care unless the child's parents provide a statement from a physician that the child's condition is no longer contagious or the child has been absent for a period of time equal to the longest usual incubation period for the disease as specified by the department of health services.
DCF 202.08 Note
Note: The Division of Public Health within the Department of Health Services has developed materials that identify those communicable diseases that are required to be reported to a local public health officer. These materials also provide information on the symptoms of each disease and guidance on how long an infected child must be excluded from child care. The materials include a communicable disease chart and exclusion guidelines for child care programs. Copies of the communicable disease chart or the exclusion guidelines for child care are available from the Child Care Information Center at 1-800-362-7353.
DCF 202.08(5)(a)(a) A child care provider may not be engaged in any other activity or occupation during the hours of operation which interferes with the adequate care and supervision of children.
DCF 202.08(5)(b)
(b) A child care provider shall be awake whenever the children in care are awake.
DCF 202.08(5)(c)
(c) No individual provider may take care of children for more than 16 hours in any 24-hour period. The 16-hour period includes any combination of care by a provider who is both licensed as a family day care provider and certified as a family day care provider.
DCF 202.08(5)(d)
(d) The certified child care operator shall ensure that each child has adult supervision at all times.
DCF 202.08(5)(e)
(e) The certified child care operation shall ensure that no person under 18 years of age is left in sole charge of the children.
DCF 202.08(5)(em)
(em) The certified child care operator has a designated adult who can provide assistance in the event an unexpected emergency. The emergency back-up child care provider is at least 18 years of age and can provide an acceptable level of child care.
DCF 202.08(5)(f)
(f) The certified child care operator and any other adult working with children may not consume or be under the influence of alcoholic beverages or any non-prescribed controlled substance specified in
ch. 961, Stats., during the hours of operation.
DCF 202.08(5)(g)
(g) No person in the certified home may consume or be under the influence of alcoholic beverages or any non-prescribed controlled substance specified in
ch. 961, Stats., during the hours of operation in the presence of children.
DCF 202.08(5)(h)
(h) A certified child care operator may not allow any person whom the operator determines to be a threat to the health or safety of the children to have contact with the children in the operator's care.
DCF 202.08(5)(i)
(i) The certified child care operator shall keep a current written record of the daily hours of attendance of each child in care, including the actual arrival and departure times for each child. Attendance records shall be kept for at least 3 years.
DCF 202.08(5)(j)
(j) When the children are playing outside, a child care provider shall be outside with the children and shall provide both sight and sound supervision at all times.
DCF 202.08(6)(a)(a) No certified family child care operator may have more than 3 children under 7 years of age who are not related to the child care operator in care at any given time.
DCF 202.08(6)(b)
(b) No certified family operator may have more than 6 children in care, including children related to the operator, except that:
DCF 202.08(6)(b)1.
1. If 3 of the children are under the age of 2, the total number of children may not exceed 5.
DCF 202.08(6)(b)2.
2. If 4 of the children are under the age of 2, the total number of children may not exceed 4.
DCF 202.08(6)(c)
(c) A child care operator's natural, adopted, step, or foster children 7 years of age or older or any child 7 years and older residing in the operator's home are not counted in determining the maximum number of children allowed under
par. (b).
DCF 202.08(6)(d)
(d) The maximum number of children that may be in care is shown in Table 202.08 (6).
DCF 202.08(6)(e)
(e) When a certified in-home child care operator cares for children in the children's own home, the following apply:
DCF 202.08 Note
Note: Under s.
48.65 (1), Stats., if a provider takes care of 4 or more children under the age of 7 who are not related to the provider, for compensation, the provider must obtain from the department a license to operate a child care center.
DCF 202.08(7)
(7) PROVIDER INTERACTIONS WITH CHILDREN. A child care provider shall interact with the children in a caring and positive manner and:
DCF 202.08(7)(a)
(a) Shall protect children in care from danger and be aware of where each child is at all times.
DCF 202.08(7)(b)
(b) May not hit, spank, pinch, shake, slap, throw, or inflict any other form of corporal punishment on the child, or use any discipline that is frightening to the child, including binding or trying to restrict the child's movement or enclosing the child in a confined space such as a closet, basement, locked room, box, or similar cubicle.
DCF 202.08(7)(c)
(c) May not verbally abuse or threaten a child or make derogatory remarks about the child or the child's family.
DCF 202.08(7)(d)
(d) Shall provide positive guidance and redirection for the children and set clear limits for the children.
DCF 202.08(7)(e)
(e) Shall help each child develop self-control, self-esteem, and respect for the rights of others.
DCF 202.08(7)(f)
(f) May not use time-out periods that exceed 5 minutes. For purposes of this paragraph, a "time-out" is an interruption of unacceptable behavior by the removal of the child from the situation.
DCF 202.08(7)(h)
(h) Shall respond promptly to a crying infant or toddler's needs.
DCF 202.08(7)(i)
(i) Shall provide physical contact and attention to each infant and toddler throughout the day, including holding, rocking, talking to, singing to, and taking on walks inside and outside the home.
DCF 202.08(7)(j)
(j) Shall periodically change the position and location in the room of a non-walking child who is awake.
DCF 202.08(8)(a)(a) A child care provider shall plan activities so that each child may be or do all the following:
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