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.
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.
(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.
DCF 250.02 Note
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 250.02 History
History: CR 03-052
: cr. Register December 2004 No. 588
, eff. 3-1-05.
In this chapter:
"Care" means providing for the safety and the developmental needs of a child in a family child care center.
"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.
"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.
"Complaint" means an allegation of violation of this chapter or ch. 48, Stats.
"Crib" means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.
"Department" means the Wisconsin department of children and families.
"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.
"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.
"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.
"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.
"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.
"Fit and qualified" means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:
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
A history of civil or criminal offenses or any other action that demonstrates an inability to manage the activities of a center.
"Foster care" means care and maintenance provided to a child in a foster home pursuant to a court order or voluntary placement agreement.
"Hazard" means a potential source of harm that can jeopardize the health, safety or well-being of a child in care.
"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.
"Inclement weather" means stormy or severe weather such as any of the following:
Wind chills of 0 degrees Fahrenheit or below for children age 2 and above.
Wind chills of 20 degrees Fahrenheit or below for children under age 2.
"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.
"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.
"Licensing representative" means a department employee responsible for licensing family child care centers.
"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
"Night care" means any care that is offered by a licensed family child care center between 9:00 PM and 5:00 AM.
"Physical restraint" means the use of physical force to restrict the free movement of all or a portion of a child's body.
"Premises'' means the tract of land on which the center is located, including all buildings and structures on that land.
"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.
"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.
"Representative of the department" means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.
"School-age child" means a child 5 years of age or older who is enrolled in a public or private school.
"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.
"Sleeping bag" means a padded fabric bag that is closed or capable of being closed on 3 sides.
"Substitute" means a provider who replaces another provider on a pre-arranged basis.
"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.
"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 250.07 (7) (e)
"Toddler" means a child at least one year of age but less than 2 years of age.
"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
DCF 250.03 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.
"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.
"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 250.03 History
History: CR 03-052
: cr. Register December 2004 No. 588
, eff. 3-1-05; corrections in (2), (5), (11) (b), (14), (20) and (34) made under s. 13.92 (4) (b) 6.
, Stats., Register November 2008 No. 635
; CR 07-102
: cr. (4m), (11) (d), (13m), (14m) and (30m), am. (10), (11) (intro.), (15) (b) to (d), (18), (27), (28), (34) and (37) Register December 2008 No. 636
, eff. 1-1-09; corrections in (27) and (34) made under s. 13.92 (4) (b) 7.
, Stats., Register December 2008 No. 636
; CR 10-148
: am. (13) Register August 2011 No. 668
, eff. 9-1-11.
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.
The age of children served by a center may not be younger or older than the age range specified in the license issued.
The hours, days and months of a center's operation may not exceed those specified in the license.
A licensee shall do all of the following:
Comply with all laws governing the facility and its operation.
Ensure that all information provided to the department is current and accurate.
Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.
DCF 250.04 Note
Note: The Department will provide an application after a Department representative completes the provision of pre-licensing technical assistance.
Develop, submit to the department for compliance review, implement and provide to the parents written policies and procedures related to all of the following:
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.
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.
Child guidance, including appropriate ways to manage crying, fussing or distraught children.
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.
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.
DCF 250.04 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.
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)
DCF 250.04 Note
See s. DCF 250.05 (2) (a)
regarding providing an orientation to employees, substitutes and emergency back-up providers.
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)
DCF 250.04 Note
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.
Post the child care license in a location where parents can see it during the hours of operation.
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.
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.
Meet, upon request of the department, with a licensing representative on matters pertaining to the license.