DCF 250.05(2)(a)13.
13. Review of
s. DHS 12.07 (1) which requires a provider to notify the licensee as soon as possible but no later than the provider's next working day when any of the following occurs:
DCF 250.05(2)(a)13.b.
b. The provider has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client's property.
DCF 250.05(2)(a)13.c.
c. The provider has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client's property.
DCF 250.05(2)(a)13.d.
d. A professional license held by a provider has been denied, revoked, restricted or otherwise limited.
DCF 250.05 Note
Note: The department's form, Staff Orientation Checklist — Family Child Care Centers, is used to document completion of employee orientation. Information on how to obtain the form is available on the department's website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 250.05(2)(b)
(b)
Orientation of emergency back-up providers. Each time an emergency situation occurs, each emergency back-up provider shall receive an orientation immediately before being left alone with the children. The orientation shall cover all of the following:
DCF 250.05 Note
Note: See s.
DCF 250.04 (2) (f) relating to a written plan for orientation.
DCF 250.05(2)(b)2.
2. Arrival and departure information for each child in care including the names of people authorized to pick up the child.
DCF 250.05(2)(b)3.
3. Location of children's files including emergency contact information, consent for emergency medical treatment and any special health care needs.
DCF 250.05(2)(b)4.
4. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.
DCF 250.05(3)(a)1.1. A provider may not be engaged in any other activity or occupation during the hours of operation of the center, except for daily maintenance of the home.
DCF 250.05(3)(a)2.
2. The licensee may not combine the care of children enrolled in the child care center with foster care of other non-related children or adults without the prior written approval of both licensing agencies.
DCF 250.05(3)(c)
(c) No individual provider may take care of children for more than 12 hours in any 24-hour period.
DCF 250.05(3)(d)
(d) No child may be in care for more than 12 hours in any 24-hour period.
DCF 250.05(3)(e)
(e) Except when a substitute is providing care, at least one provider who has completed the training required under
s. DCF 250.05 (1) (b) 1. shall supervise children at all times. Substitutes shall have completed the training in shaken baby syndrome prevention required under
s. DCF 250.05 (1) (b) 7. before working as a substitute.
DCF 250.05(3)(f)
(f) No person under 18 years of age may be left in sole charge of the children.
DCF 250.05(3)(g)
(g) The center shall have a plan approved by the department for ensuring supervision of the children in an emergency or during a provider's absence.
DCF 250.05(3)(h)
(h) A provider and any other adult in contact with children may not consume beverages containing alcohol or any non-prescribed controlled substance specified in
ch. 961, Stats., or be under the influence of any alcohol or a non-prescribed controlled substance, during the hours of the center's operation.
DCF 250.05(3)(i)
(i) Each child shall be closely supervised by a provider to guide the child's behavior and activities, prevent harm and assure safety.
DCF 250.05(3)(j)
(j) A provider shall be outside with children and provide sight and sound supervision of the children unless the children are playing inside the enclosed outdoor area on the premises, as specified under
s. DCF 250.06 (11) (b).
DCF 250.05(3)(k)
(k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.
DCF 250.05(3)(L)
(L) The licensee shall implement a procedure to ensure that the number, names and whereabouts of children in care are known to the provider at all times.
DCF 250.05(3)(m)
(m) A provider shall be outside with children providing sight and sound supervision of the children when a wading pool with water in it is present in the outdoor play space specified in
s. DCF 250.06 (11) (b).
DCF 250.05(4)(a)(a) At no time may more than 8 children be in the care of the center. This total includes:
DCF 250.05(4)(a)1.
1. All children under 7 years of age, including a provider's own children.
DCF 250.05(4)(a)2.
2. All children 7 years of age or older who are not a provider's own children.
DCF 250.05(4)(b)
(b) The maximum number of children that one provider may care for is specified in Table 250.05.
DCF 250.05(4)(c)
(c) If the size of the group or the age distribution of the children exceeds the number that may be served by one provider, an additional qualified provider shall be present.
DCF 250.05 Note
Note: For example, if there are 3 children under age 2 present at one time and 5 children between the ages of 2 years and 6 years present, a second provider is required. At no time may the maximum number of children in care exceed 8.
DCF 250.05(4)(d)
(d) Each provider may care for no more than 2 children under age 2 when care is provided on a level that is more than 6 feet above or below the ground level. A center may care for 3 or 4 children under age 2 when care is provided on a level that is more than 6 feet above or below the ground level only if there is more than one qualified provider.
DCF 250.05 Note
Note: Section
DCF 250.06 (4) (e) requires an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.
-
See PDF for table 
DCF 250.05 History
History: CR 03-052: cr.
Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) 2., (c), (3) (j) and (4) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 07-102: am. (1) (a), (1) (b) 3., 4., 5., (2) (a) 3., (b) 3. and Table, renum. (1) (b) 1. to be (1) (b) 1. a. and am., cr. (1) (b) 1. b., 6., 7., (2) (a) 10., 11., 12., 13., (3) (L), (m) and (4) (d), r. and recr. (1) (b) 2., (c) and (3) (e)
Register December 2008 No. 636, eff. 1-1-09; corrections in (2) (a) 11., 13., (3) (e), (m) and Table made under s.
13.92 (4) (b) 7., Stats.,
Register December 2008 No. 636.
DCF 250.06
DCF 250.06
Physical plant and equipment. DCF 250.06(1)(a)(a)
Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department's issuance of a license.
DCF 250.06 Note
Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.
DCF 250.06(1)(b)1.1. A center shall have at least 35 square feet of usable floor space per child. This space shall be exclusive of passageways, bathrooms, lockers, storage areas, the furnace room, that part of the kitchen occupied by stationary equipment, and space occupied by furniture that is not intended for children's use.
DCF 250.06(1)(b)2.
2. The inside temperature of the center may not be less than 67 degrees Fahrenheit.
DCF 250.06(1)(b)3.
3. If the inside temperature exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with fans or other means if the center is not air conditioned.
DCF 250.06(2)(a)(a) Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.
DCF 250.06(2)(b)
(b) Firearms, ammunition or other potentially dangerous items located on the premises shall be kept in locked storage and may not be accessible to children.
DCF 250.06(2)(c)
(c) Materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.
DCF 250.06(2)(d)
(d) The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local rescue squad, fire department, police department, law enforcement agency, poison control center and emergency medical service, posted near each telephone.
DCF 250.06(2)(e)
(e) The center's indoor and outdoor child care space shall be free of hazards including any recalled products.
DCF 250.06(2)(f)
(f) A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.
DCF 250.06(2)(g)
(g) Differences of elevation, including open sides of stairways, elevated platforms, walks, balconies and mezzanines shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.
DCF 250.06(2)(h)
(h) Smoking is prohibited anywhere on the premises of a center when children are present.
DCF 250.06 Note
Note: Section
DCF 250.03 (25) defines a "premise" as a building and the tract of land on which the building is located.
DCF 250.06(2)(i)
(i) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.
DCF 250.06(2)(j)
(j) If a hot tub is located in a room or area that is not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.
DCF 250.06(2)(k)
(k) The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.
DCF 250.06(3)
(3) Emergencies. Each center shall have a written plan for taking appropriate action in the event of a fire or tornado, missing child or other emergency. The center shall practice the fire evacuation plan monthly and the tornado plan monthly from April though October with the children and document when the plans were practiced.
DCF 250.06 Note
Note: The licensee may use either the department's form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee's own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department's form is available on the department's website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 250.06(4)(a)(a) Smoke detectors shall be installed and maintained in operating condition on each level of the center and in all areas used for nap or rest periods. All smoke detectors shall be tested monthly and a record kept of the time, date and results of the test.
DCF 250.06 Note
Note: The licensee may use either the department's form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee's own form to record the results of smoke detector tests. Information on how to obtain the department's form is available on the department's website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 250.06(4)(b)
(b) An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.
DCF 250.06 Note
Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.
DCF 250.06(4)(c)
(c) Unvented gas, oil or kerosene space heaters are prohibited.
DCF 250.06(4)(e)
(e) The center shall be equipped with an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.
DCF 250.06(5)
(5) Sanitation. The premises, furnishings and equipment shall be free from litter and vermin and maintained in a sanitary condition and in good repair.
DCF 250.06(6)(a)(a) If the center gets its water from a private well, water samples from the well shall be tested annually by a laboratory certified under
ch. ATCP 77 and shall be found bacteriologically safe. The laboratory report shall be available to the department upon request.
DCF 250.06(6)(b)
(b) If the center is licensed to care for infants under 6 months of age, the center shall have nitrate levels in the water tested annually by a laboratory certified under
ch. ATCP 77. Bottled water shall be used for infants under 6 months of age if the water tests above the maximum allowable levels of nitrates.
DCF 250.06 Note
Note: Section
NR 809.11 sets the maximum allowable level of nitrate-nitrogen in public drinking water at 10 milligrams per liter (10 parts per million).
DCF 250.06(6)(c)
(c) If water test results indicate the water is bacteriologically unsafe, the water shall be appropriately treated and re-tested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe.
DCF 250.06(7)(a)2.
2. Each floor or level occupied by children shall have at least 2 exits.
DCF 250.06(7)(a)5.
5. The primary exit shall be a door or stairway providing unobstructed travel to the outside of the building at street or ground level.
DCF 250.06(7)(a)6.a.
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
DCF 250.06(7)(a)6.b.
b. A door or stairway leading to a platform or roof with railings complying with
sub. (2) (g), which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above ground level.
DCF 250.06(7)(a)6.c.
c. Except in an upstairs duplex, a window that is not more than 46 inches above the floor, capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. A center located in the upstairs unit of a duplex shall have 2 exits leading directly to the ground floor or to a platform as described in
subd. 6. a. and
b.
