State of Wisconsin
Department of Children and Families
School-Age Child Care Programs and Other Child Care Licensing Updates
DCF 250, 251, and 252
The Wisconsin Department of Children and Families proposes to repeal ss. DCF 250.04 (2) (g) (Note); 250.05 (2) (e) 1. b., (4) (a) 8., and (c) 3.; 251.03 (8m); 251.05 (2) (a) 4. c., (4) (a) 10. and (c) 2. and 8.; 251.06 (1) (b) and (9) (g) 1. a. and d.; and 252.425 (2) (a) 3.; to renumber ss. DCF 250.03 (1), 251.03 (1), and 252.04 (1); to consolidate, renumber, and amend s. DCF 250.05 (2) (e) 1. (intro.) and a.; to amend ss. DCF 250.03 (17); 250.04 (2) (g), (4) (c) 2. (intro.), (6) (b) and (Note), and (8) (b); 250.05 (1) and (Note), (2) (e) 2. a. and b., (3) (b) 1. b. and 2., (4) (a) (intro.) and (Note), (c) 2., and 4. (Note); 250.06 (4) (a), (9) (c), and (12) (a) (intro.) and 4.; 250.07 (6) (k) (Note) and (7) (e); 250.09 (1) (c) 2. and (3) (f); 250.095 (1); 250.11 (11); 251.03 (6) and (14g); 251.04 (1) (a) and (g), (3) (d), (4) (a) 2. (intro.) and (c), and (8) (b); 251.05 (1) and (Note), (2) (a) (intro.), 2., 3. a., 4. a., b., d., and (Note), and 5., (3) (b) and (Note), (d) 3. a. and b., (e) 3. c.; Tables DCF 251.05A and 251.05B; ss. DCF 251.05 (3) (e) 5. a. and b., (f) 2. c., 3. a., bm., c., d., and e., (g) 2. a. and c., (h) (Note), (i) 2., (j) 2., (4) (c) 1. and 6. e.; Table DCF 251.055; ss. DCF 251.055 (1) (b); and 251.06 (4) (j), (6) (a), (b) 1. (Note), 2., 3., and (Note); 251.07 (1) (a) (intro.) and (Note), (2) (a) 1. and (c) and (6) (g) 4.; 251.09 (1) (j) and (3) (a) 7.; 252.04 (15m); 252.05 (9); 252.41 (2) (f), (5) (a) (intro.) and 4.; 252.42 (1) (a) (intro.), 2., and 3.; 252.43 (4) (a) and (b) 1., 2., and (Note); 252.44 (1) (a), (6) (f) 1. and (g) 4., (8) (a), and (9) (a); to repeal and recreate ss. DCF 250.01 (6) (a) 1. and (Note); 250.05 (2) (a) and (Note); 250.055 (2) (d); 250.06 (6) and (Note); 250.07 (6) (a) 1. and 4.; 251.04 (6) (a) 6. and (Note); 251.05 (2) (title); 251.06 (12) (a); 251.095; 251.11 (2) (c) 2.; 252.41 (1) (e) 3., (4) (a) 6. and (Note); and to create ss. DCF 250.03 (1g); 250.04 (2) (cm), (gm) and (Note), (3) (Lm), (4) (c) 2. d. and 3., (6) (a) 1m. and (Note); 250.05 (2) (g), (3) (gm) and (Note); 250.06 (2) (n) and (Note) and (4) (am); 250.07 (6) (h) 4m.); 250.09 (1) (c) 4g. and 4r. and (3) (bm); 250.11 (2) (ar); 251.03 (1g), (8g), (18m), (25m), (26r), (27c), (27g), (27n), (27r), and (27w); 251.04 (3) (dm), (4) (a) 2. d. and e.; 251.05 (2) (a) 8., (3) (gm) and (Note) and (gr), (4) (c) 2m. and 6. f., g., and h.; 251.06 (2) (p) and (Note), (4) (jm), (10) (h), and (12) (am); 251.07 (6) (g) 7. and 8.; 251.09 (1) (m) and (n) and (3) (a) 2m.; 251.094 and (Note) and Table 251.094; 251.11 (2) (c) 5u. and 5x. and (4) (b) 5g. and 5r.; 252.04 (1g); 252.41 (2) (p), (q), and (r) and (5) (a) 5.; 252.43 (3m) (fm); and 252.44 (6) (e) 3m., relating to school-age child care programs and other child care licensing updates. Analysis Prepared by the Department of Children and Families
Statutes interpreted: Section 48.65, Stats. Related statutes and rules: NA
Explanation of Agency Authority
Section 48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. Summary of the Proposed Rules
DCF 251.094 and 251.095, Group Child Care Centers; School-Age Programs
The primary purpose of the proposed rules is to better reflect the needs of providers and children in school-age child care programs by providing exceptions and alternate or additional requirements for school-age child care programs that are, or are in, group child care centers.
The proposed rules create a new section on staff positions specific to school-age programs that includes the position responsibilities and requirements for a school-age administrator, school-age director, school-age program leader, school-age group leader, and school-age program aide. Individuals in these positions must meet either the position qualifications specific to school-age programs or the position qualifications that are generally applicable to group child care centers for the comparable positions of administrator, director, child care teacher, assistant child care teacher, or program aide.
The proposed rules also modify the general supervision requirement of sight and sound supervision to require sight or sound supervision of school-age children with some exceptions. In general, a school-age program leader or a child care teacher shall supervise a group of children. A school-age group leader who has completed the training for the position or an assistant child care teacher who has completed the training for the position and is age 18 or over may provide sole supervision for a group of school-age children for no more than 45 minutes if there is a qualified school-age program leader or child care teacher on the premises.
In addition, the proposed rules modify requirements for school-age programs that are in school-buildings that are currently in use as schools regarding immunization records, the timeframe to report a change in room usage to the department, the timeframe to notify the department of any construction or remodeling on the premises, and the location of employee files.
The current s. DCF 251.095 is also rewritten for clarity. DCF 250, Family Child Care Centers; DCF 251, Group Child Care Centers; and DCF 252, Day Camps for Children
The proposed rules revise chs. DCF 250, 251, and 252 to do the following:
Require unexpected center or day camp closures lasting longer than 2 weeks to be reported within 24 hours after the closure.
Change the name of the professional development recognition system from “The Registry” to “Wisconsin Registry” to accurately reflect that agency’s name change and update the definition to include the relationship between The Registry, Inc. and the Wisconsin Registry.
Repeal the defined term “course for credit” which applied to a course of at least 2 credits and create the defined term “credit” to mean recognition for completing a course from an institute of higher education. This change allows individuals to complete a variety of courses with different credit values to meet staff qualifications.
Repeal the requirement for an updated Registry Certificate upon a significant rule revision as determined by the department.
Clarify language regarding water testing to be consistent with Department of Natural Resources language. DCF 250, Family Child Care Centers and DCF 251, Group Child Care Centers
The proposed rules revise chs. DCF 250 and 251 to do the following:
Clarify the requirement that child abuse and neglect training must be completed within one week after beginning to work with children in care and every two years thereafter, in accordance with 45 CFR 98.41 and 45 CFR 98.44.
Require centers to be tested for radon. A center licensed prior to the effective date of the rule will be required to test for radon within 6 months after the effective date of rule. A center licensed after the effective date of the rule will be required to test for radon prior to caring for children. After the initial tests, residential settings will be required to test for radon every 2 years and commercial centers required to test for radon every 5 years. If radon levels are higher than determined safe by the U.S. Environmental Protection Agency, installation of a remediation system is required within one year after the date of the test results.
Require fences surrounding swimming pools to be 5 feet in height. This provision is consistent with the height requirement in ch. DCF 252.
Require an electronic monitoring device be used for children under one year of age to maintain sight and sound supervision.
Add a new position and qualifications for a program aide. A program aide shall be at least 16 years old and work under the direction and supervision of a qualified provider.
Smoke detectors shall be installed according to manufacturer instructions.
Clarify the ways all continuing education hours may be obtained and remove the previous maximum of 2.5 or 5 hours of training obtained through independent reading, viewing educational materials, and completion of a web-based training that does not result in a certificate. DCF 251, Group Child Care Centers and DCF 252, Day Camps for Children
The proposed rules revise chs. DCF 251 and 252 to require group child care centers and day camps to report expected temporary closures lasting more than 2 weeks to the department, at least 5 days prior to the change. This provision is already in ch. DCF 250. DCF 250, Family Child Care Centers
The proposed rules revise ch. DCF 250 to do the following:
Require family child care center insurance information to include the number of children covered and the dates of coverage.
Require family child care centers with a private well to test the water for lead contamination. Currently lead testing is only required in group child care centers and day camps for children with a private well; this revision will align all three licensed child care program chapters and ensure the health and safety of children in care.
Clarify the requirements for children and staff file information, including the required child enrollment information, child health history information, and staff record information.
Require children to be appropriately clothed for the outdoors. If the appropriate clothing is not provided by the child’s parents, the child shall be clothed from a selection provided by the center.DCF 251, Group Child Care Centers
In addition to the changes affecting school-age programs, the proposed rules revise ch. DCF 251 to do the following:
Reduce the number of hours of continuing education required for child care staff in group centers who work 20 or more hours per week from 25 hours annually to 15 hours annually. With this change, all child care staff in group child care centers and family child care centers will have the same continuing education requirements.
Creates a provision requiring staff who work fewer than 8 months per year to obtain 2 hours of continuing education per month of work.
