DCF 202.08(1m)(a)1.1. A certified child care operator shall be a responsible, mature individual who is fit and qualified. In determining whether an applicant is fit and qualified, the certification agency shall consider qualifications under sub.
(1) and any information listed under s.
DCF 202.02 (7m) by the applicant, operator, household member, or other individual directly or indirectly participating in the operation of the certified child care.
DCF 202.08(1m)(a)2.
2. Prior to receiving or continuing certification, an applicant or operator shall complete all application forms truthfully and accurately and pay all fees that are due to the certification agency or to the department.
DCF 202.08(1m)(a)3.
3. A certified child care operator shall ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care premises does not adversely affect the health, safety, or welfare of any child in care.
DCF 202.08(1m)(a)4.
4. A certified child care operator shall comply with all laws governing the certified child care program and its operation, including s.
48.686, Stats., and ch.
DCF 13 and ensure that all employees and volunteers comply with these laws.
DCF 202.08(1m)(a)5.
5. A certified child care operator shall comply with all requirements in this chapter and ch.
DCF 13 and with any conditions or restrictions placed on the certification.
DCF 202.08(1m)(a)6.
6. A certified child care operator shall include in its personnel or operating policies a provision that requires a provider to notify the child care operator as soon as possible, but no later than the child care program's next working day, of the reporting requirements under par.
(b) 5. to
7. DCF 202.08(1m)(a)7.
7. A certified child care operator shall ensure all information provided to the certification agency and the department is current and accurate.
DCF 202.08(1m)(a)8.
8. A certified child care operator shall maintain a current written record on each child in care, including the provider's own children under 7 years of age, and make the record available to a child care certification worker upon request.
DCF 202.08(1m)(a)9.
9. A certified child care operator shall permit a child care certification worker to have unrestricted access to the premises, including access to children served, child records, and any other materials related to compliance under this chapter.
DCF 202.08(1m)(a)10.
10. A certified child care operator shall comply with all of the following conditions of the operator's certification:
DCF 202.08(1m)(a)10.b.
b. The age of the children in care may not be younger or older than the age range specified.
DCF 202.08(1m)(a)10.c.
c. The hours, days and months of operation may not exceed those specified. Care provided in excess of the specified hours is unregulated.
DCF 202.08(1m)(a)10.d.
d. The certification is non-transferrable, is granted only to the designated operator, and is limited to the stated location.
DCF 202.08(1m)(b)
(b)
Reports. A certified child care operator shall report all of the following to the certification agency as soon as possible, but no later than the certification agency's next working day:
DCF 202.08(1m)(b)1.
1. An accident or incident that occurs while a child is in care of a provider resulting in an injury requiring professional medical evaluation.
DCF 202.08(1m)(b)3.
3. Any damage to the premises that may affect compliance with this chapter, or any incident at the premises that results in the loss of utility service.
DCF 202.08(1m)(b)4.
4. Construction or remodeling of the premises that has the potential to affect an area accessible to children or have an effect on health and safety of children in care.
DCF 202.08(1m)(b)5.
5. Known convictions, pending charges, or other offenses of the child care operator, household member, or other person subject to the child care background check.
DCF 202.08(1m)(b)6.a.
a. A threat to cause physical or serious emotional harm to any individual, including a child in care, by the operator, a household member, or other person subject to the child care background check.
DCF 202.08(1m)(b)6.b.
b. A moving violation by a driver that transports children in care, regardless of whether the children are present at the time of the violation.
DCF 202.08(1m)(b)7.
7. Suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub.
(14), 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(1m)(b)12.
12. The operator's tax identification number changes or the legal name associated with the tax identification number changes.
DCF 202.08(1m)(c)
(c)
New household member. A certified family child care operator shall submit a completed background check request form to the department or certification agency for each potential household member 10 years of age or older prior to the date on which the person becomes a household member.
DCF 202.08(1m)(d)
(d)
Approval for changes. An operator shall submit a request to the certification agency if the operator wishes to change any of the following:
DCF 202.08(1m)(e)1.1. If requested by the certification agency, an operator shall submit a plan of correction for cited violations of this chapter, ch.
DCF 13, or s.
48.686, Stats., to the certification agency by the date the agency specifies.
DCF 202.08(1m)(e)2.
2. The operator shall submit a revised plan of correction to the agency if the initial plan is not accepted by the agency.
DCF 202.08(1m)(f)
(f)
Approval required before working in program. A provider, substitute, employee, or volunteer for a certified child care operator shall be approved by the certification agency before the person begins working in the certified child care program. The certification agency may approve the provider, substitute, employee, or volunteer if the agency has verification that the individual has met the standards under sub.
(1) (a) and
(b) and has been determined eligible by the department under s.
48.686 (4p), Stats., and s.
DCF 13.06.
DCF 202.08(2)
(2)
Certified family child care operator's home. A certified family child care operator's home and play area shall meet all of 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)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.
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)1.1. A one-unit or two-unit residential building shall have a functional carbon monoxide detector installed in the basement and on each level of the building, excluding the garage and attic, in accordance with the requirements of s.
101.647, Stats.
DCF 202.08(2)(am)2.
2. A residential building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s.
101.149, Stats.
DCF 202.08(2)(ar)
(ar) The home shall have a functional smoke detector on each floor level in accordance with the requirements of s.
101.645, Stats.
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, air conditioning, or other means.
DCF 202.08(2)(c)
(c) The indoor and outdoor areas of the home shall be free of hazards. Potentially dangerous items and 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 202.08 Note
Note: Lists of recalled products are available on the United States Consumer Safety Commission website,
https://www.cpsc.gov/.
DCF 202.08(2)(cm)
(cm) Firearms, ammunition, and bows and arrows with sharp tips that are located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.
DCF 202.08(2)(e)
(e) Outdoor play areas shall be well-drained and be free of hazards, and have the following protections in place:
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. Hot tubs may not be used by children in care and shall be inaccessible to children by use of a locked rigid cover, permanent barrier, or other protective measure.
DCF 202.08(2)(e)3.
3. Structures such as playground equipment, railings, decks, and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain at least every 2 years.
DCF 202.08(2)(e)4.
4. Wood treated with creosote or pentachlorophenol, including railroad ties, may not be used in areas accessible to children.
DCF 202.08(2)(e)5.
5. On-ground or in-ground swimming pools on the premises may not be used by children in care and shall be inaccessible to children in care by use of a permanent enclosure or other protective measure.
DCF 202.08(2)(e)6.
6. Wading pools may be used if the water is changed daily and the pool is disinfected daily. A provider shall be outside with children providing sight and sound supervision when a wading pool containing water is present in the outdoor play area.
DCF 202.08(2)(e)7.
7. An outdoor play area shall have a permanent enclosure not less than 4 feet high to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. If the outdoor play area does not have a permanent enclosure, a provider shall be outside with children providing sight and sound supervision when children are outside.
DCF 202.08(2)(f)
(f) The premises, furnishings, and equipment shall be free from litter and vermin, maintained in a sanitary condition, and in good repair.
DCF 202.08(2)(g)
(g) Bathrooms, including toilets, sinks, and potty chairs, shall be clean and in good working condition. Soap, toilet paper, towels, and a waste paper container shall be provided in the bathroom and shall be accessible to children.
DCF 202.08(2)(h)
(h) If the home gets 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. If water test results indicate the water is bacteriologically unsafe, the water shall be appropriately treated and retested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe.
DCF 202.08(2)(i)
(i) An operator that cares for infants under 6 months of age in a certified child care home that gets its water supply from a private well shall get water samples tested annually by a laboratory certified under ch.
ATCP 77 to determine the level of nitrates in the water. If the water sample tests above the maximum allowable levels of nitrates, bottled water shall be used for children under 6 months of age.
DCF 202.08(2)(j)
(j) Areas, surfaces, equipment, utensils, and appliances used for preparing, serving and storing food shall be kept clean, sanitary, and in good working condition. Eating surfaces shall be washed before use.
DCF 202.08(2)(k)
(k) Smoking is prohibited anywhere on the premises or in a vehicle used to transport children when children are in care.
DCF 202.08(2)(L)
(L) The premises shall have no flaking, chipping, peeling, or deteriorating paint on exterior or interior surfaces in areas accessible to children.
DCF 202.08(2)(m)1.
1. Pets 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.
DCF 202.08(2)(m)2.
2. Animals that may pose any risk to the children may not be in any indoor or outdoor areas used for child care when children are in care.
DCF 202.08(2)(m)3.
3. Reptiles, amphibians, ferrets, poisonous animals, psittacine birds, and exotic and wild animals may not be accessible to children.
DCF 202.08 Note
Note: Psittacine birds are hooked bill birds of the parrot family that have 2 toes forward and 2 toes backward, including macaws, grays, cockatoos and lovebirds.
DCF 202.08(2)(m)4.
4. Indoor and outdoor areas accessible to children shall be free of pet and animal excrement.
DCF 202.08(2)(m)5.
5. Operators shall ensure they are in compliance with all applicable local ordinances regarding the number, types, and health status of pets and animals.
DCF 202.08(3)(a)(a) A certified in-home child care operator shall ensure that the certified child care home and outside play area of the children in care complies with sub.
(2) (am),
(ar),
(c),
(cm),
(e) 1.,
2.,
5.,
6., and
7.,
(j), and
(k).
DCF 202.08(3)(b)
(b) A certified in-home child care operator is not required to comply with subs.
(2) (a),
(b),
(e) 3. and
4.,
(f),
(g),
(h),
(i),
(L),
(m),
(4) (hm),
(8m), and
(12) (e).
