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).
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 thereafter.
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 thereafter.
DCF 202.08(4)(b)
(b) The physical examination report shall be made on an electronic printout from a licensed physician, physician assistant, or health check provider or on a form provided by the department that is signed and dated by a licensed physician, physician assistant, or health check provider.
DCF 202.08 Note
Note: The department's form, Child Health Report - Child Care Centers, or an electronic printout from a medical professional may be used to document a health examination. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from the certification agency. DCF 202.08(4)(c)
(c) The requirement under par.
(a) does not apply to a child care operator who requests from the certification 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 children 5 years of age and above.
DCF 202.08(4)(e)
(e) The certified child care operator shall have on file for each child in care a record of the child's immunization history to document compliance with s.
252.04, Stats., and ch.
DHS 144.
DCF 202.08 Note
Note: The Department of Health Services form,
Day Care Immunization Record, or an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health provider may be used to document immunization information. Forms are available on the department's website,
https://dcf.wisconsin.gov/cccertification/ccformspubs.
DCF 202.08(4)(f)2.
2. A child care provider may administer prescription or non-prescription medication to a child only if all of the following conditions are met:
DCF 202.08(4)(f)2.a.
a. The medication is in the original container and is labeled with the child's name, dosage, and administration directions.
DCF 202.08(4)(f)2.b.
b. The child's parent has given written and signed permission to administer the medication to the child as directed on the label.
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, after handling pets or animals, 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 or handling pets or animals.
DCF 202.08(4)(hm)
(hm) Children may not share cups, eating utensils, washcloths, or towels, unless care is being provided in the children's home by a certified in-home child care operator.
DCF 202.08(4)(i)
(i) A provider shall change a child's wet or soiled clothing or diapers promptly from an available supply of clean clothing or diapers. The child's diaper shall be changed on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution shall be registered with the U.S. environmental protection agency as a disinfectant and have instructions for use as a disinfectant on the label. The solution shall be prepared and applied as indicated on the label.
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, 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 within 48 hours of being notified of the diagnosis.
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. Copies of the communicable disease chart are available on the DHS website at
https://www.dhs.wisconsin.gov/publications/p44397b.pdf.
DCF 202.08(4)(L)
(L) No operator, provider, household member, employee, volunteer, visitor, parent or any other person may be in contact with the children in care if any of the following conditions are met:
DCF 202.08(4)(L)1.
1. The person has symptoms of illness or of a communicable disease that is reportable under ch.
DHS 145 and may be transmitted through normal contact.
DCF 202.08(4)(L)2.
2. The person's behavior or mental or physical condition gives reasonable concern for the safety of the children.
DCF 202.08(4)(o)
(o) A provider shall use universal precautions when exposed to blood or bodily fluids or discharge containing blood. All persons exposed to blood or bodily fluids containing blood or other types of bodily discharges shall wash their hands immediately with soap and warm running water.
DCF 202.08(4m)(a)1.1. An operator shall have a written plan for taking appropriate action in the event of an emergency including a fire; a tornado; a flood; extreme outdoor heat or cold; a loss of building service, including no heat, water, electricity or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; a provider's family situation, such as medical emergency or illness; or other circumstances requiring immediate attention. The plan shall include procedures for all of the following:
DCF 202.08(4m)(a)1.c.
c. Ensuring that the needs of all children are met, including children under 2 years of age, children with disabilities, and children with chronic medical conditions.
DCF 202.08(4m)(a)2.
2. The plan under subd.
1. shall be reviewed periodically and practiced as specified in the plan.
DCF 202.08(4m)(b)
(b) An operator shall have a written plan to prevent and respond to food and other allergy-related emergencies.
DCF 202.08(4m)(c)
(c) An operator shall designate an emergency back-up provider. The emergency back-up child care provider shall be at least 18 years of age and able to provide an acceptable level of child care.
DCF 202.08(4m)(d)1.1. The home shall have at least one telephone in working order. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care.
DCF 202.08(4m)(d)2.
2. The home shall have a list of emergency numbers posted in a location known to all providers, including the numbers for the police, fire station, emergency medical care, child protective services agency, and poison control center.
DCF 202.08(4m)(e)
(e) An operator shall ensure that each provider, volunteer, substitute, and emergency back-up provider receives an orientation before beginning work that covers the following:
DCF 202.08(4m)(e)2.
2. A review of children's records, including parent and emergency contact information.
DCF 202.08(4m)(e)3.
3. Specific information relating to a child's special health care needs, including administration of medications, disabilities, allergies, or other special health conditions.
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 when children are in care that interferes with the adequate care and supervision of children, except for daily maintenance of the home.
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.
DCF 202.08(5)(d)
(d) The certified child care operator shall ensure that each child has adult supervision at all times and that no person under 18 years of age is left in sole charge of the children.
DCF 202.08(5)(e)
(e) Each child shall be closely supervised by a provider to guide the child's behavior and activities, prevent harm, and assure safety of children at all times.
DCF 202.08(5)(f)
(f) No certified operator, provider, employee, volunteer, household member, or any other individual in a 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 when children are in care.
DCF 202.08(5)(h)
(h) A provider may not allow any person who may pose a threat to the health or safety of the children to have contact with the children in care.
DCF 202.08(5)(i)
(i) The certified child care operator shall keep current and accurate written records of the daily hours of attendance of each child in care, including the actual arrival and departure times for each child. If children are transported to or from the premises or school by the operator or another provider on behalf of the operator, the daily attendance record shall include the actual time the child was picked up or dropped off.
DCF 202.08(5)(j)
(j) The operator shall maintain documentation of the actual hours that a provider who is not also the operator has worked.
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:
