Chapter DCF 202

DCF 202.08(9)(f)2.b. b. The amount of time that has passed since an accident or violation occurred.

DCF 202.08(9)(f)2.c. c. The number of accidents or violations.

DCF 202.08(9)(f)2.d. d. The likelihood that a similar incident will occur.

DCF 202.08(9)(f)3. 3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.

DCF 202.08 Note Note: Information on how to obtain driving records may be obtained by contacting the Department of Transportation at [phone] or http://dot.wisconsin.gov/drivers/drivers/point/abstract.htm.

DCF 202.08(9)(g) (g)

DCF 202.08(9)(g)1. 1. Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies:

DCF 202.08(9)(g)1.a. a. The phone or device is used to call 911.

DCF 202.08(9)(g)1.b. b. The phone or device is used to communicate with emergency responders.

DCF 202.08(9)(g)1.c. c. The phone or device is used to communicate with the certified child care operator or a provider regarding an emergency situation.

DCF 202.08(9)(g)2. 2. A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation.

DCF 202.08(9)(h) (h) The operator shall ensure that each vehicle that is used to transport children is all of the following:

DCF 202.08(9)(h)1. 1. Registered with the Wisconsin department of transportation or the appropriate authority in another state.

DCF 202.08(9)(h)2. 2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.

DCF 202.08(9)(h)3. 3. In safe operating condition.

DCF 202.08(9)(i) (i) The operator shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch. VI of ch. 344, Stats. The operator shall maintain proof of insurance and make this information available to the certification worker upon request.

DCF 202.08(9)(j) (j) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child's age and size in accordance with s. 347.48, Stats., and ch. Trans 310.

DCF 202.08 Note Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.

DCF 202.08(9)(k) (k)

DCF 202.08(9)(k)1. 1. Each child who is not required to be in an individual child car safety seat or booster seat when being transported under par. (j) shall be properly restrained by a seat belt in an operating vehicle in accordance with s. 347.48, Stats., and ch. Trans 315.

DCF 202.08(9)(k)2. 2. Each adult shall be properly restrained by a seat belt in an operating vehicle in accordance with s. 347.48, Stats., and ch. Trans 315.

DCF 202.08(9)(k)3. 3. Seat belts may not be shared.

DCF 202.08(9)(L) (L) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer's specifications.

DCF 202.08(9)(m) (m) The operator shall be responsible for a child from the time the child is placed in a vehicle until the child reaches his or her destination and is released to a person responsible for the child.

DCF 202.08(9)(n) (n) Children may not be left unattended in a vehicle.

DCF 202.08(9)(nm) (nm) Children under 13 years of age may not ride in the front seat of a vehicle.

DCF 202.08(9)(o) (o) Rides to and from the certified child care, field trips, or other program activities may not exceed 60 minutes each way.

DCF 202.08(9)(p) (p) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

DCF 202.08(9)(p)1. 1. The vehicle is owned or leased by the operator or a contractor of the operator.

DCF 202.08(9)(p)2. 2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be as determined by the manufacturer.

DCF 202.08(9)(p)3. 3. The vehicle is used to transport children in care.

DCF 202.08(9)(q) (q) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

DCF 202.08(9)(r) (r) The child safety alarm shall be in good working order each time the vehicle is used for transporting children.

DCF 202.08(9)(s) (s) At least annually, the operator shall make each vehicle that is required to have a child safety alarm under par. (p) available to the child care certification worker to determine whether the child safety alarm is in good working order.

DCF 202.08 Note Note: Information on the required vehicle safety alarm is available on the department's website, https://dcf.wisconsin.gov/ccregulation/providers.

DCF 202.08(10) (10)  MEALS AND SNACKS. A child care provider shall ensure that each child receives proper nourishment while in child care as follows:

DCF 202.08(10)(a) (a) Each child shall be served one meal or snack at least once every 3 hours. Each meal and snack shall meet the U.S. department of agriculture child and adult care food program minimum meal requirements.

DCF 202.08 Note Note: The USDA meal program requirements are found on the U.S. Department of Agriculture website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

DCF 202.08(10)(b) (b) Each child in attendance for 4 or more hours shall be served a meal.

DCF 202.08(10)(bm) (bm) Enough food shall be prepared for each meal, so second portions of vegetables, fruit, grains, and milk are available to children.

DCF 202.08(10)(c) (c) A child that is unable to hold a bottle is held whenever a bottle is given. Bottles may not be propped.

DCF 202.08(11) (11)  REST. A child care provider shall ensure that each child has a clean, comfortable and safe place to rest as follows:

DCF 202.08(11)(a) (a) Each child shall be allowed to have undisturbed rest or a nap, when needed, in a place that is clean, safe and comfortable.

DCF 202.08(11)(b) (b) Each child shall have a personal clean sheet or blanket or both and pillowcase if a pillow is used.

DCF 202.08(11)(c) (c) To reduce the risk of sudden infant death syndrome, each infant shall be placed to sleep on his or her back, unless otherwise directed by the child's physician. All sleeping arrangements for children under one year of age shall use firm mattresses.

DCF 202.08(11)(d) (d) A safe crib or playpen with a tight-fitting mattress with a tight-fitting covering shall be available for each child under one year of age to use for napping or sleeping. The crib or playpen may not contain soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects or stuffed animals. A certified family child care operator shall ensure that each crib used by a child in care satisfies the applicable federal safety standards in 16 CFR Part 1219 or 1220.

DCF 202.08 Note Note: A crib that was manufactured or sold before June 28, 2011, may not satisfy the crib safety standards in 16 CFR Part 1219 or 1220.

DCF 202.08(12) (12)  PROVIDER AND PARENT COMMUNICATION. The certified child care operator shall be in ongoing communication with a child's parent or ensure that a substitute child care provider is in ongoing communication with a child's parent by doing all of the following:

DCF 202.08(12)(a) (a) Allowing parents to visit and observe the program of child care during any hours that care is being provided.

DCF 202.08(12)(b) (b) Talking to each child's parent at least once a week about his or her child's development, activities, likes and dislikes.

DCF 202.08(12)(c) (c) Developing a written contract that specifies the charge for child care and the expected frequency of payment for the service. The contract shall be signed by the operator and a parent or guardian.

DCF 202.08(12)(d) (d) Making a copy of the applicable certification standards available to each parent.

DCF 202.08(12)(e) (e) Displaying a copy of the certificate in an area easily seen by parents and visitors, unless the operator is a certified in-home child care operator.

DCF 202.08(12)(f) (f) Prior to a child's first day of attendance for any child in care, obtaining information on a form prescribed by the department with enrollment and health history information, including all of the following:

DCF 202.08(12)(f)1. 1. The parents' home and work phone numbers.

DCF 202.08(12)(f)2. 2. Health history, including information relating to a child's special health care needs and emergency care plan.

DCF 202.08(12)(f)3. 3. The parents' signed consent for emergency medical care.

DCF 202.08(12)(f)4. 4. A name and number to call if the child requires emergency medical care.

DCF 202.08 Note Note: The form Child Care Enrollment and Health History-Certified Child Care is available on the department's website, https://dcf.wisconsin.gov/cccertification/ccformspubs.

DCF 202.08(12)(g) (g) Using information obtained on the department-provided “child care intake for child under 2 years" form, which collects essential information for infants and toddlers, to individualize the program of care for each child under 2 years of age.

DCF 202.08(12)(h) (h) Informing a child's parent of any disciplinary action taken or any injury to the child that occurred during child care hours.

DCF 202.08(12)(i) (i) Informing the parent in writing whether the premises and the child care business are covered by a child care liability insurance policy.

DCF 202.08(12)(k) (k) Notifying the parent in advance of the date, time, and destination of a field trip that is not considered part of the regularly scheduled program.

DCF 202.08(13) (13)  DISCRIMINATION PROHIBITED. No certified child care operator may discriminate on the basis of race, color, sex, sexual orientation, creed, disability, religion, or national origin or ancestry in accepting children or in the employment of employees.

DCF 202.08(14) (14)  Mandatory child abuse or neglect reporting. A provider who knows or has reasonable cause to suspect that a child in care has been abused or neglected or that the child has been threatened with abuse or neglect and that abuse or neglect will occur shall immediately inform the department, local law enforcement, or other organization designated in s. 48.981, Stats.

DCF 202.08(15) (15)  Confidentiality.

DCF 202.08(15)(a) (a) An operator shall ensure that persons having access to children's records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subsection does not apply to any of the following:

DCF 202.08(15)(a)1. 1. The parent.

DCF 202.08(15)(a)2. 2. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.

DCF 202.08(15)(a)3. 3. Agencies authorized under s. 48.78, Stats.

DCF 202.08(15)(b) (b) All records required under this chapter for certification purposes shall be available to the child care certification worker.

DCF 202.08 History History: Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. (1) (d), eff. 11-5-85; r. (1) (d), Register, April, 1986, No. 364, eff. 5-1-86; r. and recr. (1) (a), (b), (2) (L), (4), (5) and (8), r. (1) (c), Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; reprinted to insert dropped copy in (4) and (5), corrections made in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1997, No. 499; renum. from HFS 55.61, cr. (2) (n) and (5) (i) and am. (3) and (6) (d), Register, July, 1999, No. 523, eff. 8-1-99; correction in (2) (k) and (5) (f) made under s. 13.93 (2m) (b) 7., Stats, Register, July, 1999, No. 523; CR 02-007: am. (1) (a) 3., (2) (c) (intro.), 2., 3., (d), (e) (intro.), (f), (g), (k), (5) (i), (6), (7) (b), (8) (a) 2., 3., and (12) (c) and (f) (intro.), renum. and am. (1) (b) 1. to be (1) (b) 2. a. and (8) (a) 4. to be (8) (a) 5., cr. (1) (b) 1., 2. (intro.), (2) (cm), (e) 1., 2., 3., (o), (4) (i), (j), (7) (d) to (j), (8) (a) 4., 8., (9) (d), (e), (11) (c), (d), (12) (g), (h), (i), (14), and (15), renum. (1) (b) 2. to be (1) (b) 2. b., (8) (a) 5. and 6. to be (8) (a) 6. and 7., and r. (2) (h) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (title), (1) (a) 3., (b) 1., 2. (intro.), a., (2) (intro.), (c) (intro.), (e) (intro.), 2., (f), (j) to (L), (3), (4) (a) (intro.), 2., (c), (e) to (j), (5) (a), (b), (d) to (i), (6) (c), (d), Table 55.08 (6), (7) (intro.), (b), (9) (intro.), (a), (d), (10) (intro.), (11) (intro.), (12) (intro.), (c), (g) to (i) and (13), cr. (1) (b) 1. a., b., 2. c., d., (d), (e), (2) (am), (b) 1., 2., (p), (4) (k), (5) (em), (j), (6) (e), (8m), (9) (c) 1 to 4., and (12) (j), r. and recr. (1) (c), (2) (a), (6) (a), (b) (intro.) and (8), renum. (2) (b) and (9) (c) to be (2) (b) (intro.) and (9) (c) (intro.) and am., r. (15) Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (a) 2., (b) 2. a., (d), (4) (d), (e), (k), (6) (d), (e) and (12) (j) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (1) (a) 3., (b) 2. b., c., (c) (intro.), (d), (e) 3., r. (2) (a) 2m., am. (2) (g), (o), (4) (b), (c) Register February 2016 No. 722, eff. 3-1-16; CR 14-028: cr. (9) (f) Register July 2016 N0. 727, eff. 8-1-16; EmR1918: emerg. r. and recr. (1), cr. (1m), r. and recr. (2) (title), (intro.), (am), cr. (2) (ar), am. (2) (b) 2., r. and recr. (2) (c), am. (2) (cm), r. (2) (d), am. (2) (e) (intro.), 2., r. and recr. (2) (e) 3., cr. (2) (e) 4. to 7., r. and recr. (2) (f), (g), cr. (2) (h), r. and recr. (2) (i) to (m), r. (2) (n) to (p), r. and recr. (3), (4) (title), am. (4) (a) 1., 2., (d), (e), r. and recr. (4) (f), am. (4) (g), (h), cr. (4) (hm), am. (4) (i), (k) (intro.), 1., cr. (4) (L), (o), (4m), am. (5) (a), (c), (d), r. and recr. (5) (e), r. (5) (em), am. (5) (f), r. (5) (g), am. (5) (h), (i), r. and recr. (5) (j), (7), am. (8) (title), (8m) (title), cr. (8m) (intro.), r. and recr. (8m) (a), am. (8m) (b) to (d), cr. (8m) (e), r. and recr. (9), am. (10) (intro.), (a), (b), cr. (10) (bm), am. (10) (c), (11) (intro.), (c), (d), (12) (c), (e), r. and recr. (12) (f), am. (12) (i), r. (12) (j), cr. (12) (k), am. (13), (14), cr. (15), eff. 1-30-19; CR 19-089: r. and recr. (1), cr. (1m), r. and recr. (2) (title), (intro.), (am), cr. (2) (ar), am. (2) (b) 2., r. and recr. (2) (c), am. (2) (cm), r. (2) (d), am. (2) (e) (intro.), 2., r. and recr. (2) (e) 3., cr. (2) (e) 4. to 7., r. and recr. (2) (f), (g), cr. (2) (h), r. and recr. (2) (i) to (m), r. (2) (n) to (p), r. and recr. (3), (4) (title), am. (4) (a) 1., 2., (d), (e), r. and recr. (4) (f), am. (4) (g), (h), cr. (4) (hm), am. (4) (i), (k) (intro.), 1., cr. (4) (L), (o), (4m), am. (5) (a), (c), (d), r. and recr. (5) (e), r. (5) (em), am. (5) (f), r. (5) (g), am. (5) (h), (i), r. and recr. (5) (j), (7), am. (8) (title), (8m) (title), cr. (8m) (intro.), r. and recr. (8m) (a), am. (8m) (b) to (d), cr. (8m) (e), r. and recr. (9), am. (10) (intro.), (a), (b), cr. (10) (bm), am. (10) (c), (11) (intro.), (c), (d), (12) (c), (e), r. and recr. (12) (f), am. (12) (i), r. (12) (j), cr. (12) (k), am. (13), (14), cr. (15) Register March 2020 No. 771, eff. 4-1-20; correction in (1) (b) 5. h., (1m) (a) 5., (2) (e) (intro.), (3) (b), (9) (k) 1., 2. made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: cr. (9) (nm) Register July 2020 No. 775, eff. 8-1-20.