DCF 250.03(37)
(37) “Volunteer" means a person who is not paid, but who agrees to give time, with or without reimbursement for expenses, to transport children attending a family child care center or to work in a family child care center.
DCF 250.03(38)
(38) “Wading pool" means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water and used primarily for small children.
DCF 250.03 History
History: CR 03-052: cr.
Register December 2004 No. 588, eff. 3-1-05; corrections in (2), (5), (11) (b), (14), (20) and (34) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register November 2008 No. 635;
CR 07-102: cr. (4m), (11) (d), (13m), (14m) and (30m), am. (10), (11) (intro.), (15) (b) to (d), (18), (27), (28), (34) and (37)
Register December 2008 No. 636, eff. 1-1-09; corrections in (27) and (34) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2008 No. 636;
CR 10-148: am. (13)
Register August 2011 No. 668, eff. 9-1-11; correction in (2), (11) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register September 2016 No. 729;
EmR1918: emerg. r. and recr. (1), (2), cr. (3m), (5m), r. and recr. (6), am. (11) (b), (17), cr. (17m), am. (18), r. (20), am. (21), (27), (34), eff. 1-30-19;
CR 19-089: r. and recr. (1), (2), cr. (3m), (5m), r. and recr. (6), am. (11) (b), (17), cr. (17m), am. (18), r. (20), am. (21), (27), (34)
Register March 2020 No. 771, eff. 4-1-20, except (18), eff. 4-1-20 and 10-1-21;
CR 20-003: renum. (14) to (8m) and am.
Register July 2020 No. 775, eff. 8-1-20;
CR 21-100: renum. (1) to (1r), cr. (1g), (14), am. (17), cr. (26m), am. (34)
Register February 2023 No. 806, eff. 3-1-23; correction in (25) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2023 No. 806.
DCF 250.04(1)(a)(a) The number of children in the care of a family child care center at any time may not exceed the number for which the center is licensed.
DCF 250.04 Note
Note: Denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal under the state public accommodations law, federal law related to the use of federal funding, and some local anti-discrimination ordinances.
DCF 250.04(1)(b)
(b) The age of children served by a center may not be younger or older than the age range specified in the license issued.
DCF 250.04(1)(c)
(c) The hours, days and months of a center's operation may not exceed those specified in the license.
DCF 250.04(2)
(2) Administration. A licensee shall do all of the following:
DCF 250.04(2)(a)
(a) Comply with all laws governing the facility and its operation.
DCF 250.04 Note
Note: Denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal under the state public accommodations law, federal law related to the use of federal funding, and some local anti-discrimination ordinances.
DCF 250.04(2)(c)
(c) Ensure that all information provided to the department is current and accurate.
DCF 250.04(2)(cm)
(cm) If residing in another state, designate in writing, as part of the application under s.
DCF 250.11 (3) and
(4), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.
DCF 250.04(2)(d)
(d) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.
DCF 250.04 Note
Note: The Department will provide an application after a Department representative completes the provision of pre-licensing technical assistance.
DCF 250.04(2)(e)
(e) Develop, submit to the department, implement, and provide to the parents written policies and procedures consistent with the requirements of this chapter related to all of the following:
DCF 250.04(2)(e)3.
3. Child and provider absences, including a procedure to contact a parent if a child is absent from the center without prior notification from the child's parent.
DCF 250.04(2)(e)4.
4. Children's and staff's health care, including those policies and procedures pertaining to SIDS risk reduction, if the center is licensed to care for children under one year of age.
DCF 250.04(2)(e)7.
7. Child guidance, including appropriate ways to manage crying, fussing or distraught children.
DCF 250.04(2)(e)8.
8. Transportation of children for any purpose including field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.
DCF 250.04(2)(e)10.
10. Information related to the numbers, types and location of pets or other animals located on the premises of the center and the type of access the children will have to the pets.
DCF 250.04(2)(f)
(f) Develop, submit to the department, and implement a written orientation plan for any employees, substitutes, and emergency back-up providers. The orientation plan shall cover all the items described in s.
DCF 250.05 (4) (a) and
(b).
DCF 250.04 Note
Note: See s.
DCF 250.05 (2) (a) and
(b) regarding providing an orientation to employees, substitutes and emergency back-up providers.
DCF 250.04(2)(g)
(g) Maintain liability insurance on the child care business if cats or dogs are allowed in areas accessible to children during the hours of operation. The insurance policy shall indicate the number of children covered and the dates of coverage.
DCF 250.04(2)(gm)
(gm) Provide written information to parents on whether a licensee has insurance coverage on the premises and on the child care business.
DCF 250.04 Note
Note: The information provided could be included as a rider on a homeowner policy or a separate insurance policy on the child care business. A certificate of insurance or other documentation from an insurance company that indicates the number of children covered, dates of coverage, and types of pets covered is acceptable.
DCF 250.04(2)(h)
(h) Post the child care license in a location where parents can see it during the hours of operation.
DCF 250.04(2)(i)1.a.
a. The current licensing statement of compliance or noncompliance statement and correction plan, including any rule violations the department has not verified as corrected and in compliance.
DCF 250.04(2)(i)1.b.
b. Any notice from the department related to rule violations, such as a warning letter or enforcement action.
DCF 250.04(2)(i)1.c.
c. Any stipulations, conditions, temporary closures, exceptions, or exemptions that affect the license.
DCF 250.04(2)(i)2.
2. All items posted as required under this paragraph shall be visible to parents.
DCF 250.04(2)(j)
(j) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.
DCF 250.04(2)(k)
(k) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.
DCF 250.04(2)(L)
(L) Submit a completed background check request form to the department for each potential household member prior to the date on which the individual becomes a household member, unless the person is less than 10 years of age.
DCF 250.04(2)(m)
(m) When a current household member turns 10 years of age, submit a completed background check request form to the department by the department's next business day.
DCF 250.04 Note
Note: For more information on child care background checks, see ch.
DCF 13. Information on requesting a background check is available on the department's website,
http://dcf.wisconsin.gov, through the Child Care Provider Portal, or from any regional licensing office in Appendix A.
DCF 250.04(3)
(3) Reports. The licensee shall report to the department all of the following. If the report is made by telephone, the licensee shall submit a written report to the appropriate regional licensing office within 5 business days of the incident. Fax, e-mail and letter are acceptable ways of filing a written report:
DCF 250.04(3)(a)
(a) Any incident or accident that occurs while the child is in the care of the center that results in professional medical evaluation, within 24 hours of the licensee becoming aware of the medical evaluation.
DCF 250.04 Note
Note: The licensee may use the licensee's own form or the department's form,
Incident Report — Regulated Child Care. The department's form is available on the department's website,
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 250.04(3)(am)
(am) Any death of a child in care, within 24 hours after the death.
DCF 250.04(3)(ar)
(ar) Any injury caused by an animal to a child in care, within 24 hours of the incident.
DCF 250.04(3)(b)
(b) 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 services, within 24 hours after the occurrence.
DCF 250.04(3)(c)
(c) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.
DCF 250.04 Note
Note: See s.
DCF 250.11 (6) (a) for items that affect a condition of the license.
DCF 250.04 Note
Note: It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling.
DCF 250.04(3)(d)
(d) If requested by the department, a plan of correction for cited violations of this chapter or ch.
48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and be approved by the department licensing representative.
DCF 250.04 Note
Note: The licensing representative will notify the licensee whether a plan of correction will be required and will provide the plan of correction format with the notification.
DCF 250.04(3)(e)
(e) Any known convictions, pending charges, or other offenses of the licensee, a provider, household member, or other person subject to a child care background check, by the department's next business day.
DCF 250.04(3)(f)
(f) Any incident related to a child who leaves the premises of the center without the knowledge of a provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the incident.
DCF 250.04(3)(g)
(g) Any incident involving law enforcement within 24 hours after the occurrence that:
DCF 250.04(3)(g)1.
1. Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.
DCF 250.04(3)(g)2.
2. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.
DCF 250.04(3)(h)
(h) Any change in room usage, such as using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.
DCF 250.04(3)(i)
(i) Any suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub.
(8), 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, within 24 hours after the incident.
DCF 250.04(3)(im)
(im) Any prohibited actions specified in s.
DCF 250.07 (2) (c) by a provider, volunteer, or household member to a child in care, within 24 hours after the incident.
DCF 250.04 Note
Note: See also s.
DCF 250.07 (2) for information on guiding children's behavior and s.
DCF 250.07 (6) (b) regarding recording injuries in a center medical log,
DCF 250.04(3)(j)
(j) A change in transportation services at least 5 calendar days prior to the change. A change in transportation services shall be approved by the department.
DCF 250.04(3)(k)
(k) Statistical data required by the department on forms provided by the department.
DCF 250.04 Note
Note: The Department periodically requests statistical data from licensees. An example of the type of data collected relates to the immunization status of children in care. When the Department requests statistical data, the Department will supply the appropriate form.
DCF 250.04(3)(L)
(L) Temporary closings lasting more than 2 weeks, at least 5 calendar days before the closing.
DCF 250.04(3)(Lm)
(Lm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.
DCF 250.04(3)(m)
(m) Any confirmed case of a communicable disease reportable under ch.
DHS 145 in a child enrolled in the child care center or a person in contact with children at the center, within 24 hours after the center is notified of the diagnosis. The licensee shall also notify the parents of all enrolled children and the local health department within 24 hours after the center is notified of the diagnosis.
DCF 250.04(4)(a)
(a) The center shall permit parents to visit and observe the center's operations at any time during the center's hours of operation unless parental access is prohibited or restricted by court order.
DCF 250.04(4)(b)
(b) The licensee shall give parents of each enrolled child a summary of this chapter.
DCF 250.04 Note
Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center by calling 1-800-362-7353.
DCF 250.04(4)(c)
(c) The licensee shall notify a parent of a child in care of all of the following circumstances:
DCF 250.04(4)(c)1.
1. The child is or has been exposed to a diagnosed or suspected communicable disease reportable under ch.
DHS 145 as specified under sub.
(3) (m).
DCF 250.04 Note
Note: The Department of Health Services, Division of Public Health, 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 Department of Health Services website at
https://www.dhs.wisconsin.gov/publications/p44397b.pdf.
DCF 250.04(4)(c)2.
2. Notification shall be made immediately and shall provide sufficient detail to apprise the parent in all of the following situations:
DCF 250.04(4)(c)2.c.
c. The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child's allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication.
For purposes of this subdivision, a “head injury” means a bump, blow, or jolt to the head.
DCF 250.04(4)(c)3.
3. The child has sustained a minor injury that does not appear to require professional medical treatment. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.
DCF 250.04(4)(c)4.
4. The child will be going on a field trip that is not considered part of the regularly scheduled program. Notification of the date, time, and destination shall be prior to the field trip.
