A center's plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements under par. (b)
, the department shall either approve the plan and grant the exemption or not approve the plan and deny the request for exemption. The department shall notify the center in writing of its decision and if it does not grant an exemption, shall state its reasons for not granting the exemption.
If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department's licensing representative any significant change in any circumstance described in the plan.
Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be surrounded by a permanent enclosure as specified under sub. (11) (b) 4.
In addition, the all of the following restrictions apply:
If access to the pool is through a gate, the gate shall be closed and locked during the center's hours of operation.
If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.
Locks shall be located so that the locks cannot be opened by the children.
The free-standing wall of an above ground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.
The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.
A wading pool on the premises may be used if the water is changed daily and the pool is disinfected daily. Supervision requirements and staff-to-child ratios under s. DCF 250.05 (3)
shall be met.
A pool, wading pool, water attraction, or beach that is not located on center premises may be used by children if all of the following conditions are met:
The construction and operation of the pool meet the requirements of chs. SPS 390
and ATCP 76
for public swimming pools and the beach complies with any applicable local ordinance.
While children are in the water of a pool, wading pool, water attraction, or beach, the following staff-to-child ratios for providers who can swim shall be met:
When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on to the number of children in the water and each child's age.
DCF 250.06 Note
Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department upon request. Requests may be made to the licensing representative or regional office in Appendix A.
A child shall be restricted to the area of the pool or beach that is within the child's swimming ability.
If some of the children are in the water and others are not, there shall be at least 2 providers supervising the children. One provider shall supervise the children who are in the water, and the other provider shall supervise the children who are not in the water.
DCF 250.06 History
History: CR 03-052
: cr. Register December 2004 No. 588
, eff. 3-1-05; corrections in (6) (a), (11) (c) 3. b. and (12) (c) 1. made under s. 13.92 (4) (b) 7.
, Stats., Register November 2008 No. 635
; CR 07-102
: am. (1) (a), (b) 2., 3., (2) (e), (3), (6) (b), (c), (7) (a) 6. c., (9) (d), (11) (b) 2., 3., 4., (12) (b), (c) (intro.) and 3. (intro.), cr. (4) (e) and (12) (c) 6., r. (7) (a) 8. Register December 2008 No. 636
, eff. 1-1-09; corrections in (6) (b), (7) (a) 6. c. and (12) (b) made under s. 13.92 (4) (b) 1.
, Stats., Register December 2008 No. 636
; corrections in (6) (a), (b) made under s. 13.92 (4) (b) 7.
, Stats., Register August 2011 No. 668
; corrections in (4) (d), (12) (c) 1. made under s. 13.92 (4) (b) 7.
, Stats., Register February 2012 No. 674
; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7.
, Stats., Register July 2016 No. 727
: emerg. am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4., eff. 1-30-19; CR 19-089
: am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4. Register March 2020 No. 771
, eff. 4-1-20; correction in (11) (c) 3. b. made under s. 35.17
, Stats., Register March 2020 No. 772
; CR 20-003
: am. (11) (b) 2. Register July 2020 No. 775
, eff. 8-1-20.
A provider shall plan activities so that each child may be or do all of the following:
Use materials and take part in activities that encourage creativity.
DCF 250.07 Note
The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help centers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The Standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child's progress. The Standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/
or through the Child Care Information Center at 1-800-362-7353.
Wisconsin has an information and referral service for persons with questions or concerns about a child's development called First Step that is available to the public 24 hours a day, 7 days a week. When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. When a provider or a parent has concerns about a child's growth or development a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.
A provider shall plan daily activities according to the age and developmental level of each child in care and shall include a flexible balance of all of the following:
Daily indoor and outdoor activities when a child is in care for more than 3 hours except that outdoor activities are not required during inclement weather or when not advisable for health reasons.
Television, including videotapes and DVDs, may be used only to supplement the daily plan for children. No child may be required to watch television.
Each family child care center shall provide positive guidance and redirection for the children and shall set clearly specified limits for the children. A provider shall help each child develop self-control, self-esteem and respect for the rights of others.
For purposes of this paragraph, a “time-out” is an interruption of unacceptable behavior by the removal of the child from the situation, not to isolate the child, but to allow the child an opportunity to pause, and with support from the provider, reflect on behavior and gain self-control.
If a provider uses time-out periods to deal with unacceptable behavior, a time-out may not exceed 3 minutes and may not be used for a child under 3 years of age.
The procedures for time-out periods shall be included in the center's written child guidance policy.
Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:
Spanking, hitting, pinching, shaking, slapping, twisting, throwing, or inflicting any other form of corporal punishment on the child.
Verbal abuse, threats or derogatory remarks about the child or the child's family.
Physical restraint, binding or tying the child to restrict the child's movement or enclosing the child in a confined space such as a closet, locked room, box or similar cubicle.
Actions that are cruel, aversive, humiliating or frightening to the child.
DCF 250.07 Note
See s. DCF 250.04 (8)
for information on reporting suspected child abuse and s. DCF 250.04 (3) (i)
for rules requiring that prohibited actions to a child be reported to the department within 24 hours after the occurrence.
Safe indoor and outdoor play equipment shall be provided and shall be all of the following:
Of sturdy construction with no sharp, rough, loose, or pointed edges, in good operating condition, and anchored when necessary.
Placed so as to avoid danger of accident or collision and to permit freedom of action.
Used in accordance with all manufacturer's instructions and any manufacturer's recommendations that may affect the safety of children in care.
Various types of play equipment shall be provided to allow for large and small muscle activity, dramatic play, creative expression and intellectual stimulation.
Indoor play equipment shall be provided to allow each child a choice of at least 3 activities involving equipment when all children are involved in using equipment.
Outdoor play equipment shall be provided to allow each child at least one activity when all children are using equipment at the same time.
Trampolines and inflatable bounce surfaces on the premises shall not be in areas accessible to children and may not be used by the children in care.
Furnishings shall be clean, durable, and safe with no sharp, rough, loose, or pointed edges.
Storage space for equipment, bedding, and children's clothing and personal belongings.
DCF 250.07 Note
Note: Lists suggesting kinds and numbers of equipment for centers are available from the Child Care Information Center by calling 1-800-362-7353.
Children under 5 years of age in care for more than 4 consecutive hours shall have a nap or rest period.
A provider shall permit children who do not sleep after 30 minutes and children who wake up early to get up and shall help them to have a quiet time through the use of equipment or activities which do not disturb other children.
Each child one year of age or older who has a nap or rest period shall be provided with a sleeping surface that is clean, safe, washable, and placed at least 2 feet from the next sleeping child. The sleeping surface may be any of the following:
Each child under one year of age who naps or sleeps shall be provided with a clean, safe, washable crib or playpen that meets the applicable safety standards in 16 CFR Part 1219
and shall be placed at least 2 feet from the nearest sleeping child. Cribs or playpens may be placed end-to-end if a solid partition separates the crib or playpen, and an aisle not less than 2 feet in width is maintained between sleeping surfaces.
Each child one year of age or older who is not using a sleeping bag shall be provided with an individually identified sheet and blanket that may be used only by that child until it is washed. Sleeping bags and bedding shall be stored in a sanitary manner and washed at least after every 5 uses or as soon as possible if wet or soiled.
Infants shall sleep alone in cribs or playpens. Two related children may share a double bed. No more than one child may occupy a single size bed, cot, mat or sleeping bag.
A licensee, provider, household member, employee, volunteer, visitor or parent who has symptoms of illness or of a communicable disease that may be transmitted through normal contact may not be in contact with the children in care.
A licensee, provider, household member, employee, volunteer, visitor, parent, or a child in care may be admitted or readmitted to the family child care center if the person provides a written statement from a physician that the condition is no longer contagious or if the person has been absent for a period of time equal to the longest usual incubation period for the disease under ch. DHS 145
DCF 250.07 Note
The Wisconsin Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. These materials also provide additional guidance on the symptoms of each disease and information on how long an infected child shall be excluded from the center. Copies of the communicable disease chart are available on the Department of Health Services website, https://www.dhs.wisconsin.gov/publications/p4/p44397.pdf