Alert! This chapter may be affected by an emergency rule:
DCF 251.09(4) (4)Diapering and toileting.
DCF 251.09(4)(a)(a) Child care workers shall do all of the following:
DCF 251.09(4)(a)1. 1. Plan toilet training in cooperation with the parent so that a child's toilet routine is consistent between the center and the child's home, except that no routine attempts may be made to toilet train a child under 18 months of age.
DCF 251.09(4)(a)2. 2. Change wet or soiled diapers and clothing promptly.
DCF 251.09(4)(a)3. 3. Change each child on an easily cleanable surface which is cleaned with soap and water and a disinfectant solution after each use with a chlorine bleach solution of one tablespoon bleach to one quart of water, made fresh daily, or a quaternary ammonia product prepared in accordance with label directions.
DCF 251.09 Note Note: A quaternary ammonia product is any of a group of compounds in which a central nitrogen atom is joined to four organic radicals and one acid radical, used as antiseptics and disinfectants. Benzalkonium chloride, dimethyl benzyl ammonium chloride, and dodecyl dimethyl ammonium chloride are the names of some common ammonium compounds that might identify a product as a quaternary ammonium product. The chemical name for bleach is sodium hypochlorite.
DCF 251.09(4)(a)4. 4. If the diapering surface is above floor level, provide a barrier or restraint to prevent falling. A child may not be left unattended on the diapering surface.
DCF 251.09(4)(a)5. 5. Place disposable soiled diapers and gloves, if used, in a plastic-lined, hands-free, covered container immediately.
DCF 251.09(4)(a)6. 6. Place parent-supplied soiled cloth diapers in labeled plastic bags which are kept separate from other clothing.
DCF 251.09(4)(a)7. 7. Place center-supplied soiled cloth diapers in a plastic-lined, covered container for washing by a commercial diaper service.
DCF 251.09(4)(a)8. 8. Remove soiled diapers from containers as needed but at least daily for washing or disposal. Containers shall be washed and disinfected daily.
DCF 251.09(4)(a)9. 9. Wash hands with soap and running water before and after each diapering or assistance with toileting routines. For children under one year, hands may be washed with soap and a fabric or paper washcloth.
DCF 251.09(4)(a)10. 10. Apply lotions, powders or salves to a child during diapering only at the specific written direction of the child's parent or the child's physician. The directions on use shall be posted in the diaper changing area. Recording the use of lotions, powders or salves during diapering in the medical log book is not required.
DCF 251.09(4)(a)11. 11. Wash the child's diaper area before each diapering with a disposable or fabric towel used only once.
DCF 251.09(4)(b) (b) Each self-contained classroom or area serving infants or toddlers who are diapered shall have a sink with hot and cold running water which is not used for food preparation or dishwashing within the room or area.
DCF 251.09(4)(c) (c) There shall be a solid barrier between the diapering area and any food preparation area.
DCF 251.09(4)(d) (d) There shall be a supply of dry and clean clothing and diapers sufficient to meet the needs of all the children at the center.
DCF 251.09 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: renum. (1) (a) to be (am), am. (1) (title) and (intro.), (f), (2) (f) and (3) (a) 4., cr. (1) (j) to (L) and (2) (bm), r. (3) (a) 5. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (e) and (h) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (d) (intro.), 1., 2., (h), (4) (a) 3., 5. and 10. Register December 2008 No. 636, eff. 1-1-09; 2015 Wis. Act 132: am. (1) (e) Register February 2016 No. 722, eff. 3-1-16.
DCF 251.095 DCF 251.095Exceptions and additional requirements for care of school-age children.
DCF 251.095(1) (1)Applicability. This section applies to group child care centers that serve only school-age children and group child care centers that serve school-age children in groups separate from children who are under 5 years of age. This section does not apply to group child care centers where school-age children are served in groups with children under 5 years of age.
DCF 251.095(2) (2)Exceptions for group child care centers serving only school-age children. All requirements under ss. DCF 251.04 to 251.08 and 251.11 apply to group child care centers serving school-age children except for the following requirements:
DCF 251.095(2)(a) (a) Section DCF 251.06 (2) (b) but only in regard to protection of electrical outlets.
DCF 251.095(2)(b) (b) Section DCF 251.06 (8) (d) and (e) relating to shelves and storage space for clothing and personal belongings.
DCF 251.095(2)(c) (c) Section DCF 251.06 (11) (b) 7. concerning a permanent enclosure of outdoor space. If hazards exist, such as traffic or bodies of water, the boundaries of outdoor play space shall be made known to the children.
DCF 251.095(2)(d) (d) Section DCF 251.05 (1) (g) 2., relating to training for assistant child care teachers.
DCF 251.095(2)(e) (e) Section DCF 251.05 (3) (b), relating to supervision of children, does not apply to children 8 years of age and older in the child care center.
DCF 251.095(3) (3)Exceptions for group child care centers serving only school-age children in school buildings. The following requirements do not apply to group child care centers serving only school-age children in school buildings currently in use as school buildings:
DCF 251.095(3)(a) (a) Section DCF 251.05 (1) (g) 2., relating to training for assistant child care teachers.
DCF 251.095(3)(b) (b) Section DCF 251.06 (1) (a) on maintaining a building inspection report.
DCF 251.095(3)(c) (c) Section DCF 251.06 (4) (a) on fire extinguishers.
DCF 251.095(3)(d) (d) Section DCF 251.06 (4) (j) on testing smoke detectors and fire alarms.
DCF 251.095(3)(dm) (dm) Section DCF 251.06 (5) (c) on the requirement that garbage containers be covered. All other requirements of this section shall be met.
DCF 251.095(3)(e) (e) Section DCF 251.06 (6) (b) on testing well water.
DCF 251.095 Note Note: The requirements in pars. (b) to (e) do not apply to centers serving only school-age children in school buildings because school buildings are covered in chs. SPS 361 to 365 and NR 109.
DCF 251.095(4) (4)Additional requirements for group child care centers serving school-age children.
DCF 251.095(4)(a)(a) Supervision.
DCF 251.095(4)(a)1.1. A center serving school-age children is responsible for the health, safety and well-being of a child between the time the child arrives at the center and the time the child is released to the parent or to another activity which is specifically authorized in writing by the parent.
DCF 251.095(4)(a)2. 2. The center shall have on file an agreement, signed by the parent, which specifies the attendance schedule to be followed and authorizes the child's release to activities away from the center.
DCF 251.095 Note Note: The licensee may use either the department's form, Alternate Arrival/Release Agreement — Child Care Centers, or the licensee's own form for securing the parent's signed agreement. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 251.095(4)(a)3. 3. School-age children 8 years of age and older may be authorized by staff to participate in center-sponsored activities in the child care center away from direct supervision by center staff.
DCF 251.095(4)(a)5. 5. School-age children 8 years of age and older may move between groups if a tracking method is implemented to ensure that child care workers know the whereabouts of each child assigned to the worker's care.
DCF 251.095(4)(b) (b) Staff qualifications.
DCF 251.095(4)(b)1.1. The administrator of a center serving only school-age children shall meet the requirements in s. DCF 251.05 (1) (d) 2. or department-approved experience, credits or courses in elementary education, physical education, child guidance or recreation or other department-approved training.
DCF 251.095(4)(b)2. 2. A center director or child care teacher of a center serving only school-age children shall meet the requirements of s. DCF 251.05 (1) (e) or (f), as appropriate, or shall substitute for those requirements department-approved experience, credits or approved courses in elementary education, physical education, child guidance, recreation or other department-approved training.
DCF 251.095(4)(b)3. 3. Each assistant child care teacher shall meet the requirements in s. DCF 251.05 (1) (g) or shall have satisfactorily completed at least 10 hours of training approved by the department in the care of school-age children within 6 months after assuming the position.
DCF 251.095(4)(c) (c) Program. A center serving school-age children shall have a planned program which provides a change from the routine of school through provision of:
DCF 251.095(4)(c)1. 1. Rest and quiet areas.
DCF 251.095(4)(c)2. 2. Recreational activities, including outdoor and active play.
DCF 251.095(4)(c)3. 3. Freedom for children to select and plan their own activities.
DCF 251.095(4)(d) (d) Meals and snacks.
DCF 251.095(4)(d)1.1. Children enrolled in school who are attending the center when a meal or snack is served shall be offered the meal or snack.
DCF 251.095(4)(d)2. 2. School-age children present after school shall be served a snack.
DCF 251.095 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; CR 03-052: renum. from HFS 46.10 and am. (1), (2) (intro.), (c), (3) (intro.) and cr. (3) (dm) Register December 2004 No. 588, eff. 3-1-05; corrections in (2), (3) and (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (intro.), (c), (e), (4) (a) 3., (b) 1. and 3., cr. (4) (a) 5. Register December 2008 No. 636, eff. 1-1-09; correction in (4) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (2) (d), (3) (a) Register February 2016 No. 722, eff. 3-1-16.
DCF 251.10 DCF 251.10Additional requirements for night care.
DCF 251.10(1)(1)Applicability. Group child care centers which operate during any period of time between 9:00 p.m. and 5:00 a.m. shall comply with the additional requirements of this section.
DCF 251.10(2) (2)General requirements.
DCF 251.10(2)(a)(a) A center offering night care may serve no more than 20 children at any one time between 9:00 p.m. and 5:00 a.m. unless the building is equipped with emergency lighting supplied by a stand-by power source.
DCF 251.10(2)(b) (b) When the same premises are used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.
DCF 251.10(2)(c) (c) Minimum staff-child ratios and group sizes as specified in s. DCF 251.05 (4) shall be maintained during night care.
DCF 251.10(2)(d) (d) All child care workers on duty shall remain awake, available, within call and able to respond to the needs of the children during night care.
DCF 251.10(2)(e) (e) The parent or center shall provide each child in night care with an individually labeled sleeping garment and a toothbrush.
DCF 251.10(3) (3)Program.
DCF 251.10(3)(a)(a) Child care staff shall work with a child's parent to coordinate how the child spends his or her time during night care at the center with the family's schedule.
DCF 251.10(3)(b) (b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child can engage in activities.
DCF 251.10(3)(c) (c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.
DCF 251.10(3)(d) (d) School-age children shall have an opportunity to read or do school work.
DCF 251.10(4) (4)Preventive measures.
DCF 251.10(4)(a)(a) Child care workers shall be given training in techniques of evacuating sleeping children in an emergency during orientation to the job.
DCF 251.10(4)(b) (b) Centers operating during hours of darkness shall provide emergency lighting, such as an operable flashlight, for each self-contained room used by children.
DCF 251.10(4)(c) (c) Fire evacuation drills shall be practiced during night care hours at least 2 times per year.
DCF 251.10(5) (5)Feeding.
DCF 251.10(5)(a)(a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.
DCF 251.10(5)(b) (b) A nighttime snack shall be available to all children in care.
DCF 251.10(5)(c) (c) A child present at the time the evening meal is served shall be served the evening meal.
DCF 251.10(6) (6)Sleep.
DCF 251.10(6)(a)(a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.
DCF 251.10(6)(b) (b) Sleep routines for individual children shall be based on information provided by the parents.
DCF 251.10(6)(c) (c) A bed, crib or cot with sheets and blankets or a sleeping bag, individual to each child, shall be provided in night care.
DCF 251.10(6)(d) (d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.
DCF 251.10(6)(e) (e) Children under 2 years of age in night care shall sleep in cribs.
DCF 251.10 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: renum. from HFS 46.11, am. (1) and (2) (d) Register December 2004 No. 588, eff. 3-1-05; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: cr. (4) (c) Register December 2008 No. 636, eff. 1-1-09.
DCF 251.11 DCF 251.11Licensing administration.
DCF 251.11(1) (1)General conditions for approval of license.
DCF 251.11(1)(a)(a) A facility that provides care on a regular basis to 9 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed as a group child care center.
DCF 251.11(1)(b) (b) Prior to receiving a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due to the department.
DCF 251.11(1)(c) (c) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fine or forfeitures.
DCF 251.11(1)(d) (d) Persons licensed to operate a group child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the group child care center. A determination of being unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not it results in a criminal charge or conviction.
DCF 251.11(1)(e) (e) The department shall issue a group child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.
DCF 251.11(1)(f) (f) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center might endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that shall certify the condition of the individual and the possible effect of that condition on the group child care center or the children in care.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.