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;
EmR1918: emerg. cr. (3) (f), (g), am. (4) (b) 1. to 3., r. (4) (c), eff. 1-30-19;
CR 19-089: cr. (3) (f), (g), am. (4) (b) 1. to 3., r. (4) (c)
Register March 2020 No. 771, eff. 4-1-20; correction in (2) (b), (d), (3) (a), (dm) made under s. 13.92 (4) (b) 7., Stats.,
Register March 2020 No. 771;
CR 20-003: am. (2) (d), (e), (3) (a)
Register July 2020 No. 775, eff. 8-1-20;
CR 21-100: r. and recr.
Register February 2023 No. 806, eff. 3-1-23; correction in (5m) (b) 2., 3. made under s. 35.17, Stats.,
Register February 2023 No. 806.
DCF 251.10
DCF 251.10
Additional requirements for night care. DCF 251.10(1)(1)
Applicability. Group child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the additional requirements of this section.
DCF 251.10(2)(a)
(a) A center offering night care may serve no more than 20 children at any one time between 10:00 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 is 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)(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)(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)(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)(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)(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;
EmR1918: emerg. am. (1), (2) (a) to (c), eff. 1-30-19;
CR 19-089: am. (1), (2) (a) to (c)
Register March 2020 No. 771, eff. 4-1-20.
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.
DCF 251.11(1)(g)
(g) The department may deny or revoke the license if the examination specified under par.
(f) gives the department reasonable concern for the care of children.
DCF 251.11(1)(h)
(h) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care license revoked or denied.
DCF 251.11(1)(i)
(i) The department shall consider a licensee who fails to submit any of the materials described in sub.
(3) or
(4) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.
DCF 251.11(2)
(2) Initial application for a probationary license. DCF 251.11(2)(a)(a) An applicant for a license shall participate in pre-licensing technical assistance towards the completion of the initial licensing study checklist with a representative of the department prior to submitting an application for a license.
DCF 251.11 Note
Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate Division of Early Care and Education regional office in Appendix A. The department will provide the application form to a license applicant upon completion of the pre-licensing technical assistance.
DCF 251.11 Note
2. An initial licensing study checklist includes a list of those licensing rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the department or from the appropriate regional office in Appendix A.
DCF 251.11(2)(b)
(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.
DCF 251.11(2)(c)
(c) An applicant for an initial license shall include all the following with the application form:
DCF 251.11(2)(c)2.b.
b. If the applicant is a limited liability company, background check request forms completed by all members of the limited liability company.
DCF 251.11(2)(c)2.c.
c. If the center is or will be located in a residence, background check request forms completed by all household members 10 years of age and above.
DCF 251.11(2)(c)3.
3. A statement from a representative of the department that details the results of any pre-licensing technical assistance.
DCF 251.11(2)(c)4.
4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.
DCF 251.11 Note
Note: Information on how to obtain a copy of the Group Child Care Policy Checklist is available on the department's website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 251.11(2)(c)5g.
5g. The articles of incorporation and by-laws if the licensee is organized as a corporation, association or cooperative. If the licensee is a limited liability company, articles of organization and the operating agreement, if applicable, shall be submitted.
DCF 251.11(2)(c)5r.
5r. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the center and identify by position or name, those persons on the premises who are in charge of the center for all hours of operation.
DCF 251.11(2)(c)5x.
5x. Results of a vehicle safety inspection if the center will transport children.
DCF 251.11(2)(c)6.
6. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 251.11(2)(d)
(d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.
DCF 251.11(2)(e)
(e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6-month duration. A probationary license may be renewed for one 6-month period.
DCF 251.11(2)(f)
(f) If the department determines that an application does not comply with the applicable requirements of this chapter or the department's investigation determines that the applicant is not eligible for a license, the department may deny the application.
DCF 251.11(3)(a)
(a) At least 30 days before the expiration date of a probationary license, an applicant for license renewal shall submit to the department the following materials:
DCF 251.11(3)(a)5.
5. Any changes to the delegation of administrative authority if not previously submitted.
DCF 251.11(3)(a)6.
6. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 251.11(3)(b)
(b) If the department determines that the applicant has met the minimum requirements for a license under this chapter, and if the applicant has paid the applicable fees under ss.
48.65 and
48.686, Stats., any unpaid forfeiture under s.
48.715 (3) (a) or
49.155 (7m) (a) 3., Stats., and any unpaid penalty under s.
48.76, Stats., the department shall issue a regular license.
DCF 251.11(4)(a)
(a) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance.
DCF 251.11(4)(b)
(b) At least 30 days before the continuation review date of the license, an applicant for license renewal shall submit to the department the following materials:
DCF 251.11(4)(b)5.
5. Any changes to the delegation of administrative authority if not previously submitted.
DCF 251.11(4)(b)5r.
5r. Results of a vehicle safety inspection if the center will transport children.
DCF 251.11(4)(b)6.
6. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 251.11 Note
Note: The department will supply a copy of the form, License Application — Group Child Care Centers, prior to the continuation date of the license.
DCF 251.11(4)(c)
(c) If the department determines that the applicant has met the minimum requirements for license under this chapter, has paid the applicable fees under ss.
48.65 and
48.686, Stats., any unpaid forfeiture under s.
48.715 (3) (a) or
49.155 (7m) (a) 3., Stats., and any unpaid penalty under s.
48.76, Stats., the department shall continue the license for an additional 2 years.
DCF 251.11(5)(a)
(a) A licensee shall submit to the department a written request for an amendment to the license if the licensee wishes to change any of the following aspects of the license:
