• Require licensees to create personnel policies pursuant to s.
HFS 12.07which require staff to notify the licensee of convictions, investigations, governmental findings of abuse and neglect, or restrictions on certain credentials.
• Require centers have and implement a policy on transporting children in order to ensure that children are safely transported while under the care of the center.
• Require additional reporting requirements and clarify existing reporting requirements to the Department.
• Require additional training for center directors. Center directors are allowed additional time to meet the additional training requirements.
• Require training in Shaken Baby Syndrome if the child care center is licensed to care for children under age 5.
• Clarify requirements for center personnel who have sole charge of children.
• Clarify requirements for persons who provide care to children during the center's opening and closing 2 hours.
• Require staff substitutes be at least 18 years old.
• Clarify rules relating to the use of a dishwashing machine to clean soiled dishes.
• Prohibit trampolines and bounce surfaces as play equipment.
• Allow the use of shredded rubber and poured surfacing on play grounds.
• Require all group child care centers that use on-premise play space to have a permanent boundary to protect children in care from any nearby hazards.
• Revise rules requiring car safety seat and booster seat usage to conform with s.
347.48 (4) (as), Stats.
• Require centers to have and implement procedures to ensure that no child is unattended in a vehicle.
• Clarify requirements for entry level staff training requirements for staff who care for school-age children.
• Limit the maximum group size of school age children to 32 children with 2 adults.
• Allow school-age children to move between groups if the child care center has a procedure to track the children during movement.
The Department proposes to modify ch.
HFS 55, Day Camps rules to do the following:
• Prohibit children under age 3 years from being accepted enrollment in a day camp.
• Create rules related to enforcement actions, revocations, appeal language, general conditions for approval of a license.
• Clarify rules related to pets and animals on the premises of a center.
• Create rules related to car seat, booster seat and seat belt usage to conform with s.
347.48 (4) (as), Stats.
• Require driver records be obtained annually.
• Require licensees to have and implement procedures to ensure that no child is unattended in a vehicle.
• Expand the requirements for what must be included in camp policies and procedures.
• Add requirements for posting a license, any approved exceptions to a rule and enforcement actions.
• Require conformity with ch.
HFS 12 and s.
48.685, Stats., relating to caregiver background checks.
• Add additional items that must be reported to the department including:
• Any death of a child in care or any accident or incident that occurs while a child is in the care of a camp that requires professional medical treatment.
• Any known convictions, pending charges or other offenses of the licensee, an employee or other person subject to a caregiver background check which could potentially relate to the care of children or the activities of a camp.
• Any suspected abuse or neglect of a child by a staff member or any inappropriate discipline of a child in the care of the camp.
• Any incident involving law enforcement that involves a licensee, household member or an employee of a camp in an incident that causes or threatens to cause physical or serious emotional harm to an individual including a child in the care of a camp.
• Any changes in room usage at a camp.
• Any incident related to a child who leaves the premises of a camp without the knowledge of a provider or any incident which results in a counselor not knowing the whereabouts of a child in attendance at a camp.
• Any construction or remodeling that has the potential to affect an areas accessible to children or a condition of the license.
• Add rules related to recording a child's attendance and parental notification for certain circumstances.
• Clarify camp director and camp counselor responsibilities.
• Increase the annual pre-camp training time for staff from 18 hours to 24 hours .
• Revise the pre-camp training components to include Shaken Baby Syndrome prevention training and CPR.
• Require that a camp identify a base camp with a building or shelter available for use by the camp to be used during inclement weather.
• Require a working telephone on the premises.
• Add rules relating to safe food storage and preparation.
• Clarify requirements for safe drinking water.
• Require camps' program of activities be focused on out-door activities.
• Clarify what must be included in camp programs.
• Clarify rules on guiding children's behavior including a requirement that specifies that time outs, if utilized by the camp, must have a procedure included in the camp behavior guidance policy.
• Revise requirements for play equipment used by children.
• Revise requirements related to meal planning and special diets for children.
• Clarify requirements related to health supervisors, illness and communicable diseases and medication administration.
• Add requirements that define procedures to be used by caregivers who diaper children.
• Require that each child have a health history and emergency care plan on file at the camp with a procedure for sharing this information with counselors.
• Revise requirements when pools and beaches are on the premises. Including the following:
• Requirements for waterfront supervisors.
• Clarify requirements related to boats, waterfront activities and other swimming related items.
• Require adventure-based activities.
Initial Regulatory Flexibility Analysis (Effect on Small Business)
The proposed changes to chs.
HFS 45,
46 and
55 will affect child care centers and day camps licensed to care for 4 or more children under age 7 for less than 24-hours per day. As of January 2007, there are 3,120 family child care centers licensed to care for between 4 and 8 children; 2,486 group child care centers licensed to care for 9 or more children and 78 day camps licensed to provide a seasonal program for 4 or more children. Most of these entities are “small businesses" as the term is defined under s.
227.114 (1) (a), Stats.
Chapter HFS 45 – Family Child Care Centers
Changes to ch.
HFS 45, would require that all family child care centers using on-premise play space have a permanent boundary protecting the children from any nearby hazards. Typically these boundaries are fences. The department estimates that approximately 80% of currently licensed family child care providers (2,500 of 3,124 licensees) already have outdoor play space enclosed by a fence or other permanent boundary. Another 1 to 2 % of facilities have permission to use off premises play space that is not required to be enclosed. The remaining 500 to 600 facilities currently utilize on-premises play space that is not enclosed. The current rules allow landscaping as a means to enclose outdoor play space as an alternative to putting up a fence. Depending on the type of material chosen, the department estimates the cost to purchase and install a fence start at $300 and could go higher depending upon the type of enclosure selected by the licensee. This would be a one-time expense. Some centers may qualify for an exception to the rule requiring enclosures on outdoor play space due to other protections that could be put in place to adequately protect the children who are playing outside. These exceptions would be considered on a case by case basis.
The proposed rule would require a Registry certificate to document completion of entry level training requirements for all providers. The licensing rules would require a Registry certificate to be in place within 6 months of becoming licensed or starting to work at a family child care center. A Registry certificate indicates the level of education in early childhood attained by the person. Cost of a Registry certificate if applied for on-line is $27. Standard mail-in applications cost $42. Although Registry certificates can be updated annually for an additional cost, the proposed rule requires only a one-time certificate to be on file.
The proposed rules will add a small additional one-time only cost of $27 - $42 for family child care providers who will need to have a Registry certificate for each person providing care. The proposed change does not require that a Registry certificate be renewed annually. An additional 1 time only cost for a fence or other boundary will affect approximately 500 – 600 licensed family child care centers who do not currently have a fence. The department estimates this cost to begin at $300 and go upward depending on the type of fencing or boundary chosen by the licensee. The training required for shaken baby syndrome prevention is included in the courses required for entry-level training, so no additional costs are anticipated. For those new providers or licensees who have already met the training requirements, but have not yet had training in shaken baby syndrome prevention, a stand-alone training is available at a cost per person of $10 - $15. This is a one time only cost. The Department does not anticipate any costs associated with the proposed rules that would require a licensee to reside in the family child care center or limit a family child care center license to one per licensee. These changes would only apply to licenses issued after the effective date of the rules and not affect any programs currently holding a license.
Family Child Care Center estimated annual income: $31,000 – 62,000 . Estimated annual income for family child care centers was calculated by assuming an average weekly rate of $150 per child for 52 weeks. The range was determined by looking at the maximum number of children in care over a year, using the income if 4 children attended and 8 children attending.
Reporting requirements for family child care centers have not increased appreciably with the proposed changes.
Chapter HFS 46 – Group Child Care Centers
Proposed rules for ch.
HFS 46 would require directors in a group child care center to obtain additional credit-based education. Currently, there are 2,491 licensed group child care centers that would be affected by this rule change. The proposed changes would require the director of a small child care center licensed to care for 50 or fewer children (currently there are 1,538 small group child care centers licensed in Wisconsin) to obtain one course in the Wisconsin Child Care Administrator Credential from a technical college or university within 1 year after the effective date of the rule. Center directors in large group child care centers licensed to care for 51 or more children (953 currently licensed centers) would be required to complete the 18 - credit Wisconsin Child Care Administrator Credential within 3 years after the effective date of the rule. The Wisconsin Technical College System estimates that the cost of obtaining this credential is $2000 per credential including books and other materials. The T.E.A.C.H. Early Childhood
© - Wisconsin scholarship program administered through the Wisconsin Early Childhood Association under contract with the Department of Workforce Development, is available to students enrolled in the Wisconsin Child Care Administrator Credential. The T.E.A.C.H. Early Childhood
© - Wisconsin scholarship covers 70% of tuition, 75% of books, a travel stipend, up to 15 hours of release time per semester and 75% of the credential fee. The center agrees to provide 20% of tuition, $300 bonus when a contract is completed and up to an additional 15 hours of release time. The scholarship recipient provides 10% of tuition, 25% of the cost of books and 25% of the credential fee. In addition, the scholarship recipient agrees to remain in his/her current position at the center for a year. The T.E.A..C.H. Early Childhood
© - Wisconsin scholarship is open to any person currently working at least 25 hours per week in a licensed or certified child care center.
The proposed changes to ch.
HFS 46, Licensing Rules for Group Child Care Centers would require that center directors obtain additional credit-based training. At most, the Department estimates the cost of the training would be $2000 for the center directors of 953 large group child care centers. Small center directors (1538 programs) would need to complete only 1 course in the Wisconsin Child Care Administrator Credential. Expected cost for one course including books is $350. The T.E.A.C.H. Early Childhood
© – Wisconsin scholarship is available for center director's affected by this new requirement. The scholarship covers 70% of tuition and 75% of books. Centers are expected to cover 20% of tuition and 25% of books leaving 10% of tuition to be covered by the center director. The training required for shaken baby syndrome prevention is included in the courses required for entry-level training, so no additional costs are anticipated. For those new employees who have already met the training requirements, but have not yet had training in shaken baby syndrome prevention, a stand-alone training is available at a cost per person of $10 - $15. This is a one time only cost.
The proposed rules require that all group child care centers using on-premise play space have a permanent boundary protecting the children from any nearby hazards. Typically these boundaries are fences. An additional 1 time only cost for a fence or other boundary will affect less than 2% of the licensed group child care centers. The majority of the group child care centers already have the requisite fencing or other boundary. School-age only programs are not required to have a fence or boundaries. The department estimates this cost to begin at $300 and go upward depending on the type of fencing or boundary chosen by the licensee.
Group Child Care Center estimated annual income:
$520,000 – 1,560,000
Estimated annual income for group child care centers was calculated by assuming an average weekly rate of $200 per child for 52 weeks. The range was determined by estimating an average of 50 children in attendance vs. 150 children in attendance. According to a statistical report from the BRL database, there are 1,090 group child care centers with a capacity of between21 and 50 children and 195 group child care centers with a capacity between 101 and 150 children. (There are 74 group child care centers with a capacity of 151+ children and 448 group child care centers with a capacity of fewer than 21 children)
Reporting requirements for group child care centers have not increased appreciably with the proposed changes.
Proposed changes to ch.
HFS 55, would require training in child and adult Cardiopulmonary Resuscitation (CPR) for all camp counselors, waterfront supervisors and camp directors. CPR training is readily available from a variety of sources at various prices. The rule requires a current certificate of completion. Some certificates are valid for a 2-year period while others are valid for 1 year. The department estimates that 50% of existing camps (38 of 76 camps) already require CPR training for employees. For the remaining 38 camps the cost of providing CPR training might range from approximately $15 - $30 per student depending on who provided the training. These costs could be annual or biennial depending on the type of course chosen.
The proposed changes to ch.
HFS 55, Licensing Rules for Day Camps will require additional hours of pre-camp training which would include training CPR and shaken baby syndrome. The proposed rules will raise the number of pre-camp training hours from 18 to 24. The Department estimates that approximately 38 of the currently licensed 76 camps already require CPR for counselors. The cost of CPR training is estimated to be $15 - $30 per student.
Day camp estimated annual income is $110,000. Day camp estimated annual income was calculated by assuming a $200 weekly rate for 11 weeks with 50 children in attendance.
Increases in reporting requirements for day camps have increased substantially. However the department believes that the additional reporting requirements are necessary to ensure that the health, safety and welfare of children is protected. In most cases, the reports can be made by phone with a follow-up written report that can be submitted electronically. There should be minimal increases to staff time to accommodate the increased reporting requirements.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
There is not expected to be a fiscal impact on state or local revenues or liabilities.
Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Contact Person
Anne Carmody, Child Care Program Specialist
1 W. Wilson St., Room 534
P.O. Box 8916
Madison, WI 53718-8916
