Register January 2023 No. 805
Chapter DCF 202
CHILD CARE CERTIFICATION
DCF 202.01 Authority, purpose, applicability, and exceptions.
DCF 202.04 Certification.
DCF 202.06 Enforcement actions and conditions.
DCF 202.08 Standards for family child care and in-home child care.
DCF 202.01
DCF 202.01 Authority, purpose, applicability, and exceptions. DCF 202.01(1)(1)
Authority and purpose. This chapter is promulgated under the authority of s.
48.651 (1d), Stats., to establish standards for the certification of persons who provide child care for 1 to 3 children. The standards are intended to protect and promote the health, safety, and welfare of children in the care of these providers.
DCF 202.01(2)
(2)
Applicability. Subject to sub.
(3), this chapter applies to certification agencies, applicants for certification, and certified child care operators who are not licensed to operate a family child care center under ch.
DCF 250 and are not required to be licensed as a child care center under s.
48.65, Stats. Certification agencies and certified child care operators shall comply with all applicable laws and the requirements of this chapter.
DCF 202.01(3)(a)(a) A certified child care operator may submit to the certification agency a written request for an exception to a requirement of this chapter with a justification for the requested action and an alternative to meet the intent of the requirement.
DCF 202.01(3)(b)
(b) A certification agency may grant a request for an exception submitted under par.
(a) if a certified child care operator demonstrates to the satisfaction of the certification agency that granting the exception will not jeopardize the health, safety, or welfare of any child in care. A certification agency may not grant an exception to a statutory requirement.
DCF 202.01 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; emerg. r. and recr., eff. 7-1-96; r. and recr.
Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.55,
Register, July, 1999, No. 523, eff. 8-1-99;
CR 07-071: am. (1) and (2)
Register May 2008 No. 629, eff. 6-1-08;
2015 Wis. Act 132: am. (2)
Register February 2016 No. 722, eff. 3-1-16;
EmR1918: emerg. r. and recr., eff. 1-30-19;
CR 19-089: r. and recr.
Register March 2020 No. 771, eff. 4-1-20.
DCF 202.02
DCF 202.02 Definitions. In this chapter:
DCF 202.02(1)
(1) “
Background check request form” means a form prescribed by the department on which a person completes required information for the child care background check under s.
48.686, Stats., and ch.
DCF 13.
DCF 202.02(1s)
(1s) “Certification agency" means the department in a county having a population of 750,000 or more; a county department of social services established under s.
46.22, Stats.; a county department of human services established under s.
46.23, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care operators under s.
48.651, Stats.
DCF 202.02(2)
(2) “Certified child care home” or “home” means the residence in which a certified child care operator provides care of children and which meets the standards under s.
DCF 202.08.
DCF 202.02(3)
(3) “Certified child care operator,” “
child care operator,” or “operator” means an individual that has legal and financial responsibility for the operation of a child care program and for meeting the requirements under this chapter.
DCF 202.02(3b)
(3b) “Certified family child care operator” means a certified child care operator who provides care in a private residential property that is not the home of the child in care.
DCF 202.02(3e)
(3e) “
Certified in-home child care operator” means a certified child care operator who provides care in the child's home for a family that is eligible for in-home care through the child care subsidy program under s.
DCF 201.039 (5).
DCF 202.02(3h)
(3h) “Child care certification worker” means a person employed by a certification agency whose duties include determination of eligibility for child care certification.
DCF 202.02(3k)
(3k) “Child care provider” or “provider” means a certified child care operator or an employee or volunteer of the child care operator who is involved in the care and supervision of children on behalf of the operator and who meets the requirements specified in s.
DCF 202.08 (1). “Provider” includes a substitute if there is no regularly scheduled provider working other than the substitute.
DCF 202.02(3L)
(3L) “
Child care subsidy program” means the program under which the department issues payments to assist parents who are eligible under s.
49.155 (1m), Stats., with child care expenses.
DCF 202.02(4)
(4) “
County department” means a county department of social services under s.
46.22, Stats., or a county department of human services under s.
46.23, Stats.
DCF 202.02(5)
(5) “Department" means the Wisconsin department of children and families.
DCF 202.02(5c)
(5c) “
Early childhood education” means the teaching of children who are 8 years of age or less.
DCF 202.02(5g)
(5g) “Emergency” means unforeseen circumstances that require immediate attention.
DCF 202.02(5m)
(5m) “
Emergency back-up provider” means a designated adult who is available to assist in the event an emergency occurs that requires a provider to leave the premises occasionally for a short period of time.
DCF 202.02(5r)
(5r) “Employee" means any individual who works for a certified child care operator to provide care and supervision of children in care, including a substitute, helper, or assistant.
DCF 202.02(7)
(7) “
Field trip” means any experience a child has away from the premises while in the care of a provider, whether the child walks or is transported.
DCF 202.02(7m)
(7m) “
Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:
DCF 202.02(7m)(c)
(c) A history of criminal, civil or other offenses, or administrative rule violations that are related to the care of children or clients or demonstrate an inability to manage the activities of a child care program.
DCF 202.02(8m)
(8m) “Hazard” means a potential source of harm, including a recalled product, that could jeopardize the health, safety, or well-being of children in care.
DCF 202.02(9)
(9) “Health check provider" means a provider of health assessment and evaluation services eligible to be certified under s.
DHS 105.37 (1) (a), including an outpatient hospital facility, health maintenance organization, visiting nurse association, clinic operated under a physician's supervision, local public health agency, home health agency, rural health clinic, Indian health agency and neighborhood health center.
DCF 202.02(9d)
(9d) “
Household member” means a person who is age 10 or older, who resides, or is expected to reside, at a certified child care home and who is not a client of the certified child care operator.
DCF 202.02(9g)
(9g) “In care” means a child care provider is responsible for the supervision, safety and developmental needs of children, on or off the premises, including during transportation provided by the certified child care operator. For purposes of this subsection, “children” includes children under 7 years of age who reside in the certified child care home.
DCF 202.02(9r)
(9r) “Inclement weather" means stormy or severe weather, including any of the following:
DCF 202.02(9r)(c)
(c) Wind chills of 0 degrees Fahrenheit or below for children age 2 and above.
DCF 202.02(9r)(d)
(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.
DCF 202.02(11)
(11) “In-home provider” means a person caring for a child in the child's own home when the conditions in s.
DCF 201.039 (5) are met.
DCF 202.02(12)
(12) “Licensed physician" means a physician licensed under ch.
448, Stats.
DCF 202.02(12m)
(12m) “Operator's own children" means a certified family child care operator's natural, adopted, step, and foster children, and any children who reside in the operator's home.
DCF 202.02 Note
Note: Section
49.155 (1) (c), Stats., provides:
“Notwithstanding s. 49.141 (1) (j), `parent' means a custodial parent, foster parent, treatment foster parent, legal custodian or person acting in place of a parent."
DCF 202.02(15)
(15) “Premises" means the tract of land on which the home used for child care is located, including all buildings and structures on that land.
DCF 202.02(18)
(18) “Related to the provider" means the provider's natural or adopted children, foster children, stepchildren, grandchildren, brothers, sisters, first cousins, nephews, nieces, uncles and aunts.
DCF 202.02(19)
(19) “School-age child" means a child 5 years of age or older who is enrolled in a public school or a parochial or other private school.
DCF 202.02(20c)
(20c) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken forcibly enough to cause the brain to rebound against his or her skull.
DCF 202.02(20g)
(20g) “Substitute” means a provider who replaces the certified child care operator or other provider on an infrequent, pre-arranged, or planned basis.
DCF 202.02(20n)
(20n) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene, and a review of the clinical history.
DCF 202.02(20r)
(20r) “Supervision” means guidance of the behavior and activities of children for their health, safety, and well-being by a provider who is within sight or sound of the children, except as specified in s.
DCF 202.08 (2) (e) 6. and
7. DCF 202.02(20w)
(20w) “Suspension” means a temporary interruption in regulatory approval.
DCF 202.02(21)
(21) “Tribe” means a Wisconsin American Indian tribe recognized by the federal government.
DCF 202.02(21m)
(21m) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service's centers for disease control and adopted by the U.S. occupational safety and health administration as
29 CFR 1910.1030.
DCF 202.02 Note
Note: “Standard precautions” for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA website at
http://www.osha.gov.
DCF 202.02(22)
(22) “Volunteer” means a person who is not paid but who agrees to give time, with or without reimbursement for expenses, to transport children in care or to work in a certified child care home.
DCF 202.02(23)
(23) “
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 202.02 History
History: Cr.
Register, August, 1985, No. 356, eff. 9-1-85; r. and recr.
Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr.,
Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.56; r. and recr. (1) and am. (4) and (22),
Register, July, 1999, No. 523, eff. 8-1-99; correction in (6) and (13) made under s. 13.93 (2m) (b) 7., Stats.,
Register, July, 1999, No. 523;
CR 02-007: am. (1) and (4), cr. (3m) and (4m)
Register May 2002 No. 557, eff. 6-1-02;
CR 07-071: cr. (1m), (3b), (3e), (3k), (5g), (5r), (8m), (9c), (9g), (9r), (12m), (20c) to (20w), r. and recr. (2), (15) and (22), am. (3), (6) and (8), renum. (4m) and (20) to be (3h) and (3f) and am., r. (7) and (17)
Register May 2008 No. 629, eff. 6-1-08; corrections in (1m), (2), (3m), (5), (6), (8), (9) and (20r) made under s. 13.92 (4) (b) 6. and 7., Stats.,
Register November 2008 No. 635;
2015 Wis. Act 132: r. (1), cr. (1s), am. (2), (3h), r. (4), am. 14
Register February 2016 No. 722, eff. 3-1-16; correction in (1m) made under s. 13.92 (4) (b) 7., Stats.,
Register September 2016 No. 729;
EmR1918: emerg. cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23), eff. 1-30-19;
CR 19-089: cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23)
Register March 2020 No. 771, eff. 4-1-20 except (3), eff. 4-1-20 and 10-1-21; correction in (9g) made under s. 13.92 (4) (b) 7., Stats.,
Register March 2020 No. 771.
DCF 202.04(1)(1)
BASIS FOR CERTIFICATION. In order to be certified, a child care operator shall meet all of the following conditions:
DCF 202.04(1)(b)
(b) There is no child care center licensed under ch.
DCF 250 on the premises where the certified child care operator cares, or will care, for children.
DCF 202.04(2)
(2)
Types of certified operators. A certified child care operator may be certified as a certified family child care operator or a certified in–home child care operator. Certified family child care operators and certified in–home child care operators are required to meet the standards under this chapter and may care for infant, toddler, preschool, or school–age children consistent with s.
DCF 202.08 (6).
DCF 202.04(3)(a)
(a) The certification agency that is responsible for certifying an operator shall be determined by the geographic area in which the child care is provided.
DCF 202.04(3)(b)1.
1. Ensure that each new child care certification worker completes the department-approved new certification worker training during the first 6 months of employment.
DCF 202.04(3)(b)2.
2. Maintain certification records demonstrating agency, applicant, and operator compliance with requirements under this chapter. Certification applicant and operator records shall be retained for 6 years after the closure of a certified child care program, an application denial, an application withdrawal, or a final appeal decision denying an application.
