Chapter DCF 250

DCF 250.08(7)(b) (b) Children may not be left unattended in a vehicle.

DCF 250.08(7)(c) (c) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver whenever there are more than 3 children who are either under 2 years of age or who have a disability that limits their ability to respond to an emergency.

DCF 250.08(7)(d) (d) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.

DCF 250.08(7)(e) (e) No child may be in a vehicle for transport to or from a center, a field trip, or other center activity for more than 60 minutes for a one-way trip.

DCF 250.08(8) (8) Child care vehicle safety alarm.

DCF 250.08(8)(a) (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

DCF 250.08(8)(a)1. 1. The vehicle is owned or leased by a licensee or a contractor of a licensee.

DCF 250.08(8)(a)2. 2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be as determined by the manufacturer.

DCF 250.08(8)(a)3. 3. The vehicle is used to transport children in care.

DCF 250.08(8)(b) (b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

DCF 250.08(8)(c) (c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.

DCF 250.08 Note Note: Information on the required vehicle safety alarm is available on the department’s website at http://dcf.wisconsin.gov/ccregulation/providers.

DCF 250.08 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; CR 07-102: renum. (3) and (5) to be (3) (a) and (5) (a) and am., cr. (3) (b), (c), (5) (b), (c), (d), (e) and (6) (e), r. and recr. (4), am. (6) (b) Register December 2008 No. 636, eff. 1-1-09; CR 14-028: cr. (8) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20; correction in (6) (a), (b) 1., 2. made under s. 35.17, Stats., Register February 2023 No. 806.

DCF 250.09 DCF 250.09 Additional requirements for infant and toddler care.

DCF 250.09(1) (1) Applicability, qualifications and general requirements.

DCF 250.09(1)(a) (a) Family child care centers providing care and supervision to infants and toddlers shall comply with the additional requirements of this section.

DCF 250.09(1)(c) (c) General requirements.

DCF 250.09(1)(c)1. 1. A provider shall use information obtained on a department-provided form for children under 2 years of age to individualize the program of care for each child. The information shall be at the center before the child is left for care on the child’s first day of attendance. A provider and the child’s parents shall periodically discuss the child’s development and routines.

DCF 250.09 Note Note: The department’s form, DCF-F-CFS0061-E, Intake for Child Under 2 Years – Child Care Centers, is used to record information for individualizing the program of care for each child. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A. Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called Well Badger Resource Center that is available to the public 24 hours a day, 7 days a week. When a call is placed to Well Badger Resource Center 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 parent has concerns about a child’s growth or development a referral to a Birth-to-Three agency 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) coordinate programming activities with the local Birth-to-Three agency.

DCF 250.09(1)(c)2. 2. Cribs and playpens shall contain a tight-fitting mattress and a mattress covering that fits snugly over the mattress.

DCF 250.09(1)(c)3. 3. Sheets or blankets used to cover a child one year of age or older shall be kept away from the child’s mouth and nose, and if sleeping in a crib or playpen shall be tucked tightly under the mattress.

DCF 250.09(1)(c)4. 4. A child under one year of age may not sleep in a crib or playpen that contains soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects, or stuffed animals. No blankets or other items may be hung on the sides of a crib or playpen.

DCF 250.09(1)(c)4g. 4g. An audio monitoring device shall be used in any area or room where children under the age of one year are placed to sleep.

DCF 250.09(1)(c)4r. 4r. Waterbeds may not be used by children under 2 years of age.

DCF 250.09(1)(c)5. 5. Safety gates shall be used at open stairways when children are awake.

DCF 250.09(2) (2) Daily program.

DCF 250.09(2)(a) (a) Child care providers shall respond promptly to a crying child’s needs.

DCF 250.09(2)(b) (b) Each infant and toddler shall be allowed to form and follow his or her own patterns of sleeping and waking.

DCF 250.09(2)(c) (c) Each child under one year of age shall be placed to sleep on his or her back in a crib unless otherwise specified in writing by the child’s physician. The child shall be allowed to assume the position most comfortable to him or her when able to roll over unassisted.

DCF 250.09(2)(d) (d) Emphasis in activities shall be given to play as a learning and growth experience.

DCF 250.09(2)(e) (e) Throughout the day, each infant and toddler shall receive physical contact and attention such as being held, rocked, talked to, sung to and taken on walks inside and outside the center.

DCF 250.09(2)(f) (f) Routines related to activities such as taking a nap, eating, diapering and toileting shall be used as occasions for language development and other learning experiences.

DCF 250.09(2)(g) (g) When a non-mobile child is awake, a provider shall change the child’s body position and location in the room periodically. Non-mobile awake children shall be placed on their stomach occasionally throughout the day.

DCF 250.09(2)(h) (h) Each non-walking child who can creep or crawl shall be given opportunities each day to move freely in a safe, clean, open, warm and uncluttered area.

DCF 250.09(2)(i) (i) A provider shall encourage infants and toddlers to play with a wide variety of safe toys and objects.

DCF 250.09(3) (3) Feeding. A provider shall do all of the following:

DCF 250.09(3)(a) (a) Feed each infant and toddler on the child’s own feeding schedule.

DCF 250.09(3)(b) (b) Ensure that food, breastmilk, and formula brought from home are labeled with the child’s name, dated, and refrigerated, if required.

DCF 250.09(3)(bm) (bm) Ensure each infant and toddler is correctly fed the food, breastmilk, or formula labeled with the infant’s or toddler’s name.

DCF 250.09(3)(c) (c) Ensure that the food, breastmilk, or formula offered to infants and toddlers is consistent with the requirements of the U.S. department of agriculture child and adult care food program.

DCF 250.09 Note Note: Information on the meal program requirements of the USDA Child and Adult Care Food Program may be found on the website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

DCF 250.09(3)(d) (d) Provide formula or breast milk to all children under 12 months of age.

DCF 250.09(3)(e) (e) Provide another type of milk or milk substitute only on the written direction of the child’s physician.

DCF 250.09(3)(f) (f) Discard leftover milk or formula within 2 hours after each feeding and rinse bottles after use.

DCF 250.09(3)(g) (g) Refrain from heating breast milk or formula in a microwave oven.

DCF 250.09(3)(h) (h) Offer drinking water to infants over 6 months of age and toddlers several times daily.

DCF 250.09(3)(i) (i) Hold a child unable to hold a bottle whenever a bottle is given. Bottles may not be propped.

DCF 250.09(3)(j) (j) Hold or place a child too young to sit in a highchair or feeding table in an infant seat during feeding. Wide-based highchairs with safety straps or feeding tables with safety straps shall be provided for children who are not developmentally able to sit at tables and chairs.

DCF 250.09(3)(k) (k) Ensure that eating utensils and cups are scaled to the size and developmental level of the children.

DCF 250.09(3)(L) (L) Infant bottles and nipples may not be reused without first being cleaned and sanitized.

DCF 250.09(4) (4) Diapering and toileting. A provider shall do all of the following:

DCF 250.09(4)(a) (a) Change wet or soiled diapers and clothing promptly.

DCF 250.09(4)(b) (b) Change the child on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution used shall be one that is registered with the U.S. environmental protection agency as a disinfectant and has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.

DCF 250.09(4)(c) (c) If the diapering surface is above floor level, use a strap, restraint, or other structural barrier to prevent falling. A child may not be left unattended on the diapering surface.

DCF 250.09(4)(d) (d) Place soiled cloth diapers in a plastic bag labeled with the name of the child and send them home daily.

DCF 250.09(4)(e) (e) Place soiled disposable diapers in a plastic-lined, covered container and dispose of them daily.

DCF 250.09(4)(g) (g) Apply lotions, powders or salves to the child during diapering only at the specific direction of a parent or the child’s physician.

DCF 250.09(4)(h) (h) Wash the child during diapering with a disposable towel used only once.

DCF 250.09 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: r. (1) (b), am. (1) (c) 1. and 5. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i), eff. 1-30-19; CR 19-089: am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (c) 2., cr. (1) (c) 4g., 4r., (3) (bm), am. (3) (f) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.095 DCF 250.095 Additional requirements when the licensee is not providing care to children at least 50% of the center’s licensed hours. A licensee who does not provide care and supervision to children at least 50% of the center’s licensed hours shall comply with the following requirements:

DCF 250.095(1) (1) The licensee shall complete at least one course from the Registry Administrator Credential within one year from the initial date that the licensee is not providing care and supervision for at least 50 percent of the center’s licensed hours.

DCF 250.095(2) (2) The licensee shall be responsible for the following:

DCF 250.095(2)(a) (a) Management, finance, physical plant, and day-to-day operations of the center.

DCF 250.095(2)(b) (b) Supervision of the planning and implementation of the center’s program for children.

DCF 250.095(2)(c) (c) Supervision of center staff, including the following duties:

DCF 250.095(2)(c)1. 1. Implement and maintain a written job description for each staff position.

DCF 250.095(2)(c)2. 2. Implement and maintain a written personnel policy that addresses hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures, and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible, but no later than the next business day, when any of the following occurs:

DCF 250.095(2)(c)2.a. a. The employee has been convicted of a crime.

DCF 250.095(2)(c)2.b. b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.

DCF 250.095(2)(c)2.c. c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.

DCF 250.095(2)(c)2.d. d. A professional license held by the employee has been denied, revoked, restricted, or otherwise limited.

DCF 250.095(2)(c)3. 3. Ensure that each employee is familiar with the employee’s job description, personnel policies, and applicable licensing rules.

DCF 250.095(2)(c)4. 4. Conduct staff meetings at least 9 times in a calendar year and document that the meetings have been held.

DCF 250.095(2)(c)5. 5. Ensure staff compliance with continuing education requirements.

DCF 250.095(3) (3) The licensee shall be at the center for at least 30 hours per month for the exclusive purpose of carrying out licensee responsibilities in sub. (2).

DCF 250.095 History History: CR 07-102: cr. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (intro.), eff. 1-30-19; CR 19-089: am. (intro.) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.10 DCF 250.10 Additional requirements for night care.

DCF 250.10(1) (1) Applicability. Family child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the requirements of this section.

DCF 250.10(2) (2) General requirements.

DCF 250.10(2)(a) (a) 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 250.10(2)(b) (b) Minimum staff-to-child ratios and group sizes under Table DCF 250.055 shall be maintained during night care.

DCF 250.10(2)(c) (c) The parent or center shall provide each child in care after 10:00 p.m. with an individually labeled sleeping garment and a toothbrush.

DCF 250.10(3) (3) Program.

DCF 250.10(3)(a) (a) Child care staff shall ascertain from a child’s parent a child’s typical family activities during the period the child is at the center for night care and strive to replicate those activities with the child.

DCF 250.10(3)(b) (b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child may engage in activities.

DCF 250.10(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 250.10(3)(d) (d) School-age children shall have an opportunity to read or do school work.

DCF 250.10(4) (4) Preventive measures.

DCF 250.10(4)(a) (a) A provider shall develop, submit to the department, and implement a plan to evacuate sleeping children in an emergency. Review of the plan shall be part of the orientation under s. DCF 250.05 (3).