Chapter DCF 251

DCF 251.04(3)(k) (k) Any incident involving law enforcement within 24 hours after the occurrence that:

DCF 251.04(3)(k)1. 1. Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.

DCF 251.04(3)(k)2. 2. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.

DCF 251.04(3)(L) (L) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.

DCF 251.04 Note Note: See s. DCF 251.11 (5) (a) for items that affect a condition of the license.

DCF 251.04 Note Note: Alterations, additions, or changes of use to commercial buildings may require submittal of plans to and approval by the Department of Safety and Professional Services or its agent before commencing construction. It is recommended that an architect or engineer be consulted prior to the beginning of any construction or remodeling to determine whether plans must be submitted.

DCF 251.04(3)(m) (m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled at the center or a person in contact with children at the center, within 24 hours after the center is notified of the diagnosis. The licensee shall also notify the local health department within 24 hours after the center is notified of the diagnosis.

DCF 251.04(3)(n) (n) Any change in meal preparation arrangements, at least 5 calendar days before the change. Centers adding meal preparation after an initial license has been issued shall document compliance with building codes related to kitchens before beginning to prepare meals on the premises.

DCF 251.04(3)(o) (o) Any change in transportation services, at least 5 calendar days prior to the change.

DCF 251.04(4) (4) Parents.

DCF 251.04(4)(a) (a) The center administrator shall notify the parents of an enrolled child of all of the following:

DCF 251.04(4)(a)1. 1. The child has been exposed to a confirmed case of a communicable disease reportable under ch. DHS 145 and transmitted through normal contact. Notification shall occur when the information becomes known to the center.

DCF 251.04(4)(a)2. 2. Notification shall be made immediately and shall provide sufficient detail to reasonably apprise the parent in all of the following situations:

DCF 251.04(4)(a)2.a. a. The child becomes ill.

DCF 251.04(4)(a)2.b. b. The child needs professional evaluation of an injury.

DCF 251.04(4)(a)2.c. c. The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child’s allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication. For purposes of this subd. 2. c., a “head injury” means a bump, blow, or jolt to the head.

DCF 251.04(4)(a)2.d. d. The child’s whereabouts are unknown to the assigned provider.

DCF 251.04(4)(a)2.e. e. The child was subject to child guidance that is prohibited under s. DCF 251.07 (2) (e) and (f).

DCF 251.04(4)(a)3. 3. The child has sustained a minor injury that does not appear to require professional medical evaluation. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.

DCF 251.04(4)(a)4. 4. The child will be going on a field trip that is not part of the regularly scheduled program. Notification of the date, time, and destination shall be prior to the field trip.

DCF 251.04(4)(b) (b) The center shall permit parents to visit and observe at any time during the center’s hours of operation, unless access is prohibited or restricted by court order.

DCF 251.04(4)(c) (c) The center shall offer conferences at least twice each year for parent and staff communication regarding the child’s adjustment to the program and the child’s growth and development.

DCF 251.04 Note Note: When a child care worker or a parent has concerns about a child’s growth or development, a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. 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.

DCF 251.04(4)(d) (d) The center shall notify parents of any religious training that is part of the center’s program. The reference to the religious component shall be included in any publicity and in the education policy.

DCF 251.04(4)(e) (e) The center shall provide a summary of this chapter to the parents of each child upon the child’s enrollment.

DCF 251.04 Note Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.

DCF 251.04(4)(f) (f) A copy of this chapter shall be posted or available in an area of the center where parents are likely to see it.

DCF 251.04(4)(g) (g) A copy of the child care policies of the center shall be made available to the parents in an area of the center accessible to parents. Personnel policies need not be included.

DCF 251.04(6) (6) Children’s records.

DCF 251.04(6)(a) (a) The licensee shall maintain a current written record obtained prior to the child’s first day of attendance or subsequent re-enrollment at the center on each child enrolled and shall make the record available to the licensing representative on request. Each record shall include all of the following:

DCF 251.04(6)(a)1. 1. Enrollment information consisting of:

DCF 251.04(6)(a)1.a. a. The name and birthdate of the child.

DCF 251.04(6)(a)1.b. b. The full names of the child’s parents.

DCF 251.04(6)(a)1.c. c. The child’s home address and telephone number.

DCF 251.04(6)(a)1.d. d. An address and telephone number where a parent can be reached while the child is in care.

DCF 251.04(6)(a)1.e. e. The name, address, telephone number and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.

DCF 251.04(6)(a)1.f. f. The name, address and telephone number of a physician or medical facility caring for the child.

DCF 251.04(6)(a)1.g. g. The names, addresses and telephone numbers of persons other than a parent authorized to call for the child or to accept the child who is dropped off.

DCF 251.04(6)(a)1.h. h. The child’s first day of attendance at the center.

DCF 251.04(6)(a)2. 2. Written consent from the parent for emergency medical care or treatment.

DCF 251.04 Note Note: The licensee may use either the department’s form, Child Care Enrollment, or the licensee’s own form to obtain consent of the child’s parent for emergency medical treatment. 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 251.04(6)(a)4. 4. Authorization from the parent for the child to participate in field trips and other off-premises activities, if these are part of the center’s program.

DCF 251.04 Note Note: The licensee may use either the department’s form, Field Trip or Other Activity Notification/Permission, the department’s form, Child Care Enrollment, or the licensee’s own form for securing parental permission. Forms are available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 251.04(6)(a)5. 5. Authorization from the parent outlining the plan for a child to come to the center from school, home or other activities or to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or transported by the center.

DCF 251.04 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 authorization. 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 251.04(6)(a)6. 6. Health history information that includes all the following:

DCF 251.04(6)(a)6.a. a. The name and birthdate of the child.

DCF 251.04(6)(a)6.b. b. The full names of the child’s parents.

DCF 251.04(6)(a)6.c. c. A telephone number where the parent can be reached while the child is in care.

DCF 251.04(6)(a)6.d. d. The name, address, and telephone number of the physician or medical facility caring for the child.

DCF 251.04(6)(a)6.e. e. The child’s medical conditions, such as asthma, cerebral palsy, diabetes, epilepsy, food allergies, or gastrointestinal or feeding concerns. If the child has a milk allergy, a statement from a medical professional indicating an acceptable alternative.

DCF 251.04(6)(a)6.f. f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the child care worker to watch for, steps a child care worker should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all child care workers who have received specialized training or instructions to help treat symptoms.

DCF 251.04 Note Note: The licensee may use the department’s form, DCF-F-CFS2345, Health History and Emergency Care Plan, or the licensee’s own form for obtaining the information.

DCF 251.04(6)(a)6m. 6m. Documentation that indicates the child’s immunization history is in compliance with s. 252.04, Stats., and ch. DHS 144.

DCF 251.04 Note Note: To record immunization information, use either an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health care provider or the Department of Health Services Form F-44192, Child Care Immunization Record. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 251.04(6)(a)7. 7. Specific informed written consent from the parent for each incident of participation by a child in any research or testing project.

DCF 251.04 Note Note: The licensee may use either the department’s form, Informed Consent for Observation or Testing by an Outside Agency — Child Care Centers, or the licensee’s own form for securing the parent’s written consent. 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 251.04(6)(a)8. 8. Documentation of each child’s most recent physical examination in accordance with the following schedule:

DCF 251.04(6)(a)8.a. a. Each child under 2 years of age shall have an initial health examination not more than 6 months prior to nor more than 3 months after being admitted to the center, and a follow-up examination at least once every 6 months thereafter.

DCF 251.04(6)(a)8.b. b. Each child who is at least 2 years of age but who is not 5 years of age or older shall have an initial health examination not more than one year prior to nor later than 3 months after being admitted to a center, and a follow-up health examination at least once every 2 years thereafter.

DCF 251.04(6)(a)8.c. c. Children 5 years of age and older are not required to have a health exam.

DCF 251.04(6)(a)8.d. d. A health examination report shall be made on an electronic printout from a licensed physician, physician assistant, or other EPSDT provider or on a form provided by the department that is signed and dated by a licensed physician, physician assistant, or other EPSDT provider.

DCF 251.04 Note Note: To document a health examination, use either an electronic printout from a medical professional or the department’s Form DCF-F-CFS0060, Child Health Report — Child Care Centers. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 251.04(6)(b) (b) The licensee shall maintain a current, accurate written record of the daily attendance and date of birth of each child for the length of time the child is enrolled in the program. The actual time of arrival and departure for each child shall be recorded if hours of arrival and departure vary among children.

DCF 251.04 Note Note: The form, Daily Attendance Record — Child Care, may be used to record a child’s daily attendance. 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 251.04(6)(c) (c) If children are transported by the center to or from the child’s home or school, the licensee shall maintain a daily attendance record that includes the actual time the child was picked up or dropped off.

DCF 251.04(7) (7) Confidentiality. The licensee is responsible for the compliance of child care center employees and volunteers with s. 48.78, Stats., and this subsection. The licensee shall ensure that:

DCF 251.04(7)(a) (a) Persons having access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This does not apply to:

DCF 251.04(7)(a)1. 1. The parent or a person authorized in writing by the parent to receive the information.

DCF 251.04(7)(a)2. 2. Any agency assisting in planning for the child when informed written parental consent has been given.

DCF 251.04(7)(a)3. 3. Agencies authorized under s. 48.78, Stats.

DCF 251.04(7)(b) (b) A parent, upon request, has access to all records and reports maintained on his or her child.

DCF 251.04(7)(c) (c) All records required by the department under this chapter for licensing purposes are available to the licensing representative.

DCF 251.04(8) (8) Reporting child abuse or neglect. A licensee, employee or volunteer at a child care center who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in ss. 48.02 (1) and 48.981 (1), Stats., shall immediately contact the county department of social services or human services or a local law enforcement agency, as required by s. 48.981, Stats.

DCF 251.04 Note Note: Child care workers are required to report known or suspected child abuse or neglect as specified above. Reporting to the licensee does not lessen this legal duty if the licensee fails to report as specified above. Information related to child abuse or neglect may be obtained from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.

DCF 251.04 Note Note: See s. DCF 251.04 (3) (j) on reporting suspected abuse of a child by a staff member to the department.

DCF 251.04 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: am. (2) (c), (f), (g), (i) and (m), (3) (a), (f) and (g), (5) (a), (6) (a) and 6., (7) (intro), (8) (a), (b) (intro), and 3., cr. (3) (h) to (L), (6) (a) 6m., r. and recr. (5) (a) 2. and 3. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (d), (3) (j), (4) (a) 1., (5) (a) 2. to 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (2) (f), (h) 2., (i) 5., 6., (k), (L), (3) (intro.), (a), (c), (g), (j), (6) (a) 5. and (b), cr. (2) (h) 2. a., b., c., d., (i) 9., (n), (o), (p), (3) (m), (n), (5) (a) 6., 7., 8. and (6) (a) 8., r. and recr. (5) (a) 5. Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (m), (5) (a) 6. and (6) (a) 8. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (5) (a) 4. Register February 2016 No. 722, eff. 3-1-16; correction in (5) (a) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. am. (2) (d), cr. (2) (bm), r. and recr. (2) (g), am. (2) (h) (intro.), cr. (2) (h) 4. to 12., r. (2) (i), r. and recr. (2) (L), (n), (o), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (j), cr. (3) (jm), am. (3) (m), (n), cr. (3) (o), r. and recr. (4) (a) 1. to 4., am. (4) (d), r. (5), (6) (a) 1. i., 3., am. (6) (a) 4., 6m., r. and recr. (6) (a) 8., (c), am. (8) (title), eff. 1-30-19; CR 19-089: am. (2) (d), cr. (2) (bm), r. and recr. (2) (g), am. (2) (h) (intro.), cr. (2) (h) 4. to 12., r. (2) (i), r. and recr. (2) (L), (n), (o), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (j), cr. (3) (jm), am. (3) (m), (n), cr. (3) (o), r. and recr. (4) (a) 1. to 4., am. (4) (d), r. (5), (6) (a) 1. i., 3., am. (6) (a) 4., 6m., r. and recr. (6) (a) 8., (c), am. (8) (title), Register March 2020 No. 771, eff. 4-1-20; correction in (2) (g) 1. (intro.), (n) 4., (3) (b), (j) made under s. 35.17, Stats., and correction in (4) (a) 2. c. made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; CR 20-003: am. (6) (a) 8. d. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: am. (1) (a), (3) (d), cr. (3) (dm), am. (3) (g), (4) (a) 2. (intro.), cr. (4) (a) 2. d., e., am. (4) (c), r. and recr. (6) (a) 6., renum. (8) (a) to (8), r. (8) (b) Register February 2023 No. 806, eff. 3-1-23.

DCF 251.05 DCF 251.05 Staff.

DCF 251.05(1) (1) Definition. In this section, “the Registry” means a brand of The Registry, Inc., a professional development recognition agency.

DCF 251.05 Note Note: For further information, see https://www.wiregistry.org.

DCF 251.05(2) (2) Staff records.

DCF 251.05(2)(a) (a) The licensee shall maintain a file on each employee or contracted employee. The file shall be available for examination by the licensing representative at the center and shall include all of the following:

DCF 251.05(2)(a)1. 1. The employee’s name, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.

DCF 251.05 Note Note: The licensee may use the department’s form, Staff Record - Child Care Centers, or the licensee’s own form for recording staff information. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 251.05(2)(a)2. 2. Documentation from the department, either paper or electronic, that indicates a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13 and the person is eligible to work in a child care program.

DCF 251.05 Note Note: Information on child care background checks is available at https://dcf.wisconsin.gov/ccbgcheck.

DCF 251.05(2)(a)3. 3.

DCF 251.05(2)(a)3.a. a. A report on a physical examination that was completed not more than 12 months prior to nor more than 30 days after the person was hired. The physical examination report may be a printout of an electronic record from a medical professional or on a form provided by the department. The report shall be signed and dated by a licensed physician, physician’s assistant, or other EPSDT provider. The report shall indicate that the person is free from illnesses detrimental to children, including tuberculosis, and that the person is physically able to work with young children.

DCF 251.05(2)(a)3.b. b. The health examination requirement in subd. 3. a. does not apply to a provider who requests an exemption based on the provider’s adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.