Ch. DCF 202 NoteNote: Sections HFS 55.55 to 55.62 were renumbered to ss. DWD 55.01 to 55.09, Register, July, 1999, No. 523, eff. 8-1-99. Chapter DWD 55 was renumbered to chapter DCF 202 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

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 HistoryHistory: 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(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 NoteNote: Form DCF-F-5296, Background Check Request, is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

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(3g)(3g) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.