Statement of Scope
Department of
Children and Families
Relating to:
Child care licensing and certification updates
Rule Type:
Permanent
This statement of scope
w
as approved by the governor on September 14, 2015
.
1. Finding/nature of emergency (
for
emergency rule
s
only)
NA
2
.
Detailed description of the objective of the
proposed
rule
The proposed rules will primarily
affect
chapters
DCF 202, Child Care Certification; DCF
250,
Family Child Care Centers; DCF
251,
Group Child Care Centers; and DCF 252, Day camps for children and day care programs established by school boards. The proposed rules will
correct errors, regroup rul
es that address the same topics,
eliminate unnecessary rules
,
and clarify those rules that are unclear.
Current rules that contain similar but not identical language across chapters will be amended to make it consistent across chapters.
The proposed rules will make
minor s
ubstantive changes
, including the following:
•
Ch.
DCF 202
,
250
,
251
, and
252
. All rules affecting certified and licensed child care providers will be amended to prohibit the driver of a child care vehicle from using a cellular phone or other wireless communication device while transporting children, except during an emergency.
•
Ch.
DCF 202
and
250
. Rules affecting c
ertified family child care operators, programs, and licensed family child care centers will be amended to require vehicle liability insurance.
Vehicle liability insurance is required for all drivers under
s.
344.62
, Stats., as created by
2009 Wisconsin Act 28
.
Chapters
DCF 251
and
DCF 252
already require vehicle liability insurance.
•
Ch.
DCF 250
,
251
, and
252
. Rules affecting all licensed child care providers will be amended to provide that all persons driving a chi
ld care vehicle must
complete
a
n
orientation on driving
while transporting children
before driving the child care vehicle and annually thereafter.
•
DCF 202. Rules affecting certified child care operators will be amended to make provisions consistent with rules already
in the child care licensing rules,
including the following:
•
A child’s emergency contact information must be carried in a child care vehicle when children are being transported.
•
Smoking is prohibited in a child care vehicle while children are being transported.
•
Child care operators must have written transportation policies, including procedures to ensure that each child exit the vehicle after being transported and a requirement that the driver wait until the child is in custody of an adult designated by the parent.
•
A driver must be at least 18 years of age and have at least one year of experience as a licensed driver.
•
A driver must have a valid Wisconsin driver’s license.
•
A child care vehicle must be clean, uncluttered, and enclosed. No children may be transported in a truck, except in the cab.
•
Passenger doors shall be locked at all times when a vehicle is moving.
•
The proposed rules will also reorganize and clarify the instructions to certification
agencies on how to administer the certification program.
This will affect current sections on certification, background checks, certification denial, sanctions, and complaints.
•
In addition, the proposed rule will repeal
s.
DCF 202.09
, on
certification for sch
ool-age programs
. There are there fewer than 10 certified school-age programs statewide
.
3. Detailed explanation of statutory authority for the rule
Section
48.67 (intro.)
, Stats.,
provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules
shall
be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
Section
49.155 (1d)
, Stats., provides that the department shall promulgate rules to establish standards for the certification of child care providers under s.
48.651
, Stats.
Section
227.11 (2) (a) (intro.)
, Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
4
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
1
3
0
hours
5
.
List with description of all entities that
may
be affected by the proposed rule
:
Certified family child care
operators and applicants, certified
school age
care programs, certification agencies,
family child care
licensees, group child care licensees
, day camps for children
program licensees
6
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
:
None
7
. Anticipated economic impact of implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses)
:
None or m
inimal economic impact
8.
Contact Person:
