Section 202.02. Definitions.

  In this chapter:

(1m)  "Caregiver background check" means the retrieval of information about an individual's past criminal conduct pursuant to s. 48.685 , Stats., and ch. DCF 12 that may bear on the suitability of that individual to provide child care or have regular contact with children in care.

(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.

(2)  "Certified child care home" or "home" means the residence in which the certified child care operator provides care of children and which meets the standards under s. DCF 202.08 for reimbursement of care by certification agencies.

(3)  "Certified child care operator" or "operator" means an individual, corporation, partnership, limited liability corporation, non–incorporated association, or cooperative that has legal and financial responsibility for the operation of a child care program and for meeting the requirements under this chapter.

(3b)  "Certified family child care operator" means a certified child care operator who provides care in a private residential property.

(3e)  "Certified in-home child care operator" means a certified child care operator who provides care in the child's home.

(3f)  "Certified school-age child care program" means a program providing care and supervision in other than an operator's home for fewer than 24 hours a day for 7 or more school–age children and which is exempt from being licensed as a child care center under s. 48.65 (1) , Stats.

(3h)  "Child care certification worker" means a person employed by an agency whose duties include determination of eligibility for child care certification.

(3k)  "Child care provider" or "provider" means a certified child care operator or an employee or volunteer of the child care operator who provides care and supervision for infant, preschool, or school–age children on behalf of the operator.

(3m)  "Complaint" means an alleged violation of s. DCF 202.08 or 202.09 .

(5)  "Department" means the Wisconsin department of children and families.

(5g)  "Emergency" means unforeseen circumstances that call for immediate action, such as fire; tornado; flood; extreme outdoor heat or cold; loss of building service, including no heat, water, electricity or telephone; threats to the building or its occupants; lost or missing children; or a provider family situation, such as a medical emergency or illness.

(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.

(6)  "Family child care center" means a child care center licensed under s. 48.65 , Stats., and ch. DCF 250 .

(8)  "Group child care center" means a child care center licensed under s. 48.65 , Stats., and ch. DCF 251 .

(8m)  "Hazard" means a source of danger that could jeopardize the health, safety or well-being of children in care.

(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.

(9c)  "Impacted baby" means an infant or young child w ho suffers death or great bodily harm as a result of being thrown against a surface, hard or soft.

(9g)  "In care" means a child care provider is responsible for supervision of a child or children.

(9r)  "Inclement weather" means stormy or severe weather, including any of the following:

(a) Heavy rain.

(b) Temperatures above 90 degrees Fahrenheit.

(c) Wind chills of 0 degrees Fahrenheit or below for children age 2 and above.

(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.

(10)  "Infant" means a child under one year of age.

(11)  "In-home provider" means a person caring for a child in the child's own home.

(12)  "Licensed physician" means a physician licensed under ch. 448 , Stats.

(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.

(13)  "Parent" has the meaning given in s. 49.155 (1) (c) , Stats.

(14)  "Physician assistant" means a health care professional certified under s. 448.04 (1) (f) , Stats., and ch. Med 8 .

(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.

(16)  "Publicly funded parent" means a parent whose child care expenses are subsidized directly with state or federal funds.

(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.

(19)  "School-age child" means a child 7 years of age or older who is enrolled in a public school or a parochial or other private school.

(20c)  "Shaken baby syndrome" 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.

(20g)  "Substitute" means a provider who replaces the certified child care operator or staff in a school age program on a pre-arranged or planned basis.

(20n)  "Sudden infant death syndrome" 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.

(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 (5) (j) .

(20w)  "Suspension" means a temporary interruption in the regulatory approval during which the certified child care operator may not be paid by the child care subsidy program.

(21)  "Tribe" means an American Indian tribe recognized by the federal government.

(22)  "Volunteer" means a person who agrees to give time, with or without compensation, to transport or to work with children in care.

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 .

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." Microsoft Windows NT 6.1.7601 Service Pack 1