Section 202.04. Certification.

 

(1)   B ASIS FOR CERTIFICATION . In order to be certified, a child care operator shall be exempt from the licensure requirement in s. 48.65 , Stats., and shall comply with the appropriate standards for the type of certified operator that are specified in this chapter.

(2)   T YPES OF CERTIFIED OPERATORS. The following types of child care operators shall be certified as a condition for receiving state or federal child care funds:

(a) Certified family child care operators and in–home operators. Certified family child care and in–home operators are required to meet the standards under s. DCF 202.08 and may care for infant, preschool, or school–age children consistent with Table 202.08 (6).

(b) Certified school-age child care programs. Certified school-age child care programs are required to meet the standards under s. DCF 202.09 .

(3)   A PPLICATION FOR CERTIFICATION.

(a) Form. Application for certification shall be made on a form available from the certification agency in the county or tribal territory where the child care is provided. The applicant shall submit the completed form to that certification agency.

(c) Criminal background. The applicant shall comply with the background information requirements of s. 48.685 , Stats.

(d) Compliance with standards and certification. The certification agency shall process all certification applications as follows:

1. If the application is for certification under sub. (2) (a) , the certification agency shall review the application for compliance with standards under s. DCF 202.08 prior to issuing a certificate.

2. If the application is for certification under sub. (2) (b) , the certification agency shall refer the application to a licensing representative in the department regional office. The licensing representative shall determine whether the applicant is in compliance with all standards under s. DCF 202.09 and report back to the certification agency. The certification agency may issue a certificate based on the licensing representative's report.

(e) Approval. Within 60 days after receiving a completed application for certification or recertification and satisfactory investigation and determination that the applicant is fit, the certification agency shall either approve the application and issue a certificate or deny the application. "Fit" means the applicant displays the capacity to successfully nurture and care for children and includes consideration of any of the following:

1. Abuse of alcohol or drugs.

2. A history of a civil or criminal conviction or administrative rule violation that substantially relates to caring for children as described in ch. DCF 12 .

3. Exercise of unsound judgment.

4. A history of civil or criminal offenses or any other actions that demonstrate an inability to manage the activities of a child care program.

(f) The certification agency may backdate a certificate of approval to the date that the certification agency received the applicant's completed application for certification.

(4)   Certification fee.

(a) A certification agency may charge a fee for family child care certification not to exceed 150 percent of the licensing fee for a family child care center that provides care and supervision for 4 to 8 children, under s. 48.65 (3) (a) , Stats., plus the costs of criminal record checks required under s. 48.685 , Stats.

(b) The certification agency may charge a fee for school-age child care certification not to exceed the licensing fee for a group child care center that provides care and supervision for 9 or more children under s. 48.65 (3) (a) , Stats., plus the costs of criminal record checks required under s. 48.685 , Stats.

(5)   Categories of family certification. Certification of an operator by a certification agency shall be Level I (regular) or Level II (provisional) as follows:

(a) Level I (regular) certification. Level I (regular) certification may be issued only after the child care operator has demonstrated compliance with all certification standards including training. Level I (regular) certification shall be for a period of 2 years and shall be renewed upon application if the operator continues to comply with the certification standards under s. DCF 202.08 .

(b) Level II (provisional) certification. Level II (provisional) certification may be issued only after the child care operator has demonstrated compliance with all certification standards under s. DCF 202.08 , except standards for training under s. DCF 202.08 (1) (b) . Level II (provisional) certification shall be for a period of 2 years and shall be renewed upon application if the operator continues to comply with the certification standards, except standards for training under s. DCF 202.08 (1) (b) .

(6)   C ERTIFICATION AGENCy.

(a) The certification agency responsible for certification of an operator shall be determined by the geographic area in which the child care is provided.

(b) Certification issued to an operator by a certification agency shall be accepted as valid by all other agencies authorized to certify providers.

(c) The certification agency shall ensure that each new day care certification worker completes the department-approved certification training during the first 6 months of employment.

(7)   C OMPLIANCE .

(a) Qualifications of certified child care operators. Certification agencies shall maintain records demonstrating child care operator compliance with s. DCF 202.08 (1) .

(b) Compliance with other standards.

1. `General.' Certification agencies shall help assure operator compliance with s. DCF 202.08 (2) to (12) in accordance with this section.

2. `Required procedures.' A certification agency shall:

a. Require receipt of a signed application from the operator agreeing to follow child care certification standards.

b. Provide a checklist of basic child care certification standards and procedures for filing a complaint to all parents who are using certified family child care or in-home care and who are publicly funded parents.

bm. Require the applicant and any employees, volunteers, and non-client residents 10 years of age or older to submit a background information disclosure form prior to initial certification and every following 2 years.

c. Provide information on child care and the certification system to applicants prior to initial certification. The information shall include materials on sudden infant death syndrome, shaken baby syndrome and impacted babies, child development, positive discipline, health and safety, and nutrition.

d. Conduct an on–site inspection of the premises where child care will be provided, including areas that will not be used for child care, before initial certification, recertification, or within 30 days following a child care operator's move to a new location. The inspection of the premises shall include an inspection of each vehicle that is required to have a child safety alarm under s. DCF 202.08 (9) (f) 1. or 202.09 (12) (h) 1. to determine whether the child safety alarm is in good working order.

e. Check the criminal record history of applicants for certification, employees and prospective employees, volunteers, and non-client residents as specified in s. 48.685 (2) (am) , Stats.

f. Check files on child abuse and neglect findings or pending investigations related to applicants, employees and prospective employees, volunteers, and individuals living in the applicant's home.

g. Limit certification to one child care operator for each family residence.

h. Request a statement from the appropriate regulating agency indicating that the regulating agency approves a child care business in the applicant's home if the applicant has a separate license or certification to care for children or adults, including foster care or adult care. The request shall include a request for permission for the licensed or certified caregiver to release information necessary for a criminal history record search for residents and clients in the applicant's home.

3. `Optional procedures.' A certification agency may:

a. Conduct on–site inspections at any time prior to or after certification is approved to monitor compliance with certification standards, in addition to the required inspection under subd. 2. d.

b. Make certification available to all family child care providers, whether or not public funding is involved.

c. Request that all parents whose children are cared for by a certified family child care operator complete the answers to questions on the checklist and return the checklist provided under subd. 2. b.

d. Require the child care operator to submit references at initial certification and at certification renewal.

e. Require an evaluation and written statement by a physician or licensed mental health professional of any person associated with the care of children or any household resident if the certification agency has reason to believe that the person's physical or mental health may endanger children in care. The certification agency shall document what reason it has to believe that the person's physical or mental health may endanger children in care.

(8)   E XCEPTIONS TO PARTICULAR CERTIFICATION REQUIREMENTS. A certification agency may grant an exception to any standard in s. DCF 202.08 or 202.09 if the certification agency determines that an alternative means meets the intent of the requirement, except for rules related to criminal background investigation required under s. 48.685 , Stats.

(9)   Certification decision after background review. The certification agency shall conduct background reviews in accordance with s. 48.685 , Stats. For guidance in resolving issues that arise in particular cases, the certification agency shall follow ch. DCF 12 , and the crimes table incorporated into ch. DCF 12 , and shall apply the standards that apply to licensed child care facilities.

Cr. Register, August, 1985, No. 356 , eff. 9-1-85; am. (4) (b), Register, November, 1987, No. 383 , eff. 12-1-87; renum. (5) to be (6), cr. (5), 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 55.58, am. (2) (a) and (b), (3) (c), (d) 1. and 2., (5) (a) and (b), (7) (a) and (b) 1., and (8) and cr. (9), Register, July, 1999, No. 523 , eff. 8-1-99; CR 02-007 : am. (3) (b), (5) (a), (b), (7) (b) 2. c., d., and (9), r. (3) (f), cr. (6) (c), (7) (b) 2. h., and 3. d. Register May 2002 No. 557 , eff. 6-1-02; CR 07-071 : am. (1), (2), (5) (title), (a), (b), (7) (a), (b) 1., 2. a. to f., 3. a. to d. and (9), r. (3) (b) and (7) (b) 4., r. and recr. (3) (e) and (7) (b) 2. g., cr. (3) (f), (4) (b), (7) (b) 2. bm. and 3. e., renum. (4) to be (4) (a) and am. Register May 2008 No. 629 , eff. 6-1-08; corrections in (2), (3) (d), (e) 2., (5), (7) (a), (b) 1., (8) and (9) made under s. 13.92 (4) (b) 6. and 7. , Stats., Register November 2008 No. 635 ; 2015 Wis. Act 132 : am. (3) (a), (d), (e) (intro.), (f), (4) (a), (b), (5) (intro.), (6) (a), (b), (c), (7) (a), (b) 1., 2. (intro.), 3. (intro.), e., (8), (9) Register February 2016 No. 722 , eff. 3-1-16; CR 14-028 : am. (7) (b) 2. d. Register July 2016 No. 727 , eff. 8-1-16; corrections in (3) (e) 2. and (9) made under s. 13.92 (4) (b) 7. , Stats., Register September 2016 No. 729 .

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