Section 250.03. Definitions.

  In this chapter:

(1)  "Care" means providing for the safety and the developmental needs of a child in a family child care center.

(2)  "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 assume a child caregiving role or have regular contact with children at the center.

(3)  "Center-provided transportation" means transportation in a vehicle owned by or contracted for the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.

(4)  "Complaint" means an allegation of violation of this chapter or ch. 48 , Stats.

(4m)  "Crib" means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.

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

(6)  "Emergency" means situations 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, illness or other circumstance requiring immediate attention.

(7)  "Emergency back-up provider" means a designated adult available within 5 minutes of the premises who can provide assistance in the event an emergency occurs that requires a provider to leave the premises occasionally for a short period of time.

(8)  "Employee" means any adult who is compensated to provide care and supervision of children enrolled in a family child care center, including a helper or assistant to a child care provider.

(9)  "Family child care center" or "center" means a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider.

(10)  "Field trip" means any experience a child has away from the premises of the center while in the care of center staff, whether a child walks or is transported.

(11)  "Fit and qualified" means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

(a) Abuse of alcohol or drugs.

(b) 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 .

(c) Exercise of unsound judgment.

(d) A history of civil or criminal offenses or any other action that demonstrates an inability to manage the activities of a center.

(12)  "Foster care" means care and maintenance provided to a child in a foster home pursuant to a court order or voluntary placement agreement.

(13)  "Foster home" means any facility operated by a person licensed under s. 48.62 (1) , Stats.

(13m)  "Hazard" means a potential source of harm that can jeopardize the health, safety or well-being of a child in care.

(14)  "HealthCheck provider" means a provider of health assessment and evaluation services eligible to be certified under s. DHS 105.37 (1) (a) .

(14m)  "Household member" means any person who resides, or is expected to reside, at the family child care center and who has or may have direct contact with a child in the care of the center, whether or not related to the licensee.

(15)  "Inclement weather" means stormy or severe weather such as 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.

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

(17)  "In care" means enrolled in the center, with the center providing supervision, either on or off the premises, for the safety and the developmental needs of the child or children.

(18)  "Licensee" means the individual, corporation, partnership, limited liability company, non-incorporated association or cooperative that has the legal and fiscal responsibility for the operation of a center and for meeting the requirements of this chapter.

(19)  "Licensing representative" means a department employee responsible for licensing family child care centers.

(20)  "Mildly ill" means a child who has a common, temporary illness that is non-progressive in nature and is not listed on the communicable disease chart in appendix A of ch. DHS 145 .

(21)  "Night care" means any care that is offered by a licensed family child care center between 9:00 PM and 5:00 AM.

(22)  "Parent" means either "parent" as defined in s. 48.02 (13) , Stats., or "guardian" as defined in s. 48.02 (8) , Stats.

(23)  "Physical restraint" means the use of physical force to restrict the free movement of all or a portion of a child's body.

(24)  "Physician" has the meaning given in s. 448.01 (5) , Stats.

(25)  "Physician assistant" has the meaning given in s. 448.01 (6) , Stats.

(26)  "Premises'' means the tract of land on which the center is located, including all buildings and structures on that land.

(27)  "Provider" means an adult who has met the requirements specified in s. DCF 250.05 (1) in a family child care center and who provides care and supervision of the children in the care of the center.

(28)  "Provider's own children" means a provider's natural or adopted children, foster children, stepchildren, or other children who reside in the family child care center.

(29)  "Representative of the department" means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.

(30)  "School-age child" means a child 5 years of age or older who is enrolled in a public or private school.

(30m)  "Shaken baby syndrome" or "SBS" means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.

(31)  "Sleeping bag" means a padded fabric bag that is closed or capable of being closed on 3 sides.

(32)  "Substitute" means a provider who replaces another provider on a pre-arranged basis.

(33)  "Sudden infant death syndrome" or "SIDS" 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.

(34)  "Supervision" means guidance of the behavior and activities of children while awake and asleep for their health, safety and well-being by a provider who is within sight or sound of the children except as specified in ss. DCF 250.05 (3) (j) and (m) and 250.07 (7) (e) .

(35)  "Toddler" means a child at least one year of age but less than 2 years of age.

(36)  "Universal precautions" means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service's centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030 .

(37)  "Volunteer" means a person who is not paid, but who agrees to give time, with or without reimbursement for expenses, to transport children attending a family child care center or to work in a family child care center.

(38)  "Wading pool" means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water and used primarily for small children.

History: CR 03-052 : cr. Register December 2004 No. 588 , eff. 3-1-05; corrections in (2), (5), (11) (b), (14), (20) and (34) made under s. 13.92 (4) (b) 6. and 7. , Stats., Register November 2008 No. 635 ; CR 07-102 : cr. (4m), (11) (d), (13m), (14m) and (30m), am. (10), (11) (intro.), (15) (b) to (d), (18), (27), (28), (34) and (37) Register December 2008 No. 636 , eff. 1-1-09; corrections in (27) and (34) made under s. 13.92 (4) (b) 7. , Stats., Register December 2008 No. 636 ; CR 10-148 : am. (13) Register August 2011 No. 668 , eff. 9-1-11; correction in (2), (11) (b) made under s. 13.92 (4) (b) 7. , Stats., Register September 2016 No. 729 .

Note

"Standard precautions" for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA web site at http://www.osha.gov . Information is also available from the Child Care Information Center, 1-800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1