Section 250.04. Operational requirements.

 

(1)   Terms of license.

(a) The number of children in the care of a family child care center at any time may not exceed the number for which the center is licensed.

(b) The age of children served by a center may not be younger or older than the age range specified in the license issued.

(c) The hours, days and months of a center's operation may not exceed those specified in the license.

(2)   Administration. A licensee shall do all of the following:

(a) Comply with all laws governing the facility and its operation.

(b) Comply with all requirements in this chapter.

(c) Ensure that all information provided to the department is current and accurate.

(d) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.

(e) Develop, submit to the department for compliance review, implement and provide to the parents written policies and procedures related to all of the following:

1. Enrollment and discharge of enrolled children.

2. Fee payment and refunds.

3. Child and provider absences, including a procedure to contact a parent if a child is absent from the center without prior notification from the child's parent.

4. Children's and staff's health care, including those policies and procedures pertaining to SIDS risk reduction, if the center is licensed to care for children under one year of age.

5. Nutrition

6. Daily activities of the children.

7. Child guidance, including appropriate ways to manage crying, fussing or distraught children.

8. Transportation of children for any purpose including field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.

9. Religious instruction or practices, if any.

10. Information related to the numbers, types and location of pets or other animals located on the premises of the center and the type of access the children will have to the pets.

(f) Develop, submit to the department for approval and implement a written orientation plan for any employees, substitutes and emergency back-up providers. The orientation plan shall cover all the items described in s. DCF 250.05 (2) (a) and (b) .

(g) Provide written information to parents on whether a licensee has insurance coverage on the premises and on the child care business. Liability insurance on the child care business is required if cats or dogs are allowed in areas accessible to children during the hours of operation as specified in s. DCF 250.07 (7) (h) .

(h) Post the child care license in a location where parents can see it during the hours of operation.

(i) Post next to the child care license the results of the most recent licensing inspection, including any rule violations cited by the department, any notice of enforcement action, including revocation or denial, and any stipulations, conditions, exceptions or exemptions that affect the license. Items posted shall be visible to parents.

(j) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.

(k) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.

(L) Submit to the department by the department's next business day a completed Background Information Disclosure form and appropriate caregiver background check fees when a person aged 10 and above becomes a household member.

(m) Submit to the department by the department's next business day a completed Background Information Disclosure form for each current household member who turns age 10.

(3)   Reports. The licensee shall report to the department all of the following. If the report is made by telephone, the licensee shall submit a written report to the appropriate regional licensing office within 5 business days of the incident. Fax, e-mail and letter are acceptable ways of filing a written report:

(a) Any death of a child in care, or any incident or accident that occurs while the child is in the care of the center that results in an injury that requires professional medical treatment, within 48 hours of the licensee becoming aware of the medical treatment.

(b) Any damage to the premises that may affect compliance with this chapter, within 24 hours after the occurrence.

(c) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.

(d) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48 , Stats. , in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and be approved by the department licensing representative.

(e) Any known convictions, pending charges or other offenses of the licensee, a provider, household member or other person subject to a caregiver background check which could potentially relate to the care of children at the center or activities of the center by the department's next business day.

(f) Any incident related to a child who leaves the premises of the center without the knowledge of a provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the incident.

(g) Any incident involving law enforcement within 24 hours after the occurrence that:

1. Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.

2. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.

(h) Any change in room usage, such as using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.

(i) Any suspected abuse or neglect of a child by a provider, volunteer or household member that was reported under sub. (8) (a) , or any inappropriate discipline of a child by a provider, volunteer or household member including any incident that results in a child being forcefully shaken or thrown against a hard or soft surface during the child's hours of attendance within 24 hours after the incident.

(j) A change in transportation services at least 5 calendar days prior to the change. A change in transportation services shall be approved by the department.

(k) Statistical data required by the department on forms provided by the department.

(L) Seasonal closings at least 5 calendar days before the closing.

(m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled in the child care center or a person in contact with children at the center within 48 hours.

(4)   Parents.

(a) The center shall permit parents to visit and observe the center's operations at any time during the center's hours of operation unless parental access is prohibited or restricted by court order.

(b) The licensee shall give parents of each enrolled child a summary of this chapter.

(c) The licensee shall notify a parent of a child in care of all of the following circumstances:

1. The child is or has been exposed to a diagnosed or suspected communicable disease reportable under ch. DHS 145 as specified under s. DCF 250.07 (6) .

2. The child becomes ill or is injured seriously enough to require professional medical treatment. Notification shall be made immediately.

3. The child has sustained a minor injury that does not appear to require professional medical treatment. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.

4. The date, time and destination of any field trip as specified in sub. (6) (a) 2.

(5)   Staff records. The licensee shall maintain a file for each provider, employee, or substitute and make the file available for review by the licensing representative. The file shall contain all of the following:

(a) A completed staff record form provided by the department.

(b) A completed background information disclosure form provided by the department that does not reveal any information that may preclude the person's contact with children under s. 48.685 , Stats., or ch. DCF 12 prior to the first day of work and every 4 years thereafter.

(c) The results of the complete caregiver background check including any report of any investigation required under ch. DCF 12 within 60 days after hire and every 4 years thereafter.

(d) Documentation of the actual hours a provider, substitute, employee or volunteer has worked and whose time is used to meet the applicable staff to child ratio under Table DCF 250.05.

(e) Except as provided under par. (f) , a physical examination report on a form provided by the department that was completed within 12 months prior to or 30 days after the person became licensed or began working with children. The report shall be dated and signed by a licensed physician, physician's assistant or HealthCheck provider. The report shall indicate all of the following:

1. That the person is free from illness detrimental to children, including tuberculosis.

2. That the person is physically able to work with young children.

(f) The health examination requirement under par. (e) does not apply to a provider who requests an exemption from par. (e) based on the provider's adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.

(g) Documentation of the entry level training requirements under s. DCF 250.05 (1) (b) .

(h) Documentation of the training required under s. DCF 250.05 (1) (b) 7. in shaken baby syndrome prevention.

(i) For persons who transport children, a copy of the person's driver's license and driving record that is obtained by the licensee under s. DCF 250.08 (3) (b) .

(j) Documentation of the continuing education required under s. DCF 250.05 (1) (b) 4. and 5.

(k) For persons licensed or beginning work with children on or after January 1, 2009, a certificate from The Registry. Substitutes are not required to have a Registry certificate until they have worked for 240 hours.

(6)   Children's records.

(a) The licensee shall maintain a current written record at the center on each child enrolled, including the provider's own children under age 7, and shall make the record available to the licensing representative on request. Each record shall include all of the following:

1. Enrollment information and health history on forms provided by the department. The enrollment information and health history shall be on file prior to the child's first day of attendance.

2. Parental authorization for the child to participate in and be transported for field trips and other activities if these are part of the program.

3. A written agreement, signed by the parent, outlining the plan for a child to come to the center from school, home or other activities and to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or the child is transported by the center.

4. Documentation of each child's immunization history and, except for a school-aged child, the most recent physical examination.

5. Written permission from the parents under s. DCF 250.07 (6) (k) for medical attention to be sought for the child if the child is injured.

6. For an infant or toddler, a current statement from the parent on a form provided by the department about the infant or toddler's habits of eating, sleeping, toileting and communication, and specific techniques that appear to comfort the child.

(b) The licensee shall maintain a current, accurate written record of the daily attendance on a form prescribed by the department that includes the actual time of arrival and departure for each child for the length of time the child is enrolled in the program.

(c) The licensee shall maintain a medical log book with pages that are lined and numbered and a stitched binding. A provider shall record in ink any injuries received by a child, evidence of unusual bruises, contusions, lacerations or burns received by a child in or out of center care or medication dispensed to a child in the medical log and sign or initial each entry. Pages may not be removed or lines skipped.

(7)   Confidentiality.

(a) The licensee is responsible for compliance by the center with s. 48.78 , Stats., and this subsection.

(b) The licensee shall ensure that all of the following occur:

1. Persons having access to children's records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subdivision does not apply to any of the following:

a. The parent or person authorized in writing by the parent to receive the information.

b. Any agency assisting in planning for the child when informed written parental consent has been given.

c. Agencies authorized under s. 48.78 , Stats.

2. A parent, upon request, has access to all records and reports maintained on his or her child.

3. All records required by the department under this chapter for licensing purposes are available to the licensing representative.

(8)   Reporting child abuse.

(a) A licensee or provider who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in ss. 48.02 (1) and 48.981 (1) , Stats., shall immediately contact the county department of social services or human services or local law enforcement agency in compliance with s. 48.981 , Stats.

(b) The licensee shall document that each provider and substitute has received training at least every 2 years in all of the following:

1. Child abuse and neglect laws.

2. How to identify children who have been abused or neglected.

3. The procedure for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

History: CR 03-052 : cr. Register December 2004 No. 588 , eff. 3-1-05; corrections in (2) (f), (g), (5) (b), (c), (d), (g) and (6) (a) 5. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 07-102 : am. (2) (e) 3., 7., 8., (g), (h), (i), (3) (intro.), (a), (e), (i), (j), (5) (intro.), (d), (g), (6) (a) (intro.), 3. and (b), cr. (2) (L), (m), (3) (L), (m), (4) (c), (5) (h), (i), (j) and (k) Register December 2008 No. 636 , eff. 1-1-09; corrections in (3) (m), (4) (c) 1., (5) (d), (h), (i) and (j) made under s. 13.92 (4) (b) 7. , Stats., Register December 2008 No. 636 ; 2015 Wis. Act 132 : am. (2) (g), (6) (a) 1. Register February 2016 No. 722 , eff. 3-1-16; corrections in (5) (b), (c) made under s. 13.92 (4) (b) 7. , Stats., Register September 2016 No. 729 .

Note

The Department will provide an application after a Department representative completes the provision of pre-licensing technical assistance. Microsoft Windows NT 6.1.7601 Service Pack 1 Under the state public accommodation law, s. 106.04 , Stats., federal law and regulations related to use of federal funding, and some local anti-discrimination ordinances, denying admission on the basis of race, handicap, religion or certain other characteristics may be illegal. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 250.05 (2) (a) and (b) regarding providing an orientation to employees, substitutes and emergency back-up providers. Microsoft Windows NT 6.1.7601 Service Pack 1 The information provided could be included as a rider on a homeowner policy or a separate insurance policy on the child care business. A certificate of insurance or other documentation from an insurance company that indicates the number of children covered, dates of coverage and types of pets covered is acceptable. Microsoft Windows NT 6.1.7601 Service Pack 1 For more information about caregiver background checks refer to the administrative rule under ch. DCF 12 . Information on how to obtain a copy of the Background information Disclosure form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee may use either the department's form, Accident Report — Child Care Centers, available from any regional licensing office in Appendix A, the department's web site, http://dcf.wisconsin.gov or the licensee's own form to report incidents, accidents and deaths. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 250.11 (6) (a) for items that affect a condition of the license. Microsoft Windows NT 6.1.7601 Service Pack 1 It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensing representative will notify the licensee whether a plan of correction will be required and will provide the plan of correction format with the notification. Microsoft Windows NT 6.1.7601 Service Pack 1 See also s. DCF 250.07 (2) for information on guiding children's behavior and sub. (6) (c) regarding recording injuries in a center medical log. Microsoft Windows NT 6.1.7601 Service Pack 1 The Department periodically requests statistical data from licensees. An example of the type of data collected relates to the immunization status of children in care. When the Department requests statistical data, the Department will supply the appropriate form. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 250.07 (6) (e) 1. for other requirements relating to communicable disease reporting. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of a summary of this chapter may be obtained from the Child Care Information Center by calling 1-800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 The Wisconsin Division of Public Health has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. The materials include a communicable disease chart and exclusion guidelines for child care centers. Copies of the communicable disease chart or the exclusion guidelines for child care centers are available from the Child Care Information Center 800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Staff Record — Child Care Centers, is used for recording staff information. Information on how to obtain the form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Background Information Disclosure, is used for reporting employee background information. Information on how to obtain the form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 If the licensee is a provider, the department is responsible for collecting the completed Background Information Disclosure form and conducting the necessary caregiver background check on the licensee. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Staff Health Report — Child Care Centers, is used for recording physical examination information. Information on how to obtain the form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's forms, Child Care Enrollment and the Health History and Emergency Care Plan, are used for recording enrollment and health history information. Information on how to obtain department forms is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. See s. DCF 250.07 (6) (L) 5. for information on sharing information related to a child's special health care needs. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Child Care Enrollment, includes a blanket authorization to take children on field trips. The department's form, Field Trip or Other Activity Notification, or another type of notification such as a note to a parent may be used to provide specific information about a field trip. Information on how to obtain department forms is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee may use either the department's form, Alternate Arrival/Release Agreement — Child Care, or the licensee's own form for securing the parent's signed agreement. Information on how to obtain the form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 See DCF 250.07 (6) (L) 1. and 2. for information on frequency of health exams. The department's form, Child Health Report — Child Care Centers, is used to document a child's health exam. Information on how to obtain the department form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Intake for Child Under 2 Years, is used for recording the infant's or toddler's habits. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Daily Attendance Record — Child Care, is used for recording a child's daily attendance. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 Licensees may obtain information about maintaining a medical log book by contacting the Child Care Information Center at phone number 800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 See sub. (8) of this section for requirements related to reporting suspected child abuse or neglect, and s. DCF 250.07 (6) (b) 2. for information on recording in the medical log book. Microsoft Windows NT 6.1.7601 Service Pack 1 Failure of the licensee to report known or suspected child abuse or neglect does not lessen the legal duty of a child care employee to report known or suspected cases of child abuse or neglect. Information related to child abuse may be obtained from the Child Care Information Center by calling 1-800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 See sub. (6) (c) of this section for information about logging evidence of unusual bruises, contusions, lacerations or burns received by a child in or out of center care in the center medical log book. Microsoft Windows NT 6.1.7601 Service Pack 1