Section 250.05. Staffing.

 

(1)   Responsibilities and qualifications of staff.

(a) Minimum age and competence. A family child care provider shall be physically, mentally and emotionally able to provide responsible care to all children, including children with disabilities, and shall be at least 18 years of age.

(b) Training.

1.

a. A provider shall have satisfactorily completed 3 credits of broad-based early childhood training or a non-credit course in caring for children approved by the department before receiving a license or working with children.

b. A person licensed or beginning to work with children after January 1, 2009, shall have satisfactorily completed a non-credit course in operating a child care business approved by the department or its equivalent before becoming licensed or working with children.

2. If more than one provider is required to meet the staff-to-child ratios, each additional provider shall meet the training requirements as specified under this paragraph.

3. A substitute or volunteer used to meet staff-to-child ratios need not meet the training requirements specified in this section until the substitute or volunteer has worked in the center for 240 hours, except that the substitute or volunteer used to meet staff-to-child ratios shall complete department-approved training in shaken baby syndrome prevention before providing care and supervision to children under age 5.

4. A provider shall receive and document having received 15 hours of continuing education each year in child growth and development, early childhood education, caring for children with disabilities, or first aid as approved by the department. This training may include attendance at training events, workshops, conferences, consultation with community resource people or observation of child care programs. Up to 5 hours of independent reading or watching educational materials may be used to meet continuing education requirements.

5. A provider shall obtain within 6 months of licensure or date of hire and maintain a current certificate of completion for a department-approved course in infant and child cardiopulmonary resuscitation including training in the use of an automated external defibrillator. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours.

6. Within 6 months of becoming licensed or working in a center licensed to care for children under age 2, a provider shall have completed at least 10 hours of department-approved training in the care of infants and toddlers.

7. Before becoming licensed or providing care and supervision to children under age 5, a provider, substitute, volunteer, emergency back-up or any other person providing care and supervision to children in a family child care center shall have completed department-approved training in shaken baby syndrome prevention unless the person has documentation of completion of one of the non-credit, department-approved, entry-level courses that contain the required materials taken after July 1, 2005.

(c) Volunteers. No person may offer child care training as specified in this section unless the person and the course have been approved by the department.

(2)   Staff development.

(a) Orientation of employees, volunteers and substitutes. Each employee, volunteer, or substitute shall receive an orientation before beginning work. The orientation shall be documented on a form provided by the department and kept in the employee file. The orientation shall cover all of the following:

1. Names and ages of all the children in care.

2. Current arrival and departure information for each child enrolled including the names of people authorized to pick up the child.

3. A review of children's records including emergency contact information.

4. Specific information relating to children's special health care needs including medications, disabilities or special health conditions.

5. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.

6. An overview of the daily schedule including meals, snacks, nap and any information related to the eating and sleep schedules of infants and toddlers enrolled in the center.

7. A review of the center's procedures for dealing with emergencies.

8. The procedure for reporting suspected abuse and neglect of a child.

9. The plan for evacuating sleeping children, if the center is licensed to care for children between the hours of 9 PM and 5 AM.

10. The procedure to contact a parent if a child is absent from the center without prior notification of the absence from the parent.

11. Review of center policies required under s. DCF 250.04 (2) (e) .

12. Review of this chapter.

13. Review of s. DHS 12.07 (1) which requires a provider to notify the licensee as soon as possible but no later than the provider's next working day when any of the following occurs:

a. The provider has been convicted of a crime.

b. The provider has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client's property.

c. The provider has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client's property.

d. A professional license held by a provider has been denied, revoked, restricted or otherwise limited.

(b) Orientation of emergency back-up providers. Each time an emergency situation occurs, each emergency back-up provider shall receive an orientation immediately before being left alone with the children. The orientation shall cover all of the following:

1. Names and ages of all the children in care.

2. Arrival and departure information for each child in care including the names of people authorized to pick up the child.

3. Location of children's files including emergency contact information, consent for emergency medical treatment and any special health care needs.

4. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.

(3)   Supervision.

(a)

1. A provider may not be engaged in any other activity or occupation during the hours of operation of the center, except for daily maintenance of the home.

2. The licensee may not combine the care of children enrolled in the child care center with foster care of other non-related children or adults without the prior written approval of both licensing agencies.

(b) A provider shall be awake whenever children are in care.

(c) No individual provider may take care of children for more than 12 hours in any 24-hour period.

(d) No child may be in care for more than 12 hours in any 24-hour period.

(e) Except when a substitute is providing care, at least one provider who has completed the training required under s. DCF 250.05 (1) (b) 1. shall supervise children at all times. Substitutes shall have completed the training in shaken baby syndrome prevention required under s. DCF 250.05 (1) (b) 7. before working as a substitute.

(f) No person under 18 years of age may be left in sole charge of the children.

(g) The center shall have a plan approved by the department for ensuring supervision of the children in an emergency or during a provider's absence.

(h) A provider and any other adult in contact with children may not consume beverages containing alcohol or any non-prescribed controlled substance specified in ch. 961 , Stats. , or be under the influence of any alcohol or a non-prescribed controlled substance, during the hours of the center's operation.

(i) Each child shall be closely supervised by a provider to guide the child's behavior and activities, prevent harm and assure safety.

(j) A provider shall be outside with children and provide sight and sound supervision of the children unless the children are playing inside the enclosed outdoor area on the premises, as specified under s. DCF 250.06 (11) (b) .

(k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.

(L) The licensee shall implement a procedure to ensure that the number, names and whereabouts of children in care are known to the provider at all times.

(m) A provider shall be outside with children providing sight and sound supervision of the children when a wading pool with water in it is present in the outdoor play space specified in s. DCF 250.06 (11) (b) .

(4)   Staffing and grouping.

(a) At no time may more than 8 children be in the care of the center. This total includes:

1. All children under 7 years of age, including a provider's own children.

2. All children 7 years of age or older who are not a provider's own children.

(b) The maximum number of children that one provider may care for is specified in Table 250.05.

(c) If the size of the group or the age distribution of the children exceeds the number that may be served by one provider, an additional qualified provider shall be present.

(d) Each provider may care for no more than 2 children under age 2 when care is provided on a level that is more than 6 feet above or below the ground level. A center may care for 3 or 4 children under age 2 when care is provided on a level that is more than 6 feet above or below the ground level only if there is more than one qualified provider.

History: CR 03-052 : cr. Register December 2004 No. 588 , eff. 3-1-05; corrections in (1) (b) 2., (c), (3) (j) and (4) (b) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 07-102 : am. (1) (a), (1) (b) 3., 4., 5., (2) (a) 3., (b) 3. and Table, renum. (1) (b) 1. to be (1) (b) 1. a. and am., cr. (1) (b) 1. b., 6., 7., (2) (a) 10., 11., 12., 13., (3) (L), (m) and (4) (d), r. and recr. (1) (b) 2., (c) and (3) (e) Register December 2008 No. 636 , eff. 1-1-09; corrections in (2) (a) 11., 13., (3) (e), (m) and Table made under s. 13.92 (4) (b) 7. , Stats., Register December 2008 No. 636 .

Note

The non-credit course called Introduction To The Child Care Profession is the non-credit course in caring for children that has been approved by the department. Acceptable broad-based early childhood education courses taken for credit include child development, child psychology or introduction to early childhood education. Information on agencies offering department-approved courses is available on the department's website at http://dcf.wisconsin.gov . Microsoft Windows NT 6.1.7601 Service Pack 1 The non-credit course entitled Fundamentals of Family Child Care is the non-credit course in operating a child care business that has been approved by the department. Information on agencies offering the department-approved course is available on the department's website at http://dcf.wisconsin.gov . Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee may use either the department's form, Staff Continuing Education Record-Child Care Centers, or the licensee's own form to document the completion of continuing education. 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 Introduction to the Child Care Profession and Fundamentals of Infant and Toddler Care are the names of the non-credit, department-approved, entry-level courses that contain the required shaken baby syndrome prevention materials. Information on agencies offering the department-approved courses is available on the department's website at http://dcf.wisconsin.gov . Microsoft Windows NT 6.1.7601 Service Pack 1 Information on the approval process for non-credit courses is available on the department's website, http://dcf.wisconsin.gov . Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 250.04 (2) (f) relating to a written plan for orientation. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Staff Orientation Checklist — Family Child Care Centers, is used to document completion of employee orientation. 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 s. DCF 250.04 (2) (f) relating to a written plan for orientation. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, if there are 3 children under age 2 present at one time and 5 children between the ages of 2 years and 6 years present, a second provider is required. At no time may the maximum number of children in care exceed 8. Microsoft Windows NT 6.1.7601 Service Pack 1 Section DCF 250.06 (4) (e) requires an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level. - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1