Section 251.04. Operational requirements.

 

(1)   Terms of a license.

(a) The number of children at a group child care center at any one 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.

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

(2)   Administration. A group child care center licensee shall do all of the following:

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

(b) Comply with all requirements of this chapter.

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

(d) If residing in another state, designate in writing, as part of the application under s. DCF 251.12 (2) , a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.

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

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

(g) Submit to the department a certificate of insurance reflecting

1. current dates of coverage for all of the following:

a. General liability insurance which provides coverage with limits of not less than $25,000 for each person and total limits of $75,000 for each occurrence.

b. Vehicle liability insurance, when transportation is provided by the center, with minimums no less than those specified in s. 121.53 , Stats.

c. Non-owned vehicle liability insurance when transportation is provided in vehicles not owned by the center, excluding public transportation vehicles and chartered vehicles, with minimums no less than those specified in s. 121.53 , Stats.

2. An indication that pets are included in the liability coverage if cats or dogs are permitted in areas of the center accessible to children during the hours of operation.

(h) Develop, submit to the department for review and implement written policies on the following subjects:

1. Fee payments and refunds.

2. Personnel, including job descriptions, hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next business day when any of the following occurs:

a. The employee has been convicted of a crime.

b. The employee 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 employee 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. When a professional license held by an employee has been denied, revoked, restricted or otherwise limited.

3. Discharge of enrolled children.

(i) Develop, submit to the department for approval and implement as approved written policies and plans, consistent with the requirements of this chapter, on the following subjects:

1. Admission.

2. Health care. If the center is licensed to care for children under one year of age, Sudden Infant Death Syndrome risk reduction procedures shall be included.

3. Education.

4. Nutrition.

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

6. Contingency plans to be followed in the event of a fire, tornado, missing child or other emergency.

7. Continuing education of staff.

8. Orientation of new staff and volunteers.

9. Transportation, if the center will transport children either on field trips or on a regular schedule. The policy shall include a procedure to ensure that no child is left unattended in a vehicle.

(j) Ensure that all published statements such as brochures and publicity releases are accurate.

(k) Post the child care license near the entrance or in some other conspicuous area of the center that is visible to the public.

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

(m) 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.

(n) Submit to the department by the department's next business day a completed Background Information Disclosure form and appropriate caregiver background check fees when there is a change in the board chairperson or a person aged 10 and above becomes a household member.

(o) 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.

(p) Submit a current delegation of administrative authority signed by the licensee that outlines the organizational structure and designates, in a chain of command form, those persons on the premises in charge of the center for all hours of operation.

(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 the care of the center 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 which may affect compliance with this chapter, within 24 hours after the occurrence.

(c) A change in the administrator or center director of a child care center, within 30 days after the change.

(d) A change of any program service, at least 5 days prior to the change.

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

(f) 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.

(g) Any known convictions, pending charges or other offenses of the licensee, child care center employees 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.

(h) Any change in room usage, such as changing the way rooms are primarily used by children or 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 incident related to a child who leaves the premises of the center without the knowledge of the 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 occurrence.

(j) Any suspected abuse or neglect of a child by an employee or volunteer that was reported under s. DCF 251.04 (8) (a) or any inappropriate discipline of a child by an employee or volunteer including any incident that results in a child being forcefully shaken or thrown against a surface, hard or soft, during the child's hours of attendance within 24 hours after the occurrence.

(k) 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.

(L) 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.

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

(n) Any change in meal preparation arrangements or transportation services at least 5 calendar days before the change. Centers adding meal preparation after an initial license has been issued shall document compliance with building codes related to kitchens before beginning to prepare meals on the premises.

(4)   Parents.

(a) The center administrator shall notify the parents of an enrolled child of all of the following:

1. When their child has been exposed to a diagnosed or suspected communicable disease reportable under ch. DHS 145 and transmitted through normal contact.

2. Immediately, if the child becomes ill or is injured seriously enough to require professional medical treatment.

3. When they pick up the child or when the child is delivered, if the child sustains a minor injury.

4. Of the date, time and destination of any field trip which requires the use of a vehicle.

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

(c) The center shall make opportunities available at least twice each year for parent and staff communication regarding the child's adjustment to the program, and the child's growth and development.

(d) If religious training is part of the center program, reference to the religious component shall be included in any publicity and in the education policy. This information shall be shared with parents.

(e) The center shall provide a summary of this chapter to the parents of each child upon the child's enrollment.

(f) A copy of this chapter shall be posted or available in an area of the center where parents are likely to see it.

(g) A copy of the child care policies of the center shall be made available to the parents in an area of the center accessible to parents. Personnel policies need not be included.

(5)   Staff records.

(a) The licensee shall maintain a file on each employee which is available for examination by the licensing representative at the center. An employee's file shall include all of the following:

1. The employee's name, address, date of birth, education, position, previous work experience in child care including reason for leaving previous positions, and the name, address and telephone numbers of persons to be notified in an emergency.

2. A background information disclosure form, completed prior to the employee's first day of employment and every 4 years thereafter, that does not reveal any information which may preclude the person's employment under s. 48.685 , Stats., or ch. DCF 12 .

3. A complete caregiver background check as specified in s. 48.685 , Stats., and ch. DCF 12 including the results of any subsequent investigation related to information obtained as part of the background check within 60 days of employment and every 4 years thereafter.

4. The physical examination report required under s. DCF 251.05 (1) (L) 1.

5. A certificate from The Registry documenting that the person has met the educational qualifications for the position if the person has worked as a teacher, director or administrator at the center for at least 3 months. A copy of an educator's license issued by the department of public instruction as a teacher may substitute for a certificate from The Registry. For persons not required to have a Registry certificate including assistant teachers and a teacher, center director or administrator who has not worked for the center for more than 3 months, documentation of the person's educational qualifications shall be on file.

6. Documentation of orientation and continuing education received under s. DCF 251.05 (2) .

7. Documentation of training in shaken baby syndrome prevention taken before beginning work if the person will provide care and supervision to children under age 5.

8. Documentation of days and hours worked when the person was included in the staff-to-child ratio.

(b) Adults who work at the center and who are compensated from sources other than the center, and student teachers, shall meet the staff record requirements specified in par. (a) 1. , 2. and 3.

(6)   Children's records.

(a) The licensee shall maintain a current written record obtained prior to the child's first day of attendance or subsequent re-enrollment at the center on each child enrolled and shall make the record available to the licensing representative on request. Each record shall include all of the following:

1. Enrollment information consisting of:

a. The name and birthdate of the child.

b. The full names of the child's parents.

c. The child's home address and telephone number.

d. An address and telephone number where a parent can be reached while the child is in care.

e. The name, address, telephone number and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.

f. The name, address and telephone number of a physician or medical facility caring for the child.

g. The names, addresses and telephone numbers of persons other than a parent authorized to call for the child or to accept the child who is dropped off.

h. The child's first day of attendance at the center.

i. For an infant or toddler, a current statement from the parent about the infant or toddler's habits of eating, sleeping, toileting and communication, and specific techniques which appear to comfort the child.

2. Written consent from the parent for emergency medical care or treatment.

3. Authorization from the parent to transport the child to and from the center, when transportation is provided.

4. Authorization from the parent for the child to participate in and be transported for field trips and other activities, if these are part of the center's program.

5. Authorization from the parent outlining the plan for a child to come to the center from school, home or other activities or to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or transported by the center.

6. Documentation of each child's health history on a form provided by the department.

6m. Documentation of each child's immunization history.

7. Specific informed written consent from the parent for each incident of participation by a child in any research or testing project.

8. The health examination report required under s. DCF 251.07 (6) (k) 3.

(b) The licensee shall maintain a current, accurate written record of the daily attendance and date of birth of each child for the length of time the child is enrolled in the program. The actual time of arrival and departure for each child shall be recorded if hours of arrival and departure vary among children.

(c) The licensee shall maintain a log or logs for medication and injury and shall record daily any injuries received by a child or medication dispensed to a child, as follows:

1. The log shall be in a book with stitched binding with pages that are lined and numbered. The pages may not be removed or lines skipped.

2. Entries shall be made in ink on the date of occurrence and shall be dated and signed or initialed by the person making the entry.

(7)   Confidentiality. The licensee is responsible for the compliance of child care center employees and volunteers with s. 48.78 , Stats., and this subsection. The licensee shall ensure that:

(a) 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 does not apply to:

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

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

3. Agencies authorized under s. 48.78 , Stats.

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

(c) 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, employee or volunteer at a child care center 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 a local law enforcement agency, as required by s. 48.981 , Stats.

(b) The licensee, shall ensure that every employee and volunteer who comes in contact with the children at the child care center has received training every 2 years in all of the following:

1. Child abuse and neglect law.

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

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

Cr. Register, January, 1997, No. 493 , eff. 8-1-97; CR 03-052 : am. (2) (c), (f), (g), (i) and (m), (3) (a), (f) and (g), (5) (a), (6) (a) and 6., (7) (intro), (8) (a), (b) (intro), and 3., cr. (3) (h) to (L), (6) (a) 6m., r. and recr. (5) (a) 2. and 3. Register December 2004 No. 588 , eff. 3-1-05; corrections in (2) (d), (3) (j), (4) (a) 1., (5) (a) 2. to 5. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 07-102 : am. (1) (a), (2) (f), (h) 2., (i) 5., 6., (k), (L), (3) (intro.), (a), (c), (g), (j), (6) (a) 5. and (b), cr. (2) (h) 2. a., b., c., d., (i) 9., (n), (o), (p), (3) (m), (n), (5) (a) 6., 7., 8. and (6) (a) 8., r. and recr. (5) (a) 5. Register December 2008 No. 636 , eff. 1-1-09; corrections in (3) (m), (5) (a) 6. and (6) (a) 8. made under s. 13.92 (4) (b) 7. , Stats., Register December 2008 No. 636 ; 2015 Wis. Act 132 : am. (5) (a) 4. Register February 2016 No. 722 , eff. 3-1-16; correction in (5) (a) 2., 3. made under s. 13.92 (4) (b) 7. , Stats., Register September 2016 No. 729 .

Note

Under the state public accommodation law, s. 106.52 (3) , Stats., as well as federal statutes 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 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, or the licensee's own form to report incidents, accidents or deaths. 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 licensing representative will notify the licensee if a plan of correction is required and provide the plan of correction format with the notification. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 251.04 (8) on reporting suspected child abuse, s. DCF 251.04 (6) (c) on maintaining a center medical log book and s. DCF 251.07 (6) (a) 2. on logging injuries in a center medical log. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 251.11 (5) (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 When a child care worker or a parent has concerns about a child's growth or development, a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. Wisconsin has an information and referral service for persons with questions or concerns about a child's development called First Step that is available to the public 24 hours a day, 7 days a week. When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. 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, 2109 S. Stoughton Rd., Madison, WI 53716, 1-800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee may use the department's form, Staff Record — Child Care Centers, or the licensee's own form for recording staff information. 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, Background Information Disclosure, is used for reporting 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 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. The licensee may use either the Department's form, Staff Orientation Checklist — Group Child Care Centers, or the licensee's own form to document completion of staff orientation. Information on how to obtain Department's 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 See s. DCF 251.09 (1) (am) which specifies what written information must be obtained from the parent of an infant or toddler. The licensee may use either the department's form, Intake for Child under 2 Years — Child Care Centers, or the licensee's own form for recording information about each child under 2 years of age. 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 licensee may use either the department's form, Child Care Enrollment, or the licensee's own form to obtain consent of the child's parent for emergency medical treatment. 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 licensee may use either the department's form, Transportation Permission — Child Care Centers, or the licensee's own form to obtain authorization to transport children to and from the Center. 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 licensee may use either the department's form, Field Trip or Other Activity Notification/Permission, or the licensee's own form for securing parental information. The department's form, Child Care Enrollment, also contain authorization from a parent to participate in field trips if the center chooses to use that form. 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 licensee may use either the department's form, Alternate Arrival/Release Agreement — Child Care Centers, or the licensee's own form for securing the parent's authorization. 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, Health History and Emergency Care Plan is used for health history 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 form, Day Care Immunization Record, may be used to record immunization information. An electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health care provider may be used in place of the Day Care Immunization Record. 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 licensee may use either the department's form, Informed Consent for Observation or Testing by an Outside Agency — Child Care Centers, or the licensee's own form for securing the parent's written consent. 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 form, Daily Attendance Record — Child Care, may be used to record 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 See s. DCF 251.07 (6) (f) and (j) for information on recording entries in the center 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, 2109 S. Stoughton Rd., Madison, WI 53716, 1-800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 251.04 (3) (j) on reporting suspected abuse of a child by a staff member to the department. Microsoft Windows NT 6.1.7601 Service Pack 1