Section 251.05. Staffing.

 

(1)   Responsibilities and qualifications of staff.

(a) Competency. A child care worker, including the center administrator, center director, child care teachers, assistant teachers, and volunteers counted in the staff to child ratio shall be physically, mentally and emotionally able to provide responsible care for all children including children with disabilities.

(b) Shaken baby syndrome prevention training. Except for a volunteer who is not counted in staff-to-child ratios, each child care worker including the administrator, center director, teachers, assistant teachers, and substitutes who provide care and supervision to children under 5 years of age shall receive department-approved training in shaken baby syndrome and impacted babies and appropriate ways to manage crying, fussing or distraught children. The training shall be completed by one of the following methods:

1. Complete the department-approved, in-person training on shaken baby syndrome prevention and impacted babies before the date on which the child care worker begins to work with children under age 5 years.

2. View a department-approved video or complete a department-approved, web-based course on shaken baby syndrome prevention before the date on which the child care worker begins to work with children under age 5 years and complete a department-approved, in-person training within 6 months of beginning to work with children under age 5.

(c) Cardiopulmonary resuscitation training. All employees in regular contact with children shall obtain and maintain a current certificate of completion for infant and child cardiopulmonary resuscitation and automated external defibrillator use from an agency approved by the department within 6 months after beginning to work with children. Volunteers included in determining staff-to-child ratios shall obtain a certificate of completion in infant and child cardiopulmonary resuscitation after volunteering for 240 hours. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours.

(d) Administrator.

1. The licensee may act as administrator of a group child care center. If the licensee does not act as administrator, the licensee shall designate a person or persons to be the administrator or administrators of the center. The administrator shall be responsible for the center's management, including personnel, finance, physical plant and the day to day operation of the center.

2. An administrator shall:

a. Be at least 21 years of age.

b. Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.

3. Before a person assumes the position of administrator, the person shall have both of the following:

a. One year of experience as a manager or satisfactory completion of one credit or non-credit department-approved course in business or program administration.

b. One year of experience as a center director or child care teacher in a licensed child care center or kindergarten or satisfactory completion of one non-credit department-approved course or one course for credit in early childhood education or its equivalent.

4. If the board of a parent cooperative is responsible for management of a center, the requirements under subds. 2. , and 3. , do not apply.

5. Within one year of assuming the position, each administrator shall complete at least 10 hours of training in supervision or personnel management, if the administrator has not previously received that training. The training may be counted as part of the annual continuing education requirement.

(e) Center director.

1. The licensee may act as the center director. If the licensee does not act as center director, the licensee shall designate a person or persons to be the center director for each center location.

2. The center director shall be responsible for the supervision of the planning and implementation of the center's program for children, the supervision of staff at the center, staff meetings and orientation and continuing education for the staff.

3. A center director shall be employed on one of the following schedules:

a. At least 10 hours a week for the exclusive purpose of carrying out center director responsibilities in a single full-day center location licensed for 50 or fewer children.

b. At least 20 hours a week for the exclusive purpose of carrying out center director responsibilities in a single full-day center location licensed for 51 or more children.

4. A center director for a program licensed to serve 50 or fewer children shall:

a. Be at least 21 years of age.

b. Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.

c. Have at least 80 full days or 120 half days of experience as a teacher or assistant teacher in a licensed child care center or other approved setting.

d. Prior to beginning to work as a center director have completed at least one of the following training requirements:

e. Complete at least 10 hours of training in supervision or personnel management within one year of assuming the position of center director, if the director has not previously received that training. The training may be counted as part of the annual continuing education requirement.

5. A center director for a program licensed to serve 51 or more children shall:

a. Be at least 21 years of age.

b. Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.

c. Have at least 2 years of experience as a child care teacher or center director in a licensed child care center or other approved setting.

d. Prior to beginning to work as a center director have completed one of the following training requirements:

(f) Child care teacher.

1. A child care teacher shall plan, implement and supervise the daily activities for a group of children.

2. A person who is a child care teacher shall be at least 18 years of age and have completed high school or its equivalent as determined by the Wisconsin department of public instruction.

3. A person who is a child care teacher shall document at least 80 full days or 120 half days of experience as an assistant child care teacher in a licensed child care center or other approved early childhood setting.

4. Prior to assuming the position, a person hired to be a child care teacher shall be qualified by having completed one of the following:

a. Two non-credit department-approved courses in early childhood education.

b. Two courses for credit in early childhood education or its equivalent from an institution of higher education.

c. Certificate from The Registry indicating that the person is qualified as a child care teacher.

d. Forty-eight credits from an institution of higher education with at least 3 credits in early childhood education or its equivalent.

e. A one-year child care diploma from an institution of higher education.

f. An associate degree in early childhood education or child care from an institution of higher education.

g. Child development associate credential issued by the council for early childhood professional recognition.

h. Certificate from American Montessori Society, Association Montessori International, or Montessori Accreditation Council for Teacher Education.

i. A bachelor degree in education from an institution of higher education or a license from the Wisconsin department of public instruction to act as a teacher.

j. Certificate from the bureau of apprenticeship standards as a child development specialist.

(g) Assistant child care teacher.

1. An assistant child care teacher shall work under the supervision of a child care teacher with a group of children.

2. A person hired to be assistant child care teacher shall be qualified in one of the following ways:

a. The person shall be at least 18 years old and have satisfactorily completed one non-credit department-approved course in early childhood education or completes that training within 6 months after assuming the position.

b. The person shall be at least 18 years old and have satisfactorily completed one course for credit in early childhood education or its equivalent at an institution of higher education, or is enrolled in that course within 6 months after assuming the position.

c. The person shall have satisfactorily completed an assistant child care teacher training program approved by the Wisconsin department of public instruction.

3. A parent serving as an assistant child care teacher in a center operated by a parent cooperative is exempt from the training requirements under subd. 2.

(h) Non-credit course criteria. Non-credit courses offered to meet the non-credit course requirements specified in this subsection shall contain the components prescribed by the department and shall be approved by the department before being offered. The department may at any time withdraw its approval of a non-credit course. Instructors of non-credit department-approved courses shall be approved by the department prior to teaching a course.

(i) Certificate. Each administrator, center director and child care teacher shall obtain a certificate from The Registry (the Wisconsin early childhood professional recognition system) within 3 months after assuming the position. An administrator, a center director and teachers in a school-age only program shall obtain a certificate from The Registry within 6 months after assuming the position. Persons holding a teacher license issued by the department of public instruction are not required to obtain a Registry certificate.

(j) Substitutes.

1. When a regular required staff member is absent from a center, there shall be a substitute who is at least 18 years of age.

2. A substitute who is employed by the same licensee for more than 240 hours shall obtain at least one non-credit, department-approved course or be currently enrolled in training to meet this requirement before completing 240 hours of work as a substitute. A substitute who provides care and supervision to children under age 5 shall have completed department-approved training in shaken baby syndrome as specified under par. (b) before working with children.

3. The center director or designee shall maintain a record of the days and hours worked by each substitute child care worker.

(k) Volunteers and student teachers.

1. Volunteers and student teachers shall participate in the orientation required under sub. (2) (a) .

2. A volunteer who is used to meet staff-to-child ratios shall obtain at least one non-credit, department-approved course or be currently enrolled in training to meet this requirement before completing 240 hours of work as a volunteer. A volunteer who provides care and supervision to children under age 5 shall have completed department-approved training in shaken baby syndrome as specified under par. (b) before working with children.

3. A volunteer who is not used to meet staff to child ratios shall have training in child care programming and procedures before working with children. The training shall include the responsibilities of the volunteer, general child supervision techniques, a review of the daily schedule and general health and safety practices including meal or snack preparation, dishwashing, toileting, personal hygiene and emergency evacuation procedures. This includes volunteers working in a center operated by a parent cooperative.

4. The center director or designee shall coordinate the volunteer program and keep on file documentation of the hours worked by volunteers who are used to meet staff to child ratios.

5. Student teachers who are not employed by the child care center may not be used to meet the staff to child ratios during the time the person is working as a student teacher.

(L) Health examination.

1. Except as provided under subd. 2. , persons who work directly with children, except volunteers, shall have a health examination within 12 months before beginning work at a specific child care center or within 30 days after beginning work at the center. The results of the examination shall be stated on a form provided by the department. The report shall be dated and signed by a licensed physician, physician assistant or HealthCheck provider. The report shall indicate all of the following:

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

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

2. The health examination requirement under subd. 1. does not apply to a person who requests an exemption from the department in writing. The exemption is granted based on adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.

3. No licensee, employee, volunteer, visitor or parent with symptoms of serious illness or a communicable disease transmitted through normal contact reportable under ch. DHS 145 which presents a safety or health risk to children may be in contact with the children in care.

4.

a. No licensee, employee, volunteer, visitor or parent whose behavior gives reasonable concern for the safety of children may be in contact with the children in care.

b. The department may require a licensee, employee or other person in contact with the children whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment.

5. No person with a health history of typhoid, paratyphoid, dysentery or other diarrheal disease may work in a center until it is determined by appropriate tests that the person is not a carrier of the disease.

(2)   Staff development.

(a) Orientation. Except as provided under subd. 12. , each center shall develop and implement a written orientation program which all new employees, substitutes and regularly scheduled volunteers shall complete and document within their first week at the center. The orientation program shall cover all of the following:

1. Review of this chapter.

2. Review of center policies required under s. DCF 251.04 (2) (h) and (i) .

3. Review of the center contingency plans required under s. DCF 251.04 (2) (i) , including fire and tornado evacuation plans and the operation of fire extinguishers.

4. First aid procedures.

5. Job responsibilities in relation to the job description.

6. Training in the recognition of childhood illnesses and infectious disease control, including handwashing procedures and universal precautions for handling body fluids.

7. Schedule of activities of the center.

8. Review of child abuse and neglect laws and center reporting procedures.

9. The procedure for ensuring that all child care workers know the children assigned to their care and their whereabouts at all times including during center-provided transportation.

10. Child management techniques.

11. Procedure for sharing information related to a child's special health care needs including any physical, emotional, social or cognitive disabilities with any child care worker who may be assigned to care for that child throughout the day.

12. Review of procedures to reduce the risk of sudden infant death syndrome prior to an employee's or volunteer's first day of work, if the center is licensed to care for children under one year of age.

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

14. Information on any special needs a child enrolled in the center may have and the plan for how those needs will be met.

(b) Staff meetings. To ensure that staff have the opportunity to receive pertinent information and clarification of problems and issues, each center shall conduct staff meetings at least 9 times in a calendar year or one time for each month of center operation and document that staff meetings have been held.

(c) Continuing education.

1. Each administrator, center director and child care worker who works more than 20 hours a week shall participate in at least 25 hours of continuing education each year.

2. Each administrator, center director and child care worker who works 20 or fewer hours a week shall participate in at least 15 hours of continuing education each year.

3. Continuing education hours may be used to meet the continuing education requirement during the year in which the hours are earned and for the 2 years following that year.

4. Continuing education courses taken for credit through an institution of higher education may be used to meet the continuing education requirement during the year the credits were earned and for the following 2 years.

5. Assistant child care teachers who are currently enrolled in their first entry level course are not required to earn continuing education hours for that calendar year.

7. Types of training acceptable to meet continuing education requirements shall be limited to:

a. Formal courses resulting in credits or continuing education units.

b. Workshops, conferences, seminars, lectures, correspondence courses and home study courses.

c. Training offered by the child care center through the use of guest or staff trainers.

d. Documented observation time in other early childhood programs.

8. Continuing education experiences may be in the areas of early childhood education, child development, child guidance, health, caring for children with special needs, first aid, nutrition as it pertains to child development, supervision of staff or the business or administrative aspects of the operation of a child care center or in communication skills.

9. Independent reading and watching of educational materials may be counted for up to 5 hours of continuing education per year for each person required under par. (c) 1. to have 25 hours of continuing education, and up to 2.5 hours of continuing education per year for each person required under par. (c) 2. to have 15 hours of continuing education.

(d) Food service personnel orientation and training. The center shall provide food service personnel with the orientation under par. (a) and shall document annual training of at least 4 hours in kitchen sanitation, food handling and nutrition.

(3)   Supervision.

(a) At least one child care teacher shall supervise each group of children.

(b) Assistant child care teachers who are at least 18 years of age and have completed the training required for the position may provide sole supervision to a group of children in full-day centers for opening and closing hours, not to exceed the first 2 hours and the last 2 hours of center operation.

(c) Each child shall be closely supervised by a child care worker who is within the sight and sound of the children to guide the children's behavior and activities, prevent harm and assure safety.

(d) A child care worker may not provide care to children at the center more than 10 hours in any 24-hour period.

(e) A child may not be in care more than 12 hours in any 24-hour period.

(f) The center shall implement a procedure to ensure that the number, names and whereabouts of children in care are known to assigned child care workers at all times.

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

(h) The center shall implement a procedure to contact a parent if a child is absent from the center without prior notification from the parent.

(i) No child shall be left in sole charge of a person under the age of 18.

(4)   Staffing and grouping.

(a) The maximum number of children in a group may not exceed the number specified in Table 251.05-D.

(b) The ratio of child care workers to children may not be less than the minimum number of child care workers to children specified in Table 251.05-D. - See PDF for table

(c) When 8 or fewer children are present in a center, there shall be a second adult available within 5 minutes for emergencies. The center shall maintain a signed and dated statement from that person, including address and telephone number, certifying that the person is available and agrees to serve if needed.

(d) Maximum group size does not apply to field trips, outdoor play areas and areas of the center reserved exclusively for eating, however staff-to-child ratios shall be maintained in those settings.

(e) During naptime, an adjustment in group size and staff-to-child ratios in Table 251.05-D may be made as follows:

1. One child care worker shall be within sight or sound of each group of sleeping children. If at least one child is awake, sight and sound supervision of awake children is required.

2. Adult-to-child ratios shall be maintained in the center during naptime.

3. Maximum group size requirements do not apply to napping groups.

(f) When there is a mixed-age group, the staff-to-child ratio shall be adjusted on a prorata basis, according to age.

(g) When infants and toddlers are part of a mixed-age group, the size of the group may not exceed 8.

(h) When the group of children is a mixed age group of children 2 years and older, the group size shall be determined by the number of children that can be cared for by 2 child care workers as determined by the staff-to-child prorata requirement under par. (f) .

(i) In a center with 9 or more children present, there shall be at least 2 adults available in the center at all times. At least one of the adults shall be a child care worker directly involved in the supervision and care of the children.

(j) When 9 or more children are on a field trip there shall be at least 2 child care workers accompanying the children and the staff-to-child ratios in Table DCF 251.05-D shall be maintained. At least one of the child care workers shall be a child care teacher.

(k) Support staff, such as clerical, housekeeping and food service staff, may only be considered in determining the staff-to-child ratios:

1. During those hours when they give full attention to the care and supervision of children.

2. If they meet the qualifications for a child care worker.

(L) Child care workers shall be free of non-classroom duties when they are counted in meeting the staff-to-child ratios.

(m) Children of staff who attend the center and who are on the premises for supervision and care shall be included in determining group size and staff-to-child ratios.

Cr. Register, January, 1997, No. 493 , eff. 8-1-97; reprinted to correct error in Table, Register, February, 1997, No. 494 ; reprinted to correct error in Table, Register, March, 1997, No. 495 ; CR 03-052 : r. and recr. (title), (1) (a), (1) (j) 3., (2) (c) 3. to 7., am. (1) (b) 3. b., (c) 5. (intro.), Table 46.05-A, (6) (intro.), Table 46.05-B, (d) 3., Table 46.05-C, (2) (a) (intro.), 3., 6., 8., 11., (4) (e) (intro.) and 1., r. (1) (c) 5. a. to i. and 6. a. to f., (1) (d) 3. a. to i., renum. (1) (j) 4. to be 5., cr. (1) (j) 4. a. and b., (2) (a) 12., (2) (c) 8. to 10., (3) (g) Register December 2004 No. 588 , eff. 3-1-05; corrections in (1) (j) 1. a., 3., (2) (a) 2. and 3. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 07-102 : r. and recr. (1), am. (2) (a), 9., (3) (b), (c), (f), (4) (d), (j) and Table D, cr. (2) (a) 13., 14., (3) (h) and (i), r. (2) (c) 6. and 10. Register December 2008 No. 636 , eff. 1-1-09; renumbering in (1) (e) 4. and corrections in (1) (e) 4. d., 5. d., (L) 3., (4) (j) and Table D made under s. 13.92 (4) (b) 1. , 6. and 7. , Stats., Register November 2008 No. 635 .

Note

Department-approved training in shaken baby syndrome prevention is included in the department-approved non-credit courses called Introduction to the Child Care Profession and Fundamentals of Infant and Toddler , if the course was taken after 7/1/05. Information on department-approved training in shaken baby syndrome is available from the Child Care Information Center at 800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 i. Two non-credit department-approved courses in early childhood education and within one year of assuming the position, one course in the Wisconsin Child Care Administrator Credential or its equivalent. Microsoft Windows NT 6.1.7601 Service Pack 1 ii. Two courses for credit in early childhood education and within one year of assuming the position, one course in the Wisconsin Child Care Administrator Credential or its equivalent. Microsoft Windows NT 6.1.7601 Service Pack 1 iii. Forty eight credits from an institution of higher education with at least 3 credits in early childhood education and within one year of assuming the position, one course in the Wisconsin Child Care Administrator Credential or its equivalent. Microsoft Windows NT 6.1.7601 Service Pack 1 iv. A certificate from The Registry indicating the person is on Registry Level 12 or above. Microsoft Windows NT 6.1.7601 Service Pack 1 v. A one-year child care diploma from an institution of higher education. Microsoft Windows NT 6.1.7601 Service Pack 1 vi. An associate degree in early childhood education or child care from an institution of higher education. Microsoft Windows NT 6.1.7601 Service Pack 1 vii. Child development associate (CDA) credential issued by the council for early childhood professional recognition and within one year of assuming the position, one course in the Wisconsin Child Care Administrator Credential or its equivalent. Microsoft Windows NT 6.1.7601 Service Pack 1 viii. A bachelor degree from an institution of higher education in early childhood education or child development or a license from the Wisconsin department of public instruction to act as a kindergarten, pre-kindergarten or early childhood (regular or special education) teacher. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on how to obtain or renew a Wisconsin department of public instruction teacher license is available on the DPI website, http://dpi.wi.gov/tepdl . Microsoft Windows NT 6.1.7601 Service Pack 1 i. Four non-credit department-approved courses in early childhood education or its equivalent and within 3 years of assuming the position the Wisconsin Child Care Administrator Credential. Up to two courses in the Wisconsin Child Care Administrator may be used to meet the early childhood education requirement, if taken prior to beginning to work as a center director. Microsoft Windows NT 6.1.7601 Service Pack 1 ii. Four courses for credit in early childhood education from an institution of higher education and within 3 years of assuming the position, the Wisconsin Child Care Administrator Credential. Up to two courses in the Wisconsin Child Care Administrator Credential may be used to meet the early childhood education requirement, if taken prior to beginning to work as a center director. Microsoft Windows NT 6.1.7601 Service Pack 1 iii. An associate degree in early childhood education or child care from an institution of higher education. Microsoft Windows NT 6.1.7601 Service Pack 1 iv. A bachelor degree in early childhood education from an institution of higher education or a license from Wisconsin department of public instruction to act as a kindergarten, pre-kindergarten or early childhood (regular or special education) teacher. Microsoft Windows NT 6.1.7601 Service Pack 1 v. A certificate from The Registry indicating the person is on Registry Level 14 or above. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on how to obtain or renew a Wisconsin department of public instruction teacher license is available on the DPI website, http://dpi.wi.gov/tepdl . Microsoft Windows NT 6.1.7601 Service Pack 1 Introduction to the Child Care Profession and Skills and Strategies for the Child Care Teacher are the names of the non-credit courses approved by the Department to meet the entry level training requirements for a child care teacher. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on how to obtain or renew a Wisconsin department of public instruction teacher license is available on the DPI website, http://dpi.wi.gov/tepdl . Microsoft Windows NT 6.1.7601 Service Pack 1 Introduction to the Child Care Profession is the name of the non-credit course approved by the Department to meet the entry level training requirements for a child care assistant teacher. 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 Information on the components prescribed by the department may be obtained by contacting one of the regional licensing offices in Appendix A. A list of agencies approved to offer non-credit 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 obtaining a certificate from The Registry is available at http://www.the-registry.org/ or [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 Introduction to the Child Care Profession is the non-credit course approved by the department to meet this requirement. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Staff Health Report — Child Care Provider, is used for recording physical examination 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 See also DCF 251.11 (1) (f) which requires a written statement from a physician or licensed mental health professional when there is reason to believe that the physical or mental health of a person may endanger children in care. Microsoft Windows NT 6.1.7601 Service Pack 1 A copy of the universal precautions may be obtained from the Child Care Information Center by calling 800-362-7353. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee may use the department's form, Staff Orientation Checklist — Group Child Care Centers, for documenting staff orientation. 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, 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 The licensee may use the department's form, Child Care Staff-To-Child Ratio Worksheet — Group Child Care Centers, to adjust the staff-to-child ratio. 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