Section 252.05. Licensing administration.

 

(1)   Licensing procedures.

(a) A person making an inquiry to the department about obtaining a license to operate a day camp shall be provided with all of the following:

1. A copy of this chapter.

2. Written procedures on how to obtain a day camp license.

2m. A copy of the Background Information Disclosure form.

3. An opportunity to meet with a licensing representative to discuss the materials.

4. The necessary forms if licensing is desired.

5. Assistance to complete the licensing process by a licensing representative.

(b) An applicant shall submit an application and other materials required for day camp licensure and license continuation on forms provided by the department at least:

1. Sixty days prior to the date proposed for the camp to begin operating.

2. Thirty days prior to the end of the current license continuation period.

(c) An applicant for an initial day camp license or a licensee continuing a regular license shall submit all of the following materials to the department:

1. A clearly defined statement of purpose as it relates to the provision of child care services.

2. A signed statement by the applicant or licensee accepting legal responsibility for complying with this chapter.

3. The articles of incorporation and by-laws if the camp is organized as a corporation, association or cooperative.

4. A signed authorization which permits the department to make whatever investigation it considers necessary for the verification of pertinent application information.

5. A general description of the camp area, geographic location and size of the base camp or the proposed itinerary of field trips if a program will consist primarily of field trips.

6. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the camp and identify by position or name those persons on the premises in charge of the camp for all hours of operation.

7. The name, address, and telephone number of the person to be contacted by the licensing representative for the pre-camp licensing review.

8. A statement from the state laboratory of hygiene or a state approved laboratory indicating that the water from a private well providing drinking water has been tested and found to be safe.

9. The license fee required under s. 48.65 (3) (a) , Stats.

10. A completed Background Information Disclosure form provided by the department for the applicant and if the camp will be located in a residence, any household member aged 10 and above.

11. A statement from the applicant that indicates the camp is in compliance with this chapter.

12. A copy of all the policies required under s. DCF 252.41 (1) (f) and (g) and a completed copy of the day camp policy checklist on a form provided by the department.

13. The test results from the water on any beach on the premises of the camp that will be used for waterfront activities by the children in care.

14. A report indicating that any building used primarily for day camp purposes is in compliance with applicable commercial building codes.

15. Any other materials determined by the department as necessary to complete the department's licensing investigation.

(d) Upon submission of a complete application, a licensing representative shall conduct an investigation to determine whether the applicant is eligible for a license.

(e) If the department determines that the applicant for an initial license is eligible for a license, the department shall issue a probationary license having a 6-month duration. A probationary license may be renewed for one 6-month period.

(f) If the department determines that an application for an initial license does not comply with the applicable requirements of this chapter or the department's investigation determines that the applicant is not eligible for a license, the department may deny the application.

(g) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee.

(h) If the department determines that the licensee continuing a regular license has met the minimum requirements for a license under s. 48.67 , Stats., has paid the applicable fees referred to in ss. 48.65 and 48.685 (8) , Stats., any forfeiture under s. 48.715 (3) (a) , Stats., and any penalty under s. 48.76 , Stats., the department shall continue the license for an additional 2 years.

(2)   Amendment to license. A written request for an amendment to the license shall be submitted to the department by the licensee before changes are made in the conditions of the current license such as a change in the licensed capacity of the camp, age range of children, hours, days of the week, months of the year in operation or change in the name of the camp.

(3)   Terms of license.

(a) The number of children under 7 years of age in care of the center at any one time may not exceed the number for which the center is licensed.

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

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

(4)   Additional license. A licensee seeking licensure for an additional day camp or child care center location shall demonstrate compliance with applicable parts of this chapter in the operation of the existing center. The licensee shall pay any fines, forfeitures or other fees due to the department under s. 48.715 , Stats., on other facilities licensed by the department before the department issues an additional license.

(5)   Condition of licensure. The department may deny a license or may suspend or revoke a license, initiate other enforcement actions specified in this chapter or in ch. 48 , Stats. , or place conditions on a license if the licensee, applicant or proposed or current employee, volunteer, household member or any other person having regular contact with children is, or has been any of the following:

(a) The subject of a pending criminal charge if the charge substantially relates to the care of children or activities of the camp.

(b) Convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the camp.

(c) Determined to have abused or neglected a child pursuant to s. 48.981 , Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the camp.

(d) The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of a child.

(e) The subject of a substantiated finding of misconduct in the department's nurse aide registry under s. DHS 129.10 .

(f) Had a child care center license, day camp license or certification revoked or denied within the last 5 years.

(g) Violated any provision of this chapter or ch. 48 , Stats. , or fails to meet the minimum requirements of this chapter.

(h) Made false statements or withheld information.

(6)   Summary suspension of a license.

(a) Under the authority of s. 227.51 (3) , Stats., the department may order the summary suspension of a license and, therefore, close a day camp when the department finds the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of the requirement for summary suspension of the license may be based on any of the following:

1. Failure of the licensee to provide environmental protections for the children such as heat, water, electricity or telephone service.

2. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily injury.

3. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense or has a pending criminal charge which substantially relates to the circumstances of caring for children or activities of the camp.

4. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981 , Stats., or has been determined by a child protected services agency or law enforcement agency to have abused or neglected a child.

5. The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the day camp that directly threatens the health, safety or welfare of any child under the care of the licensee.

(b) An initial order summarily suspending the license and closing a day camp may be a verbal order by a licensing representative. The department shall within 72 hours of the closing either permit the reopening of the center or initiate proceedings in accordance with s. 227.51 (3) , Stats., for the revocation of the license to operate. A preliminary hearing on the revocation shall be conducted by the department of administration's division of hearings and appeals within 10 working days after the date of the initial order to close on the issue of whether the license shall remain suspended during revocation proceedings.

(7)   License denial or revocation.

(a) The department may deny or revoke a license, initiate other enforcement actions specified under this chapter or under ch. 48 , Stats. , or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, is any of the following:

1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the camp.

2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the camp.

3. Determined to have abused or neglected a child pursuant to s. 48.981 , Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the camp.

4. The subject of a substantiated finding of misconduct in the department's nurse aide registry under s. DHS 129.10 .

5. The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.

6. Determined to have had a child care center license, day camp license or certification revoked or denied within the last 5 years.

7. Determined to have violated any provision of this chapter or ch. 48 , Stats. , or fails to meet the minimum requirements of this chapter.

8. Determined to have made false statements or withheld information.

(b) The department may deny, revoke, refuse to renew or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48 , Stats. , or place conditions on the license if the applicant or licensee is not fit and qualified as determined under sub. (10) (a) .

(c) The department may not license a person if the department has received certification pursuant to s. 49.857 (2) , Stats., from the department of workforce development that the applicant or licensee has failed to pay court-ordered payments of child or family support or expense related to the support of a child or former spouse or has failed to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency related to paternity or child support proceedings. Notwithstanding s. 48.72 , Stats., an action taken under this subsection is subject to review only as provided under s. 49.857 , Stats., and not as provided in s. 48.72 , Stats.

(d) The department may not license a person if the department has received certification pursuant to s. 73.0301 , Stats., from the department of revenue certifying that the applicant or licensee has a delinquent tax liability. An action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) , Stats., and not as provided in s. 48.72 , Stats.

(8)   Effect of notice to revoke or deny a license.

(a)

1. If the department decides under sub. (7) to deny a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.

2. If the department revokes a license, the effective date of the revocation shall be either immediately or 30 days after the date of the notice, based on the criteria under s. 48.715 (4m) (a) and (b) , Stats., unless the decision is appealed under sub. (9) .

(b) Upon receipt of the notice under par. (a) and during any revocation or denial procedures which may result, a day camp may not accept for care any child not enrolled as of the date of receipt of the notice without the written approval of the department.

(9)   Appeal of decision to deny or revoke a license. Any person aggrieved by the department's decision to deny a probationary or regular license or to revoke a license may request a hearing on that decision under s. 227.42 , Stats. The request for a hearing shall be in writing and submitted to the department of administration's division of hearings and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10 days after the date of the notice under sub. (8) . A request for a hearing is considered filed upon its receipt by the division of hearings and appeals. A request for a hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.

(10)   General conditions for approval of a license.

(a) Persons licensed to operate a day camp shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to care of children by the applicant, owner, manager, representative, employee, camp resident, or other individual directly or indirectly participating in the operation of the day camp. A determination of being unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48 , Stats. , or substantiated abuse under ch. 50 , Stats. , or under similar statutes in another state or territory whether or not it results in a criminal charge or conviction.

(b) The department shall issue a day camp license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.

(c) A facility that provides care on a regular basis to 4 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed.

(d) Prior to receiving a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due to the department.

(e) The department may refuse to issue or continue a license if another program operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.

(f) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the camp or any household member of the camp might endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that shall certify the condition of the individual and the possible effect of that condition on the day camp or children in care.

(g) The department may deny or revoke the license if the examination specified under par. (f) gives the department reasonable concern for the care of children.

(h) The department may not process an application for a license if the applicant has had a license or certification to operate a day camp or child care center revoked or denied within the last 2 years. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care or day camp license or certification revoked or denied.

(i) The department shall consider a licensee who fails to submit any of the materials described in sub. (1) (c) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the day camp.

History: Cr. Register, October, 1984, No. 346 , eff. 11-1-84; r. (1) and (2) (c) 7., renum. (2) (a) to (c) 6. and 8. and (d) to (h) and (3) to (8) to be (1) (a) to (c) 6. and 8. and (d) to (h) and (2) to (7) and am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 5. a., Register, August, 1989, No. 404 , eff. 9-1-89; CR 07-102 : am. (1) (a) (intro.), 1. to 5., (b) (intro.), 1., 2., (c) (intro.), 1. to 4., 6., (d) (intro.), (2), (4), (5) (intro.), (a) to (d), (6) (a) (intro.), 1. to 4. and (b), cr. (1) (a) 2m., (c) 7., 9. to 15., (5) (e) to (h), (6) (a) 5. and (8) to (10), r. (1) (b) 3. to 5., (c) 8. (intro.), b. and (d) 1. to 5., r. and recr. (1) (c) 5., (e) to (h) and (7), renum. (1) (c) 8. a. to be (1) (c) 8. and am. Register December 2008 No. 636 , eff. 1-1-09; corrections in (1) (c) 12., (5) (e) and (7) (a) 4. made under s. 13.92 (4) (b) 7. , Stats., Register December 2008 No. 636 .

Note

A packet of materials, including the License Application — Day Camp for Children form, is available from any of the regional offices listed in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The 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 of the regional offices in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on how to obtain a copy of the form, Policy Checklist — Day Camp, is available on the department's website http://dcf.wisconsin.gov , or from any of the regional offices in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 Examples of actions the department will consider in making determinations under s. DCF 252.05 (5) and (6) , are: abuse and neglect of children; sexual assault; abuse of residents of facilities; crimes against life and bodily security; kidnapping; abduction; arson of buildings or property other than buildings; robbery; receiving property from children; crimes against sexual morality, such as enticing a minor for immoral purposes or exposing minors to harmful materials and interfering with the custody of a child. The list is illustrative. It is not all-inclusive of the types of offenses that may be considered. Microsoft Windows NT 6.1.7601 Service Pack 1 See DCF 252.04 (13m) for the definition of fit and qualified. Examples of charges, actions or offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials, interfering with the custody of a child; or civil or criminal actions demonstrating an inability to manage financial resources or activities of the camp. The list is illustrative. Other types of offenses may be considered. Microsoft Windows NT 6.1.7601 Service Pack 1 A request for hearing should be submitted by mail to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707-7875, or should be delivered to the Division at 5005 University Ave., Room 201, Madison, Wisconsin. Hearing requests may be faxed to 608-264-9885. A copy of the request should be sent to the appropriate regional licensing office listed in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 See DCF 252.04 (13m) for the definition of "fit and qualified." Microsoft Windows NT 6.1.7601 Service Pack 1