Section 252.41. Operational requirements for day camps.

 

(1)   Administration. The licensee shall do all of the following:

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

(b) Comply with all requirements in this chapter.

(c) Designate, in writing, as part of the application under s. DCF 252.05 (1) , a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements in this chapter, if the licensee resides in another state.

(d) Meet, upon request, with the licensing representative on matters pertaining to licensing.

(e) Provide documentation of insurance coverage by the submission of a certificate of insurance reflecting current dates of coverage for:

1. 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.

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

3. Non-owned vehicle liability insurance when transportation is provided by other than camp-owned vehicles.

4. Specific adventure-based activities identified in s. DCF 252.44 (13) when offered as part of the camp program.

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

1. Discharge of enrolled children.

2. Fee payments and refunds.

3. Personnel policies 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 also contain a procedure requiring staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next working 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 governmental finding substantiated against them of abuse or neglect of a child or adult or of misappropriation of a client's property.

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

(g) Develop, submit to the department for approval, and implement approved written policies and procedures on all the following subjects:

1. Admission, including a procedure to contact a parent if a child is absent from the camp without prior notification from the parent.

2. Program objectives and a description of activities designed to carry out the program objectives.

3. Transportation if children may be transported to and from the camp or for field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.

4. Plans to be followed in the event of a fire, tornado, missing child or other emergency. If an open-sided shelter is used as a base camp, the plan shall identify the location of a designated tornado shelter and the procedure to ensure the camp receives information about tornado watches or warnings. The plan shall include a procedure to ensure that children reach the tornado shelter in a timely fashion.

5. The plan for providing pre-camp training to staff.

6. The plan for supervising children during water activities and waterfront activities including emergency procedures to be carried out if a child participating in water activities cannot be found.

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

8. Health, including procedures to be followed when there is contact with animals.

9. Nutrition.

(h) Make available to the parents, on request, a copy of the applicable parts of this chapter and a copy of the child care policies of the camp. Personnel, in-service training and orientation policies need not be included.

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

(j) Include a reference to the religious component in any publicity and program objectives if religious training is part of the camp program. This information shall be shared with parents.

(k) Post the day camp license at the base camp in an area visible to parents and the public.

(L) Post next to the day camp 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, or exceptions 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 day camp 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 board chairperson or a person aged 10 and above becomes a camp household member.

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

(p) Submit 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 person on the premises of the camp who are in charge of the camp for all hours of operation.

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

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

(b) Any damage to the base camp which may affect compliance with this chapter within 24 hours after the occurrence.

(d) A change of the day camp director, within 7 days after the change.

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

(f) Any known convictions, pending charges or other offenses of the licensee, day camp employees or other persons subject to a caregiver background check which could potentially relate to the care of children at the camp or the activities of the camp by the department's next business day.

(g) Any suspected abuse or neglect of a child by a staff member that was reported under s. DCF 252.07 (3) (a) or any inappropriate discipline of a child, including any incident that results in a child being forcefully shaken or thrown against a surface, hard or soft, by a staff member during the child's hours of attendance, within 24 hours after the occurrence.

(h) Any incident involving law enforcement within 24 hours after the occurrence in which any of the following occurs:

1. A licensee, a household member or an employee of the camp is involved 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 camp.

2. A person responsible for transporting children is involved in a traffic-related incident.

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

(j) Any incident related to a child who leaves the premises of the camp without the knowledge of a counselor or any incident which results in a counselor not knowing the whereabouts of a child in attendance at the camp within 24 hours after the occurrence.

(k) 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 the plan shall be approved by the department licensing representative.

(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 in writing before the construction or remodeling begins.

(3)   Staff records. The licensee shall:

(a) Maintain a file on each employee which is available for examination by the licensing representative. Each employee's file shall include all of the following:

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

2. Documentation of any pertinent certification or training required for the position; including department-approved training in shaken baby syndrome prevention and the effects of shaking an infant or young child, taken before to beginning to work with children, if the person will provide care to children under age 5 years.

3. A Background Information Disclosure form, completed before the employee's first day of employment and every 4 years thereafter.

4. 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.

5. Documentation of successful completion of pre-camp training.

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

(b) Maintain a listing at the base camp of the name, address, and telephone number of the person to be notified in the event of an emergency involving an employee.

(c) Maintain a staff record which meets the requirements specified in par. (a) 1. to 6. for each student teacher or person who works at the camp and is compensated from sources other than the camp.

(4)   Children's records files.

(a) The licensee shall maintain at the camp, a current written record for each child enrolled at the camp. The record shall be on file before the child's first day of attendance and updated annually. The licensee shall make the record available to the licensing representative. Each child's file shall include all of the following:

1. Pre-admission and enrollment information consisting of:

a. The name and birthdate of the child.

b. Names and contact information for the child's parents.

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

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

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

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

g. Names, addresses and telephone numbers of persons authorized to pick-up the child or to accept the child who is dropped off.

h. Dates of camp session in which the child is enrolled.

2. Consent from the parent for emergency medical care or treatment;

3. Authorization from the parent to transport the child to and from the camp, 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 camp program;

5. Specific written informed consent from the parent for each incident of participation by a child in any research or testing project. The day camp shall obtain and make available to the department and to the parent a statement indicating the sponsor, the subject matter, the specific purpose and the proposed use of results with respect to each project;

6. The child's health history and any other matters relating to the child's health; on a form provided by the department.

7. Authorization from the parent outlining the plan for a child to come to the camp from school, home or other activities and to go from the camp to school, home or other activities unless the child is accompanied by a parent or other authorized pick-up person.

8. Assessment of the child's swimming ability, if swimming is included in the program of activities.

(b)

1. The licensee shall record in a medical log any medication dispensed to a child by a camp employee and any injury received by a child enrolled in the program on the day the medication is dispensed or the injury is received.

2. The medical log shall be a book with stitched binding and lined and numbered pages. Each entry shall be recorded in ink and signed or initialed by the person making the entry. The pages in the log may not be skipped or removed.

3. The log shall be maintained for the length of time the child is enrolled in the camp.

(c) The licensee shall maintain a current, accurate, written record of the daily attendance and birthdate for each child enrolled in the program. If the hours of arrival and departure of the children vary, the actual time of arrival and departure for each child shall be recorded. Each record shall be maintained as long as the child is enrolled in the program.

(5)   Notifications to parents.

(a) The camp director shall notify the parents of an enrolled child of all of the following:

1. Exposure of the child to a diagnosed or suspected communicable disease reportable under ch. DHS 145 . Notification shall occur when the information becomes known to the camp director.

2. Illness or injury to the child that requires professional medical treatment. Notification shall occur immediately.

3. Minor injury to the child. Notification shall occur when a parent picks up a child or when the child is delivered.

4. When the child participates in a field trip. The camp shall provide parents with a current and accurate schedule of all the field trips prior to the trips. Changes in the schedule of trips shall be communicated to parents.

5. When a child is missing.

History: Cr. Register, October, 1984, No. 346 , eff. 11-1-84; correction in (3) (a) 1. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 07-102 : am. (1) (intro.), (b) to (d), (e) 1. to 3., (f) (intro.), (g) 2., (i), (2) (intro.), (b), (d), (3) (a) (intro.), 1., 2., (4) (title), (a) (intro.), 1. a. to h. and 6., r. and recr. (1) (a), (f) 1. to 3., (g) (intro.), 1., 3. to 6., (2) (a), (4) (a) 7. and (b), cr. (1) (e) 4., (f) 3. a. to d., (g) 7. to 9., (k) to (p), (2) (f) to (L), (3) (a) 3. to 6., (c), (4) (a) 8., (c) and (5), r. (2) (c) Register December 2008 No. 636 , eff. 1-1-09; corrections in (1) (c), (e) 4., (2) (g), (3) (a) 4. and (5) (a) 1. made under s. 13.92 (4) (b) 7. , Stats., Register December 2008 No. 636 ; correction in (3) (a) 4. made under s. 13.92 (4) (b) 7. , Stats., Register September 2016 No. 729 .

Note

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 from the department's website, http://dcf.wisconsin.gov , or 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 Accident Report, or the licensee's own form to report accidents. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov , or 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 It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling. Microsoft Windows NT 6.1.7601 Service Pack 1 The 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 from the department's website, http://dcf.wisconsin.gov , or 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 from the department's website, http://dcf.wisconsin.gov , or any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee may use the department's form, Pre-camp Training Documentation — Day Camps, or the licensee's own form to document the successful completion of pre-camp training. Information on how to obtain the department's form is available from the department's website, http://dcf.wisconsin.gov , or 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 forms is available from the department's website, http://dcf.wisconsin.gov , or 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 camp. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov , or 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 Permission/Notification — Child Care Centers, or the licensee's own form for securing parental information. The department's form, Child Care Enrollment, also contains an authorization from the parent to participate in field trips if the camp chooses to use that form. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov , or 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 forms is available from the department's website, http://dcf.wisconsin.gov , or 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 forms is available from the department's website, http://dcf.wisconsin.gov , or 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 signed agreement. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov , or any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 Either parents or the camp may assess the child's swimming ability. Microsoft Windows NT 6.1.7601 Service Pack 1 See DCF 252.44 (6) (a) 2. for information on recording entries in the center medical log book. Microsoft Windows NT 6.1.7601 Service Pack 1 The department form, Daily Attendance Record — Child Care, may be used to document a child's daily attendance. Information on how to obtain the department's form is available from the department's website, http://dcf.wisconsin.gov , or any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1