Section 251.02. Applicability.

 

(1)   Included and excluded care arrangements. This chapter applies to all group child care centers, whether the facility in which the child care and supervision are provided is known as a day care center, nursery school or preschool, head start or school-age child care program, or by any other designation, but it does not apply to the following:

(a) Care and supervision of children in a program, including religious education classes, which operates no more than 4 hours a week.

(b) Group lessons to develop a talent or skill, such as dance or music lessons, social group meetings and activities and group athletic activities.

(c) Care and supervision while the child's parent is on the premises and is engaged in shopping, recreation or other non-work activities.

(d) Care and supervision provided at the site to the child of a recipient of temporary assistance to needy families or Wisconsin works who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling.

(e) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible schools and holiday child care programs.

(f) Care and supervision in emergency situations.

(g) Care and supervision while the child's parent is employed on the premises if the child receives care and supervision for no more than 3 hours a day.

(2)   Exception to a requirement. The department may grant an exception to a requirement of this chapter when it is demonstrated to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the requirement.

Cr. Register, January, 1997, No. 493 , eff. 8-1-97; correction in (1) (d) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052 : am. (1) (intro.) and (d) Register December 2004 No. 588 , eff. 3-1-05.

Note

Section 48.65 , Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons who come to the home of the child's parent to provide care for less than 24 hours per day; and counties, cities, towns, school districts and libraries that provide programs for children primarily intended for social or recreational purposes from the requirement of a license. As specified under s. 49.155 (4) , Stats., or s. DCF 201.04 (1) , programs, other than those operated by public schools, are required to be licensed by the department or certified by a county agency in order to be eligible to receive a child care subsidy. To be eligible for child care subsidy payments under s. 49.155 (4) , Stats., or DCF 201.04 (1), programs, other than those operated by public schools, may be required to be licensed by the department or certified by a county agency. Microsoft Windows NT 6.1.7601 Service Pack 1 A request for an exception to a requirement of this chapter should be sent to the licensing representative at the appropriate field office of the Department's Division of Early Care and Education. See Appendix A for addresses of the regional offices. Microsoft Windows NT 6.1.7601 Service Pack 1