DCF 251 Licensing Rules for Group Child Care Centers with ...

1 WISCONSIN ADMINISTRATIVE CODE Division of Early Care and Education DCF 251 Licensing Rules FOR Group Child CARE Centers With Commentary effective December 2020 DCF-P-PFS4024 (R. 12/2021) DCF-P-PFS4024 (R. 12/2021) PREFACE DCF 251 Licensing Rules FOR Group Child CARE Centers With Commentary Section , Stats., requires that persons operating Child care Centers which provide care and supervision for 4 or more children under 7 years of age for less than 24 hours a day be licensed by the Department of Children and Families. The statutes also require the department to establish Rules which must be met in order to qualify for a license and which protect and promote the health, safety, and welfare of the children in the care of the Child care center. Chapter DCF 251 is the administrative code governing Group Child care Centers , which provide care and supervision to 9 or more children for less than 24 hours a day.

2 Although prepared primarily as a tool for Licensing specialists, the purpose of the DCF 251 Group Child Care Rules with Commentary is to help all users of DCF 251 understand the intent and application of the rule. An attempt has been made to offer commentary for those Rules where experience indicates clarification would be helpful. However, commentary cannot be written to cover every situation encountered. Providers who require additional information should contact their regional Licensing specialist. The portion of this publication that is numbered and in regular print is the administrative code DCF 251. The portion of the publication that is within boxes and in italicized print is commentary that was prepared by staff of the Bureau of Early Care Regulation. There is a header on each page that contains the rule cite for the section of the rule beginning on that page. A table of contents and an index are also included, as are appendices that contain key statutes related to the Child care Rules , a copy of DCF 13 (administrative Rules governing Child care background checks), and other appendices referenced in the rule.

3 This publication may be duplicated and is also available on the department s website: The Department of Children and Families is an equal opportunity employer and service provider. If you have a disability and need to access services, receive information in an alternate format, or need information translated to another language, please contact the Bureau of Early Care Regulation at or (608) 421-7550. Individuals who are deaf, hard of hearing, deaf-blind or speech disabled can use the free Wisconsin Relay Service (WRS) 711 to contact the department. For civil rights questions, call (608) 422-6889. DCF yog ib tus tswv hauj lwm thiab yog ib qhov chaw muab kev pab cuam muaj vaj huam sib luag rau sawv daws. Yog tias koj muaj ib tus mob xiam oob qhab thiab xav tau cov ntaub ntawv no ua lwm hom, lossis xav kom muab txhais ua lwm yam lus, hu rau BECR ntawm 608-421-7550 (siv dav dav), lossis Wisconsin Relay Service (WRS) 711.

4 Rau cov lus nug txog neeg txoj cai hu rau 608-422-6889 (siv dav dav), lossis Wisconsin Relay Service (WRS) 711. DCF es un empleador y proveedor de servicios que ofrece igualdad de oportunidades. Si tiene alguna discapacidad y necesita acceso a esta informaci n en un formato alternativo, o si necesita traducci n a otro idioma, por favor comun quese con BECR al 608-421-7550 (general) o Wisconsin Relay Service (WRS) 711. Para preguntas sobre derechos civiles, llame al 608-422-6889 (general) o Wisconsin Relay Service (WRS) 711. WISCONSIN ADMINISTRATIVE CODE DCF-P-PFS4024 (R. 12/2021) TABLE OF CONTENTS DCF AUTHORITY AND PURPOSE .. 1 DCF APPLICABILITY.. 2 (1) Included and excluded care arrangements .. 2 (2) Exception to a requirement .. 3 DCF DEFINITIONS. IN THIS CHAPTER: .. 4 DCF OPERATIONAL REQUIREMENTS.. 11 (1) Terms of a license .. 11 (2) Administration .. 11 (3) Reports .. 16 (4) Parents .. 18 (6) Children s records.

5 19 (7) Confidentiality .. 23 (8) Reporting Child abuse or neglect .. 24 DCF STAFF.. 26 (1) Definitions .. 26 (2) Staff Records .. 26 (3) Qualifications of staff.. 29 (4) Staff development.. 41 DCF SUPERVISION AND GROUPING OF CHILDREN.. 46 (1) Supervision.. 46 (2) Grouping of children.. 47 DCF PHYSICAL PLANT AND EQUIPMENT.. 50 (1) Building.. 50 (2) Protective measures.. 52 (3) Emergency plans and drills.. 56 (4) Fire protection.. 57 (6) Water.. 59 (7) Indoor space.. 60 (9) Kitchens.. 61 (10) Washroom and toilet facilities.. 65 (11) Outdoor play space.. 66 (12) Swimming areas.. 68 DCF PROGRAM.. 71 (1) Program planning and scheduling.. 71 (2) Child guidance.. 75 (3) Equipment and furnishings.. 76 (4) Rest periods.. 78 (5) Meals, snacks, and food service.. 80 (6) Health.. 82 (7) Pets and animals.. 88 (8) Miscellaneous activities.. 89 DCF TRANSPORTATION.. 90 (1) Applicability.. 90 (2) Permission and emergency information.

6 90 (3) Required information for each trip.. 91 (4) Driver.. 91 (5) Vehicle.. 92 (6) Seat belts and Child safety restraints.. 93 (7) Vehicle capacity and supervision.. 95 (8) Child care vehicle safety alarm.. 95 WISCONSIN ADMINISTRATIVE CODE DCF-P-PFS4024 (R. 12/2021) DCF ADDITIONAL REQUIREMENTS FOR INFANT AND TODDLER CARE.. 96 (1) Applicability and general requirements.. 96 (3) Feeding.. 98 (4) Diapering and toileting.. 100 DCF EXCEPTIONS AND ADDITIONAL REQUIREMENTS FOR CARE OF SCHOOL-AGE CHILDREN.. 102 (1) Applicability.. 102 (2) Exceptions for Centers serving only school-age children.. 102 (3) Exceptions for Centers serving only school-age children in school buildings.. 102 (4) Additional requirements for Group Child care Centers serving school-age children.. 103 DCF ADDITIONAL REQUIREMENTS FOR NIGHT CARE.. 105 (1) Applicability.. 105 (2) General requirements.. 105 (3) Program.. 105 (4) Preventive measures.

7 105 (5) Feeding.. 105 (6) Sleep.. 105 DCF Licensing ADMINISTRATION.. 106 (1) General conditions for approval of license.. 106 (2) Initial application for a probationary license.. 106 (3) Obtaining a regular license.. 107 (4) Continuing a regular license.. 108 (5) Amending a license.. 108 (6) Additional license .. 108 (7) License denial or revocation.. 109 (8) Effect of notice to deny or revoke a license.. 110 (9) Summary suspension of a license.. 110 (10) Appeal of decision to deny or revoke a license .. 111 DCF COMPLAINTS, INSPECTIONS AND ENFORCEMENT ACTIONS.. 112 (1) Complaints.. 112 (2) Inspection.. 112 (3) Enforcement action.. 112 DCF PROGRAMS CONTRACTED FOR BY SCHOOL BOARDS.. 113 APPENDIX A REGIONAL OFFICES OF DECE .. 114 APPENDIX B KEY STATUTES RELATED TO Licensing Child CARE Centers .. 115 APPENDIX C DCF 13 BACKGROUND CHECKS FOR Child CARE PROGRAMS .. 133 APPENDIX D RESOURCES LIST .. 142 INDEX.

8 143 WISCONSIN ADMINISTRATIVE CODE DCF-P-PFS4024 (R. 12/2021) AUTHORITY & PURPOSE DCF Authority and purpose. This chapter is promulgated under the authority of s. , Stats., to establish Licensing requirements under s. , Stats., for Group Child care Centers for children. The purpose of this chapter is to protect the health, safety and welfare of children being cared for in Group Child care Centers . WISCONSIN ADMINISTRATIVE CODE DCF-P-PFS4024 (R. 12/2021) APPLICABILITY 2 DCF 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.

9 Centers occasionally offering after-hours care / activities for children on the premises of a licensed center (such as parent date nights, shopping, etc.) may do so provided that the parents are notified in writing that the center is not licensed during that time period. If the center wishes to operate during this time as a licensed facility, an exception must be requested. Note: Centers should also check with their insurance company to ensure coverage during this time. (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. Non-working parents on the premises means a care situation in which a parent of every Child in care is on the premises. Centers serving industry, college, university, or employer-based Child care where parents may be employed or attending classes on the same premises must be licensed.

10 An organization may use the premises of a licensed Child care center for occasional care for conferences or other activities when the center is not in operation. An example of this usage would be occasional weekends or evenings. An exception is not required. (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.