(1) TERMS OF
LICENSE.
(a) The number of children in the
care of a family child care center at any time may not exceed the number for
which the center is licensed.
Note: Denying admission on the basis of race,
disability, religion, or certain other characteristics may be illegal under the
state public accommodations law, federal law related to the use of federal
funding, and some local anti-discrimination ordinances.
(b) The age of children served by a center
may not be younger or older than the age range specified in the license
issued.
(c) The hours, days and
months of a center's operation may not exceed those specified in the
license.
(2)
ADMINISTRATION. A licensee shall do all of the following:
(a) Comply with all laws governing the
facility and its operation.
Note: Denying admission on the basis of race,
disability, religion, or certain other characteristics may be illegal under the
state public accommodations law, federal law related to the use of federal
funding, and some local anti-discrimination ordinances.
(b) Comply with all requirements in this
chapter.
(bm) Comply with all
conditions placed on the license.
(c) Ensure that all information provided to
the department is current and accurate.
(cm) If residing in another state, designate
in writing, as part of the application under s. DCF 250.11 (3) and (4), a
Wisconsin resident who is responsible on behalf of the licensee for ensuring
compliance with all requirements of this chapter.
(d) Prior to receiving or continuing a
license, complete all application forms and pay all fees and forfeitures due to
the department.
Note: The Department will provide an application
after a Department representative completes the provision of pre-licensing
technical assistance.
(e)
Develop, submit to the department, implement, and provide to the parents
written policies and procedures consistent with the requirements of this
chapter related to all of the following:
1.
Enrollment and discharge of enrolled children.
2. Fee payment and refunds.
3. Child and provider absences, including a
procedure to contact a parent if a child is absent from the center without
prior notification from the child's parent.
4. Children's and staff's health care,
including those policies and procedures pertaining to SIDS risk reduction, if
the center is licensed to care for children under one year of age.
5. Nutrition.
6. Daily activities of the
children.
7. Child guidance,
including appropriate ways to manage crying, fussing or distraught
children.
8. Transportation of
children for any purpose including field trips. The policy shall include a
procedure to ensure that no child has been left unattended in a
vehicle.
9. Religious instruction
or practices, if any.
10.
Information related to the numbers, types and location of pets or other animals
located on the premises of the center and the type of access the children will
have to the pets.
(f)
Develop, submit to the department, and implement a written orientation plan for
any employees, substitutes, and emergency back-up providers. The orientation
plan shall cover all the items described in s. DCF 250.05 (4) (a) and (b).
Note: See s. DCF 250.05 (2) (a) and (b)
regarding providing an orientation to employees, substitutes and emergency
back-up providers.
(g)
Maintain liability insurance on the child care business if cats or dogs are
allowed in areas accessible to children during the hours of operation. The
insurance policy shall indicate the number of children covered and the dates of
coverage.
(gm) Provide written
information to parents on whether a licensee has insurance coverage on the
premises and on the child care business.
Note: The information provided could be included
as a rider on a homeowner policy or a separate insurance policy on the child
care business. A certificate of insurance or other documentation from an
insurance company that indicates the number of children covered, dates of
coverage, and types of pets covered is acceptable.
(h) Post the child care license in a location
where parents can see it during the hours of operation.
(i)
1. Post
next to the child care license all of the following:
a. The current licensing statement of
compliance or noncompliance statement and correction plan, including any rule
violations the department has not verified as corrected and in
compliance.
b. Any notice from the
department related to rule violations, such as a warning letter or enforcement
action.
c. Any stipulations,
conditions, temporary closures, exceptions, or exemptions that affect the
license.
2. All items
posted as required under this paragraph shall be visible to parents.
(j) Ensure that any action, by
commission or omission, or any condition or occurrence relating to the
operation or maintenance of the child care center does not adversely affect the
health, safety or welfare of any child under the care of the
licensee.
(k) Meet, upon request of
the department, with a licensing representative on matters pertaining to the
license.
(l) Submit a completed
background check request form to the department for each potential household
member prior to the date on which the individual becomes a household member,
unless the person is less than 10 years of age.
(m) When a current household member turns 10
years of age, submit a completed background check request form to the
department by the department's next business day.
Note: For more information on child care
background checks, see ch. DCF 13. Information on requesting a background check
is available on the department's website, http://dcf.wisconsin.gov, through the
Child Care Provider Portal, or from any regional licensing office in Appendix
A.
(3) REPORTS.
The licensee shall report to the department all of the following. If the report
is made by telephone, the licensee shall submit a written report to the
appropriate regional licensing office within 5 business days of the incident.
Fax, e-mail and letter are acceptable ways of filing a written report:
(a) Any incident or accident that occurs
while the child is in the care of the center that results in professional
medical evaluation, within 24 hours of the licensee becoming aware of the
medical evaluation.
Note: The licensee may use the licensee's own
form or the department's form, Incident Report - Regulated Child
Care. The department's form is available on the department's website,
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(am) Any death of a child in care,
within 24 hours after the death.
Note: The licensee may use either the licensees
own form or the department's form, Incident Report - Regulated Child
Care. The form is available on the department's website,
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(ar) Any injury caused by an animal
to a child in care, within 24 hours of the incident.
(b) Any damage to the premises that may
affect compliance with this chapter, or any incident at the premises that
results in the loss of utility services, within 24 hours after the
occurrence.
(c) 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 provided in
writing before the construction or remodeling begins.
Note: See s. DCF 250.11 (6) (a) for items that
affect a condition of the license.
Note: 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.
(d) 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 be approved by the
department licensing representative.
Note: The licensing representative will notify
the licensee whether a plan of correction will be required and will provide the
plan of correction format with the notification.
(e) Any known convictions, pending charges,
or other offenses of the licensee, a provider, household member, or other
person subject to a child care background check, by the department's next
business day.
(f) Any incident
related to a child who leaves the premises of the center without the knowledge
of a provider or any incident that results in a provider not knowing the
whereabouts of a child in attendance at the center within 24 hours of the
incident.
(g) Any incident
involving law enforcement within 24 hours after the occurrence that:
1. Involves a licensee, a household resident
or an employee of the center 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 center.
2. Involves any
traffic-related incident where a person responsible for the violation
transports children in the care of the center.
(h) Any change in room usage, such as using
rooms not previously approved for use at least 20 working days prior to the
change. Changes in room usage shall be approved by the department prior to the
change.
(i) Any suspected abuse or
neglect of a child by a provider, volunteer, or household member that was
reported under sub. (8), including any incident that results in a child being
forcefully shaken or thrown against a hard or soft surface during the child's
hours of attendance, within 24 hours after the incident.
(im) Any prohibited actions specified in s.
DCF 250.07 (2) (c) by a provider, volunteer, or household member to a child in
care, within 24 hours after the incident.
Note: See also s. DCF 250.07 (2) for information
on guiding children's behavior and s. DCF 250.07 (6) (b) regarding recording
injuries in a center medical log,
(j) A change in transportation services at
least 5 calendar days prior to the change. A change in transportation services
shall be approved by the department.
(k) Statistical data required by the
department on forms provided by the department.
Note: The Department periodically requests
statistical data from licensees. An example of the type of data collected
relates to the immunization status of children in care. When the Department
requests statistical data, the Department will supply the appropriate
form.
(l) Temporary closings
lasting more than 2 weeks, at least 5 calendar days before the
closing.
(lm) Unexpected closures
lasting more than 2 weeks, within 24 hours after the center has been closed for
a 2-week period.
(m) Any confirmed
case of a communicable disease reportable under ch. DHS 145 in a child enrolled
in the child care center or a person in contact with children at the center,
within 24 hours after the center is notified of the diagnosis. The licensee
shall also notify the parents of all enrolled children and the local health
department within 24 hours after the center is notified of the
diagnosis.
(4) PARENTS.
(a) The center shall permit parents to visit
and observe the center's operations at any time during the center's hours of
operation unless parental access is prohibited or restricted by court
order.
(b) The licensee shall give
parents of each enrolled child a summary of this chapter.
Note: Copies of a summary of this chapter may be
obtained from the Child Care Information Center by calling
1-800-362-7353.
(c) The
licensee shall notify a parent of a child in care of all of the following
circumstances:
1. The child is or has been
exposed to a diagnosed or suspected communicable disease reportable under ch.
DHS 145 as specified under sub. (3) (m).
Note: The Department of Health Services,
Division of Public Health, has developed materials that identify those
communicable diseases that are required to be reported to a local public health
officer. These materials also provide information on the symptoms of each
disease and guidance on how long an infected child must be excluded from child
care. Copies of the communicable disease chart are available on the Department
of Health Services website at
https://www.dhs.wisconsin.gov/publications/p44397b.pdf.
2. Notification shall be made
immediately and shall provide sufficient detail to apprise the parent in all of
the following situations:
a. The child becomes
ill.
b. The child needs
professional evaluation of an injury.
c. The child experiences a head injury, has a
seizure, consumes incorrect breastmilk, consumes food or drink that may contain
the child's allergen, consumes or comes in contact with poisonous materials, or
is given incorrect medication. For purposes of this subdivision, a "head
injury" means a bump, blow, or jolt to the head.
d. The child's whereabouts are unknown to the
assigned provider.
e. The child was
subject to child guidance that is prohibited under s. DCF 250.07 (2) (c) and
(d).
3. The child has
sustained a minor injury that does not appear to require professional medical
treatment. Notification may be made when the child is picked up at the center
or delivered to the parent or other authorized person.
4. The child will be going on a field trip
that is not considered part of the regularly scheduled program. Notification of
the date, time, and destination shall be prior to the field trip.
(6) CHILDREN'S RECORDS.
(a) The licensee shall maintain a current
written record at the center on each child enrolled, including the provider's
own children under age 7, and shall make the record available to the licensing
representative on request. Each record shall include all of the following:
1. Enrollment information that includes all
of the following:
a. The name and birthdate of
the child.
b. The full names of the
child's parents.
c. The child's
home address and telephone number.
d. An address and telephone number where the
parent can be reached while the child is in care.
e. The name, address, telephone number, and
relationship to the child of a person to be notified in an emergency when a
parent cannot be reached immediately.
f. The name, address, and telephone number of
the child's physician or medical facility caring for the child.
g. The names, addresses, and telephone
numbers of persons other than a parent authorized to call for the child, pick
up the child, or accept the child who is dropped off.
h. The child's first day of attendance at the
center.
Note: The licensee may use either the
department's form, DCF-F-CFS0062, Child Care Enrollment, or
the licensee's own form. The department's form is available at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
1m. Health history
information that includes all of the following:
a. The name and birthdate of the
child.
b. The full names of the
child's parents.
c. A telephone
number where the parent can be reached while the child is in care.
d. The name, address, and telephone number of
the physician or medical facility caring for the child.
e. The child's medical conditions, such as
asthma, cerebral palsy, diabetes, epilepsy, food allergies, or gastrointestinal
or feeding concerns. If the child has a milk allergy, a statement from a
medical professional indicating an acceptable alternative for the
child.
f. If the child has a
medical condition, triggers that may cause a problem, signs or symptoms for the
provider to watch for, steps a provider should follow, when to call a parent
regarding symptoms, when the condition requires emergency medical care, and
identification of all providers who have received specialized training or
instructions to help treat symptoms.
Note: The licensee may use the department's
form, DCF-F-CFS2345 Health History and Emergency Care Plan, or
the licensee's own form for obtaining the information.
2. If field trips and other
off-premises activities are a part of the program, written authorization from
the parent indicating that the child has permission to participate.
Note: The department's form, Child Care
Enrollment, includes a blanket authorization to take children on field trips.
The department's form, Field Trip or Other Activity Notification, or another
type of notification such as a note to a parent may be used to provide specific
information about a field trip. Information on how to obtain department forms
is available on the department's website, http://dcf.wisconsin.gov, or from any
regional licensing office in Appendix A.
3. A written agreement, signed by the parent,
outlining the plan for a child to come to the center from school, home or other
activities and to go from the center to school, home or other activities unless
the child is accompanied by a parent or other authorized person or the child is
transported by the center.
Note: The licensee may use either the
department's form, Alternate Arrival/Release Agreement - Child Care, or the
licensee's own form for securing the parent's signed agreement. Information on
how to obtain the form is available on the department's website,
http://dcf.wisconsin.gov, or from
any regional licensing office in Appendix A.
4. Documentation of each child's most recent
physical examination subject to the following:
a. Each child under 2 years of age, including
a provider's own children in care, shall have an initial health examination not
more than 6 months prior to nor later than 3 months after being admitted to the
center, and a follow-up examination at least once every 6 months
thereafter.
b. Each child who is at
least 2 years of age but who is not 5 years of age or older, including a
provider's own children in care, shall have an initial health examination not
more than one year prior to nor later than 3 months after being admitted to a
center, and a follow-up health examination at least once every 2 years
thereafter.
c. Children 5 years of
age and above are not required to have a health exam.
d. A health examination report shall be made
on an electronic printout from a licensed physician, physician assistant, or
other EPSDT provider or a form provided by the department that is signed and
dated by a licensed physician, physician assistant, or other EPSDT provider.
Note: To document a health examination, use
either an electronic printout from a medical professional or the department's
Form DCF-F-CFS0060, Child Health Report - Child Care Centers.
The department's form is available at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
4m. Documentation that
the child's immunization history is in compliance with s.
252.04, Stats., and ch. DHS 144.
Note: To record immunization information, use
either an electronic printout from the Wisconsin Immunization Registry or other
registry maintained by a health provider or the Department of Health Services
Form F-44192, Child Care Immunization Record. The form is
available on the department's website at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
5. Written permission from the
parents under s. DCF 250.07 (6) (k) for medical attention to be sought for the
child if the child is injured.
(b) The licensee shall maintain a current,
accurate written record of the daily attendance that includes the actual time
of arrival and departure for each child and the child's birthdate. The record
shall be kept for the length of time the child is enrolled in the program.
Note: The licensee may use the department's
form, DCF-F-2438 Daily Attendance Record - Licensed Child Care
Centers, or the licensee's own form for recording a child's daily
attendance. The form is available at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(7) CONFIDENTIALITY.
(a) The licensee is responsible for
compliance by the center with s.
48.78, Stats., and this
subsection.
(b) The licensee shall
ensure that all of the following occur:
1.
Persons with access to children's records do not discuss or disclose personal
information regarding the children and facts learned about the children and
their relatives. This subdivision does not apply to any of the following:
a. The child's parent.
b. Any person, business, school, social
services provider, medical provider, or other agency or organization if written
parental consent has been given.
c.
Agencies authorized under s.
48.78,
Stats.
2. A parent, upon
request, has access to all records and reports maintained on his or her
child.
3. All records required by
the department under this chapter for licensing purposes are available to the
licensing representative.
(8) REPORTING CHILD ABUSE OR NEGLECT. A
licensee or provider who knows or has reasonable cause to suspect that a child
has been abused or neglected as defined in ss.
48.02(1) and
48.981(1),
Stats., shall immediately contact the county department of social services or
human services or local law enforcement agency in compliance with s.
48.981, Stats.
Note: Child care providers are required to
report known or suspected child abuse or neglect as specified in par. (a).
Reporting to the licensee does not lessen this legal duty if the licensee fails
to report as specified in par. (a).
See s. DCF 250.07 (6) (b) for information about logging
evidence of unusual bruises, contusions, lacerations, or burns received by a
child in or out of center care in the center medical log
book.
