(1) TERMS OF A
LICENSE.
(a) The number of children in care at
any one time may not exceed the licensed capacity of the center.
(b) The age of children served by a center
may not be younger or older than the age range specified in the
license.
(c) The hours, days and
months of a center's operation may not exceed those specified in the
license.
(2)
ADMINISTRATION. A group child care center licensee shall do all of the
following:
(a) Comply with all laws governing
the facility and its operation.
Note: Under the state public accommodation law
s. 106.52(3),
Stats., federal law related to use of federal funding, and some local
anti-discrimination ordinances, denying admission on the basis of race,
disability, religion, or certain other characteristics may be illegal.
(b) Comply with all requirements
of this chapter.
(bm) Comply with
all conditions placed on the license.
(c) Ensure that all information provided to
the department is current and accurate.
(d) If residing in another state, designate
in writing, as part of the application under s. DCF 251.11 (2) and (3), a
Wisconsin resident who is responsible on behalf of the licensee for ensuring
compliance with all requirements of this chapter.
(e) Meet, upon request of the department,
with a licensing representative on matters pertaining to the license.
(f) Prior to receiving or continuing a
license, complete all application forms and pay all fees and forfeitures due to
the department.
(g) Submit to the
department a certificate of insurance that meets the following conditions:
1. The certificate of insurance shall have
coverage dates for all of the following types of insurance:
a. General liability insurance with limits of
not less than $25,000 for each person and not less than $75,000 for each
occurrence.
b. Vehicle liability
insurance with minimums not less than the amounts specified under s.
121.53, Stats., if
transportation is provided by the center.
c. Vehicle liability insurance for non-owned
vehicles with minimums not less than the amounts specified under s.
121.53, Stats., if
transportation is provided in vehicles that are not owned by the center and are
not public transportation vehicles or chartered vehicles.
2. The certificate of insurance shall
indicate that pets are included in the liability coverage if cats or dogs are
permitted in areas of the center accessible to children during the hours of
operation.
(h) Develop,
submit to the department, and implement written policies consistent with the
requirements of this chapter on all of the following subjects:
1. Fee payments and refunds.
2. Personnel, 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 contain a procedure
that requires staff to notify the licensee and the licensee to notify the
department as soon as possible but no later than the next business 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 substantiated
governmental finding against them for abuse or neglect of a child or adult or
for misappropriation of a client's property.
d. When a professional license held by an
employee has been denied, revoked, restricted or otherwise limited.
3. Discharge of enrolled
children.
4. Admission.
5. Health care. If the center is licensed to
care for children under one year of age, the policies shall include procedures
to reduce the risk of sudden infant death syndrome.
6. Education.
7. Nutrition, including accommodating
children with food allergies.
8.
Child guidance, including appropriate ways to manage crying, fussing, or
distraught children.
9. Emergency
plans to be followed in the event of a fire, tornado, missing child, or other
emergency.
10. Continuing education
for staff.
11. Orientation of new
staff and volunteers.
12.
Transportation, if the center will transport children either on field trips or
on a regular schedule. The policy shall include a procedure to ensure that no
child is left unattended in a vehicle.
(j) Ensure that all published statements such
as brochures and publicity releases are accurate.
(k) Post the child care license near the
entrance or in some other conspicuous area of the center that is visible to the
public.
(l)
1. Post next to the child care license all of
the following:
a. The current licensing
statement of compliance or a 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 regarding 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 posted shall be visible to
parents.
(m) 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.
(n) Submit to the
department by the department's next business day a completed background check
request form if any of the following occurs:
1. A change in the board president or
chairperson.
2. A corporation or
limited liability company designates a new person to be subject to the
background check.
3. A household
member turns 18 years of age, unless the household member has previously
submitted a background check request form.
4. A household member turns 10 years of
age.
(o) Submit to the
department a completed background check request form for each potential
household member prior to the date on which the person becomes a household
member, unless the person is less than 10 years of age.
Note: The Background Check
Request form is available electronically through the Child Care
Provider Portal or at https://dcf.wisconsin.gov/forms.
A paper version is available from any regional licensing office listed in
Appendix A.
(p) Submit a
current delegation of administrative authority signed by the licensee that
outlines the organizational structure and designates, in a chain of command
form, those persons on the premises in charge of the center for all hours of
operation.
(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 either the
department's form, Incident Report - Child Care Centers, or
the licensee's own form to report incidents or accidents. The form is available
on the department's website at
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
department's form, Incident Report - Child Care Centers, or
the licensee's own form to report the death of a child in care. The
department's form is available at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(ar) Any injury caused by an animal
to a child in care, within 24 hours after 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) A change in the
administrator or center director of a child care center, within 30 days after
the change.
(d) A change of any
program services, including expected temporary closures lasting more than 2
weeks, at least 5 days prior to the change.
(dm) Unexpected closures lasting more than 2
weeks, within 24 hours after the center has been closed for a 2-week
period.
(e) Statistical data
required by the department on forms provided by the department.
(f) 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 if a plan of correction is required and provide the plan of
correction format with the notification.
(g) Any known convictions, pending charges,
or other offenses of the licensee, group child care center employees, or other
person subject to a child care background check that could potentially relate
to the care of children at the center or activities of the center by the
department's next business day.
(h)
Any change in room usage, such as changing the way rooms are primarily used by
children or 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 incident related to a child who leaves the premises of the center without
the knowledge of the 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 occurrence.
(j) Any
suspected abuse or neglect of a child by an employee or volunteer that was
reported under s. DCF 251.04 (8), including any incident that results in a
child being forcefully shaken or thrown against a surface, hard or soft, during
the child's hours of attendance, within 24 hours after the
occurrence.
(jm) Any prohibited
actions specified in s. DCF 251.07 (2) (e) by an employee or volunteer to a
child in care, within 24 hours after the incident.
(k) 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.
(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 provided in writing before the construction or remodeling begins.
Note: See s. DCF 251.11 (5) (a) for items that
affect a condition of the license.
Note: Alterations, additions, or changes of use
to commercial buildings may require submittal of plans to and approval by the
Department of Safety and Professional Services or its agent before commencing
construction. It is recommended that an architect or engineer be consulted
prior to the beginning of any construction or remodeling to determine whether
plans must be submitted.
(m)
Any confirmed case of a communicable disease reportable under ch. DHS 145 in a
child enrolled at the 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 local health department within 24 hours after
the center is notified of the diagnosis.
(n) Any change in meal preparation
arrangements, at least 5 calendar days before the change. Centers adding meal
preparation after an initial license has been issued shall document compliance
with building codes related to kitchens before beginning to prepare meals on
the premises.
(o) Any change in
transportation services, at least 5 calendar days prior to the
change.
(4) PARENTS.
(a) The center administrator shall notify the
parents of an enrolled child of all of the following:
1. The child has been exposed to a confirmed
case of a communicable disease reportable under ch. DHS 145 and transmitted
through normal contact. Notification shall occur when the information becomes
known to the center.
2.
Notification shall be made immediately and shall provide sufficient detail to
reasonably 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
subd. 2. c., 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 251.07 (2) (e) and
(f).
3. The child has
sustained a minor injury that does not appear to require professional medical
evaluation. 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 part of the regularly scheduled program. Notification of the date,
time, and destination shall be prior to the field trip.
(b) The center shall permit parents to visit
and observe at any time during the center's hours of operation, unless access
is prohibited or restricted by court order.
(c) The center shall offer conferences at
least twice each year for parent and staff communication regarding the child's
adjustment to the program and the child's growth and development.
Note: When a child care worker or a parent has
concerns about a child's growth or development, a referral to a Birth-to-Three
agency or the local public school should be considered to determine if the
child is eligible for special services. Wisconsin has an information and
referral service for persons with questions or concerns about a child's
development called Well Badger Resource Center that is available to the public
24 hours a day, 7 days a week. When a call is placed to Well Badger Resource
Center at 1-800-642-7837, the caller will learn about early intervention
services, as well as other related services in the area.
(d) The center shall notify parents of any
religious training that is part of the center's program. The reference to the
religious component shall be included in any publicity and in the education
policy.
(e) The center shall
provide a summary of this chapter to the parents of each child upon the child's
enrollment.
Note: Copies of a summary of this chapter may be
obtained from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.
(f) A copy of this chapter shall
be posted or available in an area of the center where parents are likely to see
it.
(g) A copy of the child care
policies of the center shall be made available to the parents in an area of the
center accessible to parents. Personnel policies need not be
included.
(6) CHILDREN'S
RECORDS.
(a) The licensee shall maintain a
current written record obtained prior to the child's first day of attendance or
subsequent re-enrollment at the center on each child enrolled and shall make
the record available to the licensing representative on request. Each record
shall include all of the following:
1.
Enrollment information consisting of:
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 a 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
a 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 or to accept
the child who is dropped off.
h.
The child's first day of attendance at the center.
2. Written consent from the parent for
emergency medical care or treatment.
Note: 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 the department's form is available on the department's website,
http://dcf.wisconsin.gov, or from
any regional licensing office in Appendix A.
4. Authorization from the parent for the
child to participate in field trips and other off-premises activities, if these
are part of the center's program.
Note: The licensee may use either the
department's form, Field Trip or Other Activity
Notification/Permission, the department's form, Child Care
Enrollment, or the licensee's own form for securing parental
permission. Forms are available on the department's website,
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
5. Authorization from the parent
outlining the plan for a child to come to the center from school, home or other
activities or to go from the center to school, home or other activities unless
the child is accompanied by a parent or other authorized person or transported
by the center.
Note: 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 authorization. Information on
how to obtain the department's form is available on the department's website,
http://dcf.wisconsin.gov, or from
any regional licensing office in Appendix A.
6. Health history information that includes
all 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.
f. If the child has a medical condition,
triggers that may cause a problem, signs or symptoms for the child care worker
to watch for, steps a child care worker should follow, when to call a parent
regarding symptoms, when the condition requires emergency medical care, and
identification of all child care workers 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.
6m. Documentation that indicates
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 care 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.
7. Specific informed written
consent from the parent for each incident of participation by a child in any
research or testing project.
Note: 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 the department's form is
available on the department's website, http://dcf.wisconsin.gov, or from any
regional licensing office in Appendix A.
8. Documentation of each child's most recent
physical examination in accordance with the following schedule:
a. Each child under 2 years of age shall have
an initial health examination not more than 6 months prior to nor more 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 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 older 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 on 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.
(b) The
licensee shall maintain a current, accurate written record of the daily
attendance and date of birth of each child for the length of time the child is
enrolled in the program. The actual time of arrival and departure for each
child shall be recorded if hours of arrival and departure vary among children.
Note: The form, Daily Attendance Record - Child
Care, may be used to record a child's daily attendance. Information on how to
obtain the department's form is available on the department's website,
http://dcf.wisconsin.gov, or from
any regional licensing office in Appendix A.
(c) If children are transported by the center
to or from the child's home or school, the licensee shall maintain a daily
attendance record that includes the actual time the child was picked up or
dropped off.
(7)
CONFIDENTIALITY. The licensee is responsible for the compliance of child care
center employees and volunteers with s.
48.78, Stats., and this
subsection. The licensee shall ensure that:
(a) Persons having 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 does not apply
to:
1. The parent or a person authorized in
writing by the parent to receive the information.
2. Any agency assisting in planning for the
child when informed written parental consent has been given.
3. Agencies authorized under s.
48.78,
Stats.
(b) A parent, upon
request, has access to all records and reports maintained on his or her
child.
(c) 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, employee or volunteer at a child care center 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 a local law enforcement agency, as required by s.
48.981, Stats.
Note: Child care workers are required to report
known or suspected child abuse or neglect as specified above. Reporting to the
licensee does not lessen this legal duty if the licensee fails to report as
specified above. Information related to child abuse or neglect may be obtained
from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.
See s. DCF 251.04 (3) (j) on reporting suspected abuse of a
child by a staff member to the
department.
