Current through August 26, 2024
(1) LICENSING
PROCEDURES.
(a) A person making an inquiry to
the department about obtaining a license to operate a day camp shall be
provided with all of the following:
1. A copy
of this chapter.
2. Written
procedures on how to obtain a day camp license.
2m. A copy of the background check request
form.
3. An opportunity to meet
with a licensing representative to discuss the materials.
4. The necessary forms if licensing is
desired.
5. Assistance to complete
the licensing process by a licensing representative.
Note: A packet of materials, including the
Initial License Application - Day Camps for Children, is available from any of
the regional offices listed in Appendix A.
(b) An applicant shall submit an application
and other materials required for day camp licensure and license continuation on
forms provided by the department at least:
1.
Sixty days prior to the date proposed for the camp to begin
operating.
2. Thirty days prior to
the end of the current license continuation period.
(c) An applicant for an initial day camp
license or a licensee continuing a regular license shall complete all forms
truthfully and accurately, pay all fees and forfeitures due to the department,
and submit all of the following materials to the department:
1. A clearly defined statement of purpose as
it relates to the provision of child care services.
2. A signed statement by the applicant or
licensee accepting legal responsibility for complying with this
chapter.
3. The articles of
incorporation and by-laws if the camp is organized as a corporation,
association or cooperative or, if the licensee is a limited liability company,
a copy of the articles of organization and the operating agreement, if
any.
4. A signed authorization
which permits the department to make whatever investigation it considers
necessary for the verification of pertinent application information.
5. A general description of the camp area,
geographic location and size of the base camp or the proposed itinerary of
field trips if a program will consist primarily of field trips.
6. 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 persons on the premises in charge of the camp for all
hours of operation.
7. The name,
address, and telephone number of the person to be contacted by the licensing
representative for the pre-camp licensing review.
8. A statement from the state laboratory of
hygiene or a state approved laboratory indicating that the water from a private
well providing drinking water has been tested and found to be safe.
9. The license fee required under s.
48.65,
Stats., applicable fees for child care background checks under s.
48.686,
Stats., any unpaid forfeiture under s.
48.715(3) or
49.155(7m) (a) 3, Stats., and any unpaid penalty under
s.
48.76, Stats.
10. For an initial license application, a
completed background check request form for the applicant and if the camp will
be located in a residence, any household member 10 years of age and
above.
Note: The background check request form is used
for reporting background information. Information on how to request a
background check is available on the department's website
http://dcf.wisconsin.gov.
11. A statement from the applicant that
indicates the camp is in compliance with this chapter.
12. A copy of all the policies required under
s.
DCF 252.41(1) (f) and a completed copy of
the day camp policy checklist on a form provided by the department.
Note: Information on how to obtain a copy of the
form, Policy Checklist - Day Camp, is available on the department's website
http://dcf.wisconsin.gov, or from
any of the regional offices in Appendix A.
13. The test results from the water on any
beach on the premises of the camp that will be used for waterfront activities
by the children in care.
14. A
report indicating that any building used primarily for day camp purposes is in
compliance with applicable commercial building codes.
15. Any other materials determined by the
department as necessary to complete the department's licensing
investigation.
(d) Upon
submission of a complete application, a licensing representative shall conduct
an investigation to determine whether the applicant is eligible for a
license.
(e) If the department
determines that the applicant for an initial license is eligible for a license,
the department shall issue a probationary license having a 6-month duration. A
probationary license may be renewed for one 6-month period.
(f) If the department determines that an
application for an initial license does not comply with the applicable
requirements of this chapter or the department's investigation determines that
the applicant is not eligible for a license, the department may deny the
application.
(g) A regular license
shall be valid indefinitely, unless suspended or revoked by the department or
surrendered by the licensee. The department shall review a regular license
every 2 years after the date of issuance.
(h) If the department determines that the
licensee continuing a regular license has met the minimum requirements for a
license under this chapter has paid the applicable fees referred to in ss.
48.65 and
48.686,
Stats., any unpaid forfeiture under s.
48.715(3) (a) or
49.155(7m) (a) 3, Stats., and any unpaid penalty under
s.
48.76, Stats., the
department shall continue the license for an additional 2 years.
(i) The department may refuse to issue or
continue a license if another child care center or day camp operated by the
licensee is in substantial non-compliance with the licensing rules or has any
outstanding forfeiture or penalty.
(j) The department may not process an
application for a license if the applicant has had a child care license under
s.
48.65,
Stats., or a child care certification under s.
48.651,
Stats., revoked or denied within the last 2 years. No person may submit an
application for a licensee and no licensee may hire a person who had a child
care license revoked or denied within the previous 2 years.
(k) The department shall consider a licensee
who fails to submit any of the materials described in par. (c) by the
expiration or continuation date of a license to have surrendered his or her
license and to no longer hold title to the license. The former licensee may not
continue to operate the day camp.
(2) AMENDMENT TO LICENSE. A written request
for an amendment to the license shall be submitted to the department by the
licensee before changes are made in the conditions of the current license such
as a change in the licensed capacity of the camp, age range of children, hours,
days of the week, months of the year in operation or change in the name of the
camp.
(3) TERMS OF LICENSE.
(a) The number of children under 7 years of
age in care of the center at any one time may not exceed the number for which
the center is licensed.
(b) The age
of children served may not be younger or older than the age range specified in
the terms of the license.
(c) The
hours, days and months of a center's operation may not exceed those specified
in the license.
(4)
ADDITIONAL LICENSE. A licensee seeking licensure for an additional day camp or
child care center location shall demonstrate compliance with applicable parts
of this chapter in the operation of the existing center. The licensee shall pay
any fines, forfeitures or other fees due to the department under s.
48.715,
Stats., on other facilities licensed by the department before the department
issues an additional license.
(5)
CONDITION OF LICENSURE. The department may deny a license or may suspend or
revoke a license, initiate other enforcement actions specified in this chapter
or in ch. 48, Stats., or place conditions on a license if the licensee,
applicant or proposed or current employee, volunteer, household member or any
other person having regular contact with children is, or has been any of the
following:
(a) The subject of a pending
criminal charge if the charge substantially relates to the care of children or
activities of the camp.
(b)
Convicted of a felony, misdemeanor or other offense which substantially relates
to the care of children or activities of the camp.
(c) Determined to have abused or neglected a
child pursuant to s.
48.981,
Stats., or has been determined to have committed an offense which substantially
relates to the care of children or the activities of the camp.
(d) The subject of a court finding that the
person has abandoned his or her child, has inflicted sexual or physical abuse
on a child or has neglected or refused, for reasons other than poverty, to
provide necessary care, food, clothing, medical or dental care or shelter so as
to seriously endanger the physical health of a child.
(e) The subject of a substantiated finding of
misconduct in the department's nurse aide registry under s.
DHS 129.10.
(f) Had a child care center license, day camp
license or certification revoked or denied within the last 5 years.
(g) Violated any provision of this chapter or
ch. 48, Stats., or fails to meet the minimum requirements of this
chapter.
(h) Made false statements
or withheld information.
(6) SUMMARY SUSPENSION OF A LICENSE.
(a) Under the authority of s.
227.51(3),
Stats., the department may order the summary suspension of a license and,
therefore, close a day camp when the department finds the public health, safety
or welfare requires emergency action and incorporates a finding to that effect
into its order. A finding of the requirement for summary suspension of the
license may be based on any of the following:
1. Failure of the licensee to provide
environmental protections for the children such as heat, water, electricity or
telephone service.
2. The licensee,
an employee, a volunteer, a household member or any other person in regular
contact with the children in care has been convicted of or has a pending charge
for a crime against life or bodily injury.
3. The licensee, an employee, a volunteer, a
household member or any other person in regular contact with the children in
care has been convicted of a felony, misdemeanor or other offense or has a
pending criminal charge which substantially relates to the circumstances of
caring for children or activities of the camp.
4. The licensee, an employee, a volunteer, a
household member or any other person in regular contact with the children in
care is the subject of a current investigation for alleged child abuse or
neglect pursuant to s.
48.981,
Stats., or has been determined by a child protected services agency or law
enforcement agency to have abused or neglected a child.
Note: Examples of actions the department will
consider in making determinations under s. DCF 252.05(5) and (6), are: abuse
and neglect of children; sexual assault; abuse of residents of facilities;
crimes against life and bodily security; kidnapping; abduction; arson of
buildings or property other than buildings; robbery; receiving property from
children; crimes against sexual morality, such as enticing a minor for immoral
purposes or exposing minors to harmful materials and interfering with the
custody of a child. The list is illustrative. It is not all-inclusive of the
types of offenses that may be considered.
5. The licensee or a person under the
supervision of the licensee has committed an action or has created a condition
relating to the operation or maintenance of the day camp that directly
threatens the health, safety or welfare of any child under the care of the
licensee.
(b) An initial
order summarily suspending the license and closing a day camp may be a verbal
order by a licensing representative. The department shall within 72 hours of
the closing either permit the reopening of the center or initiate proceedings
in accordance with s.
227.51(3),
Stats., for the revocation of the license to operate. A preliminary hearing on
the revocation shall be conducted by the department of administration's
division of hearings and appeals within 10 working days after the date of the
initial order to close on the issue of whether the license shall remain
suspended during revocation proceedings.
(7) LICENSE DENIAL OR REVOCATION.
(a) The department may deny or revoke a
license, initiate other enforcement actions specified under this chapter or
under ch. 48, Stats., or place conditions on a license if the applicant or
licensee, a proposed or current employee, a volunteer or any other person
having regular contact with the children, is any of the following:
1. The subject of a pending criminal charge
for an action that substantially relates to the care of children or activities
of the camp.
2. Convicted of a
felony, misdemeanor or other offense that substantially relates to the care of
children or activities of the camp.
3. Determined to have abused or neglected a
child pursuant to s.
48.981,
Stats., or has been determined to have committed an offense which substantially
relates to the care of children or the activities of the camp.
4. The subject of a substantiated finding of
misconduct in the department's nurse aide registry under s.
DHS 129.10.
5.
The subject of a court finding that the person has abandoned his or her child,
has inflicted sexual or physical abuse on a child or has neglected or refused,
for reasons other than poverty, to provide necessary care, food, clothing,
medical or dental care or shelter for his or her child or ward or a child in
his or her care so as to seriously endanger the physical health of the
child.
6. Determined to have had a
child care center license, day camp license or certification revoked or denied
within the last 5 years.
7.
Determined to have violated any provision of this chapter or ch. 48, Stats., or
fails to meet the minimum requirements of this chapter.
8. Determined to have made false statements
or withheld information.
(b) The department may deny, revoke, refuse
to renew or suspend a license, initiate other enforcement actions specified in
this chapter or in ch. 48, Stats., or place conditions on the license if the
applicant or licensee is not fit and qualified as determined under sub. (10)
(a).
Note: See
DCF 252.04(13m) for the definition of fit
and qualified. Examples of charges, actions or offenses the department will
consider in making a determination under this paragraph that an act
substantially relates to the care of children include but are not limited to:
abuse or neglect of a child; sexual assault; abuse of a resident of a facility;
a crime against life and bodily security; kidnapping; abduction; arson of a
building or of property other than a building; robbery; receiving stolen
property from a child; a crime against sexual morality, such as enticing a
minor for immoral purposes or exposing a minor to harmful materials,
interfering with the custody of a child; or civil or criminal actions
demonstrating an inability to manage financial resources or activities of the
camp. The list is illustrative. Other types of offenses may be
considered.
(c) The
department may not license a person if the department has received
certification pursuant to s.
49.857(2),
Stats., from the department of workforce development that the applicant or
licensee has failed to pay court-ordered payments of child or family support or
expense related to the support of a child or former spouse or has failed to
comply with a subpoena or warrant issued by the department of workforce
development or a county child support agency related to paternity or child
support proceedings. Notwithstanding s.
48.72, Stats.,
an action taken under this subsection is subject to review only as provided
under s.
49.857,
Stats., and not as provided in s.
48.72,
Stats.
(d) The department may not
license a person if the department has received certification pursuant to s.
73.0301,
Stats., from the department of revenue certifying that the applicant or
licensee has a delinquent tax liability. An action taken under this paragraph
is subject to review only as provided under s.
73.0301(5),
Stats., and not as provided in s.
48.72,
Stats.
(8) EFFECT OF
NOTICE TO REVOKE OR DENY A LICENSE.
(a)
1. If the department decides under sub. (7)
to deny a license or to revoke a license, the department shall notify the
applicant or licensee in writing of its decision and the reasons for that
decision.
2. If the department
revokes a license, the effective date of the revocation shall be either
immediately or 30 days after the date of the notice, based on the criteria
under s.
48.715(4m) (a) and (b), Stats., unless the decision is appealed
under sub. (9).
(b) Upon
receipt of the notice under par. (a) and during any revocation or denial
procedures that may result, a day camp may not accept for care any child not
enrolled and in care as of the date of receipt of the notice without the
written approval of the department.
(9) APPEAL OF DECISION TO DENY OR REVOKE A
LICENSE. Any person aggrieved by the department's decision to deny a
probationary or regular license or to revoke a license may request a hearing on
that decision under s.
227.42, Stats.
The request for a hearing shall be in writing and submitted to the department
of administration's division of hearings and appeals. The request for a hearing
shall be sent to the division of hearings and appeals within 10 days after the
date of the notice under sub. (8). A request for a hearing is considered filed
upon its receipt by the division of hearings and appeals. A request for a
hearing transmitted by facsimile to the division of hearings and appeals shall
be considered filed on the date and time imprinted by the division's facsimile
machine on the transaction report that accompanies the document. Documents
received by facsimile after midnight local time shall be deemed filed on the
first following business day.
Note: A request for a hearing may be mailed to
Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or
faxed to (608) 264-9885. A copy of the request should be sent to the
appropriate regional licensing office listed in Appendix A.
(10) GENERAL CONDITIONS FOR APPROVAL OF A
LICENSE.
(a) Persons licensed to operate a
day camp shall be responsible, mature individuals who are fit and qualified. In
determining whether an applicant is fit and qualified, the department shall
consider any history of civil or criminal violations or other offenses
substantially related to care of children by the applicant, owner, manager,
representative, employee, camp resident, or other individual directly or
indirectly participating in the operation of the day camp. A determination of
being unfit and unqualified includes substantiated findings of child abuse or
neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or
under similar statutes in another state or territory whether or not it results
in a criminal charge or conviction.
(b) The department shall issue a day camp
license to an applicant within 60 working days after receipt and department
approval of a properly completed application, satisfactory department
investigation and determination that the applicant is fit and qualified.
Continued licensure requires a licensee to remain fit and qualified.
Note: See
DCF 252.04(13m) for the definition of
"fit and qualified."
(c) A
facility that provides care on a regular basis to 4 or more children under the
age of 7 years shall be deemed to be providing care for compensation and shall
be licensed.
(d) Prior to receiving
a license, an applicant for a license under this chapter shall complete all
application forms truthfully and accurately and pay all fees and forfeitures
due to the department.
(e) The
department may refuse to issue or continue a license if another program
operated by the licensee is in substantial non-compliance with the licensing
rules or has any outstanding fines or forfeitures.
(f) If the department has reason to believe
that the physical or mental health of any person associated with the care of
children at the camp or any household member of the camp might endanger
children in care, the department may require that a written statement be
submitted by a physician or, if appropriate, by a licensed mental health
professional that shall certify the condition of the individual and the
possible effect of that condition on the day camp or children in
care.
(g) The department may deny
or revoke the license if the examination specified under par. (f) gives the
department reasonable concern for the care of children.
(h) The department may not process an
application for a license if the applicant has had a license or certification
to operate a day camp or child care center revoked or denied within the last 2
years. An applicant is deemed ineligible to submit an application for a license
and a licensee may not hire an employee within 2 years from the date an
applicant or employee had a child care or day camp license or certification
revoked or denied.
(i) The
department shall consider a licensee who fails to submit any of the materials
described in sub. (1) (c) by the expiration or continuation date of a license
to have surrendered his or her license and to no longer hold title to the
license. The former licensee may not continue to operate the day camp.
