Wisconsin Legislature: 001 - EmR1918 Rule Text

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At least 2 credits in early childhood education or a department-approved noncredit course in caring for child,

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A department-approved noncredit course in operating a child care business or an equivalent.

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Training in child abuse and neglect laws and identifying, documenting, and reporting child abuse and neglect.

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Certification in infant and child cardiopulmonary resuscitation (CPR).

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Each year 5 hours of continuing education is required in topics specified in s. 48.651 (1d), Stats., and 45 CFR 98.41 (a) (1). Previously, each certification agency had discretion to impose an annual continuing education requirement of up to 5 hours.

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Incorporate the requirements in 45 CFR 98.41 on emergency preparedness and response planning for an emergency resulting from a natural disaster or a human-caused event, such as violence in the child care home. A certified operator is required to have a written plan that includes procedures for evacuation, relocation, shelter-in-place, and lock down; communication and reunification with families; continuity of operations; and accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions.

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Ensure appropriate precautions when transporting children by clarifying the current transportation rules and creating the following provisions:

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A driver transporting children in care may not use a cell phone and other wireless device, unless the vehicle is out of traffic, not in operation, and the phone or device is used to communicate regarding an emergency.

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Prior to the day a driver first transports children in care, the operator shall submit to the certification agency a copy of the driving record for the driver and obtain approval of the driver from the certification agency.

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Prior to a driver transporting children in care for the first time, the certified child care operator shall review various safety-related requirements with the driver.

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A driver shall be at least 18 years of age and have at least one year of experience as a licensed driver.

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A child’s emergency contact information shall be carried in the vehicle when the child is being transported.

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Smoking is prohibited in a child care vehicle while children are being transported.

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The vehicle shall be clean, uncluttered, and enclosed. No children may be transported in a truck, except in the cab.

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Passenger doors shall be locked at all times when the vehicle is moving.

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Reorganize and clarify rules regarding the process for certification agencies administering certification, including sections related to applications, background checks, monitoring, enforcements, and complaints. Background check provisions are updated to include the CCDBG requirements.

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Incorporate the federal requirement that agencies conduct annual unannounced monitoring visits of certified family child care operators during hours of operation. Monitoring visits of operators that are providing care in the child’s home may be planned in advance and are not required to be during hours of operation.

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Require that a certified child care operator be an individual and not a corporation, partnership, limited liability company, non-incorporated association, or cooperative. No corporation, partnership, limited liability company, non-incorporated association, or cooperative that is a certified child care operator will be allowed to apply for recertification. An individual may apply or reapply for certification.

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This requirement prevents an ineligible person from setting up a “strawman” or “shell corporation” and fraudulently obtaining certification.

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This provision does not affect an operator’s ability to incorporate or otherwise form a business entity for other legal or tax reasons.

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Repeal a certification agency’s discretion to limit certification to operators that have a high school diploma or GED.

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Repeal the requirement that an operator in a rental property obtain permission from the landlord as a condition of certification.

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Repeal school-age certification under s. DCF 202.09. There are currently 4 school-age certified programs in the state, and only 3 of the programs are active. An operator of an existing school-age program may apply for licensure to continue eligibility for child care subsidy payments.

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Consolidate requirements related to health into one section.

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Consolidate requirements related to equipment and furnishings into one section.

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Incorporate the state statutory requirements for vehicle liability insurance under s. 344.62, Stats., and carbon monoxide detectors under s. 101.149, Stats.

Changes Affecting Chapters DCF 250, Family Child Care Centers; DCF 251, Group Child Care Centers; and DCF 252, Day Camps for Children

The emergency rule revises chs. DCF 250, 251, and 252 to do the following:

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Update background check provisions to conform to CCDBG requirements and s. 48.686, Stats.

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Amend the existing emergency preparedness and response planning rule to comply with 45 CFR 98.41 and require that a licensee’s written emergency plan includes procedures for evacuation, relocation, shelter-in-place, and lock down; communication and reunification with families; continuity of operations; and accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions.

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Ensure appropriate precautions when transporting children by clarifying the current transportation rules and creating the following provisions:

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Before a driver transports children in care for the first time, the licensee shall review various safety-related requirements with the driver.

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Consolidate all rules on supervision of children and staff-to-child ratios and maximum group size into one section. No change is made to the current staff-to-child ratios or maximum group size requirements.

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Eliminate duplicative provisions and consolidate rules on the following topics:

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Personal hygiene requirements, especially handwashing.

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Medical logs books.

DCF 250, Licensing Rules for Family Child Care Centers

The emergency rule revises ch. DCF 250, Family Child Care Centers, to do the following:

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Amend the existing preservice or orientation training and continuing education requirements to comply with 45 CFR 98.44 as follows:

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Within 3 months after obtaining a license or beginning to work with children in care, providers must obtain certification in infant and child cardiopulmonary resuscitation (CPR). CPR certification is currently required within 6 months after licensure or beginning work.

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Add continuing education topics to correspond to the list of health and safety standards that providers are required to maintain and update under 45 CFR 98.44 (b) (2) (i) and 45 CFR 98.41 (a) (1).

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Consolidate all requirements for staff into one section, including staff files, qualifications, and professional development requirements, and create alternative ways to meet the qualifications with the Wisconsin Family Child Care Credential or a child development associate credential in family child care.

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Require that a family child care licensee be an individual and not a corporation, partnership, limited liability company, non-incorporated association, or cooperative. No corporation, partnership, limited liability company, non-incorporated association, or cooperative will be allowed to apply for continuation of a license. When the current licensing period ends for the corporation, partnership, limited liability company, non-incorporated association, or cooperative that is a licensee, an individual may apply for licensure.

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This provision is needed because individuals who were ineligible for licensure due to fraud in the child care subsidy program or convictions for other barred crimes have set up “strawmen” or “shell corporations” in the name of a friend or relative and fraudulently obtained a license, operated a child care center, and received child care subsidy payments.

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This provision does not affect a licensee’s ability to incorporate or otherwise form a business entity for other legal or tax reasons. It merely requires the individual actually responsible for the center to be the licensee.

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Increase the number of hours that an individual provider in a family child care center may provide care for children from 12 hours to 16 hours in a 24-hour period and no longer allow a licensed family child care center under ch. DCF 250 and a certified family child care home under ch. DCF 202 to operate on the same premises.

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Currently, a certified provider may care for children for up to 16 hours in 24-hour period, while a licensed provider may only care for children for up to 12 hours in a 24-hour period.

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There are almost 80 providers that are both licensed and certified. These providers care for children as a licensed provider for 12 hours and as a certified provider for an additional 4 hours.

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This dual regulation creates overlapping roles and responsibilities for certification agencies and the department, as well as complex compliance and enforcement issues and costly automation needs.

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Allowing licensed providers to care for children for up to 16 hours in a 24-hour period will provide continuity under the more stringent health and safety rules of licensure and meet parents’ needs for child care during standard and nonstandard hours.

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The department will be contacting the dually-regulated providers during the summer of 2019 to inform them of this upcoming change. Licensees will be able to expand their licensed hours of operation to 16 hours in a 24-hour period effective September 30, 2019, when the department’s corresponding emergency rule including this provision is expected to be effective.

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Consolidate the rules on information required to be in a child’s file.

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Incorporate the state statutory requirements for vehicle liability insurance under s. 344.62, Stats., and carbon monoxide detectors under s. 101.149, Stats.

DCF 251, Licensing Rules for Group Child Care Centers

The emergency rule revises ch. DCF 251, Group Child Care Centers, to do the following:

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Amend the existing preservice or orientation training and continuing education requirements to comply with 45 CFR 98.44 as follows:

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Additional continuing education topics are added to correspond to the list of health and safety standards that providers are required to maintain and update under 45 CFR 98.44 (b) (2) (i) and 45 CFR 98.41 (a) (1).

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Allow centers to move infants and toddlers between groups of children to accommodate staffing needs. Infants and toddlers are still required to have a consistent caregiver in a consistent room, but a center may move children to accommodate staffing needs.