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b. The age of the children in care may not be younger or older than the age range specified.
c. The hours, days and months of operation may not exceed those specified. Care provided in excess of the specified hours is unregulated.
d. The certification is non-transferrable, is granted only to the designated operator, and is limited to the stated location.
(b) Reports. A certified child care operator shall report all of the following to the certification agency as soon as possible, but no later than the certification agency’s next working day:
1. An accident or incident that occurs while a child is in care of a provider resulting in an injury requiring professional medical evaluation.
2. The death of a child in care of a provider.
3. 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 service.
4. Construction or remodeling of the premises that has the potential to affect an area accessible to children or have an effect on health and safety of children in care.
5. Known convictions, pending charges, or other offenses of the child care operator, household member, or other person subject to the child care background check.
6. Involvement by law enforcement in response to any of the following:
a. A threat to cause physical or serious emotional harm to any individual, including a child in care, by the operator, a household member, or other person subject to the child care background check.
b. A moving violation by a driver that transports children in care, regardless of whether the children are present at the time of the violation.
7. Suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub. (14), 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.
8. A prohibited action specified under sub. (7) (b) by a provider, volunteer, or household member.
9. An injury caused by an animal to a child in care.
10. The operator intends to hire a new employee or volunteer.
11. A current household member turns 10 years of age.
12. The operator’s tax identification number changes or the legal name associated with the tax identification number changes.
13. A name change by a person subject to the child care background check.
(c) New household member. A certified family child care operator shall submit a completed background check request form to the department or certification agency for each potential household member 10 years of age or older prior to the date on which the person becomes a household member.
(d) Approval for changes. An operator shall submit a request to the certification agency if the operator wishes to change any of the following:
1. The hours, days, or months that the operator provides care.
2. The name of the operator’s child care program.
3. The operator’s phone number.
4. The operator’s physical address.
5. Transportation services.
(e) Plan of correction.
1. If requested by the certification agency, an operator shall submit a plan of correction for cited violations of this chapter, ch. DCF 13, or s. 48.686, Stats., to the certification agency by the date the agency specifies.
2. The operator shall submit a revised plan of correction to the agency if the initial plan is not accepted by the agency.
(f) Approval required before working in program. A provider, substitute, employee, or volunteer for a certified child care operator shall be approved by the certification agency before the person begins working in the certified child care program. The certification agency may approve the provider, substitute, employee, or volunteer if the agency has verification that the individual has met the standards under sub. (1) (a) and (b) and has been determined eligible by the department under s. 48.686 (4p), Stats., and s. DCF 13.06.
(2)Certified family child care operator’s home. A certified family child care operator’s home and play area shall meet all of the following requirements:
(a) Exits to the home shall comply with the following:
1. All exits shall be clear of obstruction.
2. Each floor or level used for child care shall have at least 2 exits.
3. The primary exit shall be a door or a stairway providing unobstructed travel to the outside of the building at street or ground level.
4. If the care is not provided in a basement, the secondary exit shall be one of the following:
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
b. A door or stairway leading to a platform or roof with railings which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above the ground level.
c. A window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash and which has a window opening size of at least 20 inches in width and 24 inches in height.
5. If the care is provided in a basement, the secondary exit shall be one of the following:
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
b. A window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash and which has a window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.
1. A one-unit or two-unit residential building shall have a functional carbon monoxide detector installed in the basement and on each level of the building, excluding the garage and attic, in accordance with the requirements of s. 101.647, Stats.
2. A residential building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.
(ar) The home shall have a functional smoke detector on each floor level in accordance with the requirements of s. 101.645, Stats.
(b) All areas used for child care shall have adequate and safe heat, light and ventilation, including all of the following:
1. The inside temperature of the home may not be less than 67 degrees Fahrenheit.
2. If the inside temperature exceeds 80 degrees Fahrenheit, a child care provider shall provide for air circulation with safe fans, air conditioning, or other means.
(c) The indoor and outdoor areas of the home shall be free of hazards. Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.
Note: Lists of recalled products are available on the United States Consumer Safety Commission website, https://www.cpsc.gov/.
(cm) Firearms, ammunition, and bows and arrows with sharp tips that are located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.
(e) Outdoor play areas shall be well-drained and be free of hazards, and have the following protections in place:
1. Concrete and asphalt shall be prohibited under climbing equipment, swings, and slides.
2. Hot tubs may not be used by children in care and shall be inaccessible to children by use of a locked rigid cover, permanent barrier, or other protective measure.
3. Structures such as playground equipment, railings, decks, and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain at least every 2 years.
4. Wood treated with creosote or pentachlorophenol, including railroad ties, may not be used in areas accessible to children.
5. On-ground or in-ground swimming pools on the premises may not be used by children in care and shall be inaccessible to children in care by use of a permanent enclosure or other protective measure.
6. Wading pools may be used if the water is changed daily and the pool is disinfected daily. A provider shall be outside with children providing sight and sound supervision when a wading pool containing water is present in the outdoor play area.
7. An outdoor play area shall have a permanent enclosure not less than 4 feet high to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. If the outdoor play area does not have a permanent enclosure, a provider shall be outside with children providing sight and sound supervision when children are outside.
(f) The premises, furnishings, and equipment shall be free from litter and vermin, maintained in a sanitary condition, and in good repair.
(g) Bathrooms, including toilets, sinks, and potty chairs, shall be clean and in good working condition. Soap, toilet paper, towels, and a waste paper container shall be provided in the bathroom and shall be accessible to children.
(h) If the home gets water from a private well, water samples from the well shall be tested annually by a laboratory certified under ch. ATCP 77 and shall be found bacteriologically safe. If water test results indicate the water is bacteriologically unsafe, the water shall be appropriately treated and retested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe.
(i) An operator that cares for infants under 6 months of age in a certified child care home that gets its water supply from a private well shall get water samples tested annually by a laboratory certified under ch. ATCP 77 to determine the level of nitrates in the water. If the water sample tests above the maximum allowable levels of nitrates, bottled water shall be used for children under 6 months of age.
(j) Areas, surfaces, equipment, utensils, and appliances used for preparing, serving and storing food shall be kept clean, sanitary, and in good working condition. Eating surfaces shall be washed before use.
(k) Smoking is prohibited anywhere on the premises or in a vehicle used to transport children when children are in care.
(L) The premises shall have no flaking, chipping, peeling, or deteriorating paint on exterior or interior surfaces in areas accessible to children.
(m) All of the following regarding pets and animals:
1. Pets in the home shall be tolerant of children and vaccinated against rabies. The rabies vaccination shall be documented with a current certificate from a veterinarian.
2. Animals that may pose any risk to the children may not be in any indoor or outdoor areas used for child care when children are in care.
3. Reptiles, amphibians, ferrets, poisonous animals, psittacine birds, and exotic and wild animals may not be accessible to children.
Note: Psittacine birds are hooked bill birds of the parrot family that have 2 toes forward and 2 toes backward, including macaws, grays, cockatoos and lovebirds.
4. Indoor and outdoor areas accessible to children shall be free of pet and animal excrement.
5. Operators shall ensure they are in compliance with all applicable local ordinances regarding the number, types, and health status of pets and animals.
(3)The home for providing in-home child care.
(a) A certified in-home child care operator shall ensure that the certified child care home and outside play area of the children in care complies with sub. (2) (am), (ar), (c), (cm), (e) 1., 2., 5., 6., and 7., (j), and (k).
(b) A certified in-home child care operator is not required to comply with subs. (2) (a), (b), (e) 3. and 4., (f), (g), (h), (i), (L), (m), (4) (hm), (8m), and (12) (e).
(4)Health.
(a) Except as provided under pars. (c) and (d), a certified child care operator shall have a current report of a physical examination on file for each child, including the operator’s own children in care, as follows:
1. For a child under 2 years of age, a report of a physical examination conducted not more than 6 months prior to nor later than 3 months after the child is admitted, and a follow-up health examination at least once every 6 months thereafter.
2. For a child 2 years of age or older, a report of a physical examination conducted not more than 2 years prior to nor later than 3 months after the child is admitted, and a follow-up health examination at least once every 2 years thereafter.
(b) The physical examination report shall be made on an electronic printout from a licensed physician, physician assistant, or health check provider or on a form provided by the department that is signed and dated by a licensed physician, physician assistant, or health check provider.
Note: The department’s form, Child Health Report - Child Care Centers, or an electronic printout from a medical professional may be used to document a health examination. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from the certification agency.
(c) The requirement under par. (a) does not apply to a child care operator who requests from the certification agency in writing an exemption for a child based upon adherence by the child’s parent to religious belief in exclusive use of prayer or spiritual means for healing.
(d) The requirement under par. (a) does not apply to children 5 years of age and above.
(e) The certified child care operator shall have on file for each child in care a record of the child’s immunization history to document compliance with s. 252.04, Stats., and ch. DHS 144.
Note: The Department of Health Services form, Day Care Immunization Record, or an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health provider may be used to document immunization information. Forms are available on the department’s website, https://dcf.wisconsin.gov/cccertification/ccformspubs.
1. Medications shall be stored so they are not accessible to children.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.