Wisconsin Legislature: DCF 202.08(6)(a)

(4m) Emergencies.

(a)

1. An operator shall have a written plan for taking appropriate action in the event of an emergency including a fire; a tornado; a flood; extreme outdoor heat or cold; a loss of building service, including no heat, water, electricity or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; a provider’s family situation, such as medical emergency or illness; or other circumstances requiring immediate attention. The plan shall include procedures for all of the following:

a. Evacuation, relocation, shelter-in-place, and lock–down.

b. Communication and reunification with families.

c. Ensuring that the needs of all children are met, including children under 2 years of age, children with disabilities, and children with chronic medical conditions.

2. The plan under subd. 1. shall be reviewed periodically and practiced as specified in the plan.

(b) An operator shall have a written plan to prevent and respond to food and other allergy-related emergencies.

(c) An operator shall designate an emergency back-up provider. The emergency back-up child care provider shall be at least 18 years of age and able to provide an acceptable level of child care.

(d)

1. The home shall have at least one telephone in working order. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care.

2. The home shall have a list of emergency numbers posted in a location known to all providers, including the numbers for the police, fire station, emergency medical care, child protective services agency, and poison control center.

(e) An operator shall ensure that each provider, volunteer, substitute, and emergency back-up provider receives an orientation before beginning work that covers the following:

1. The names and ages of children in care.

2. A review of children’s records, including parent and emergency contact information.

3. Specific information relating to a child’s special health care needs, including administration of medications, disabilities, allergies, or other special health conditions.

4. A review of the operator’s plan for responding to emergencies.

5. A review of this chapter.

(5) Supervision.

(a) A child care provider may not be engaged in any other activity or occupation during the hours of operation when children are in care that interferes with the adequate care and supervision of children, except for daily maintenance of the home.

(b) A child care provider shall be awake whenever the children in care are awake.

(d) The certified child care operator shall ensure that each child has adult supervision at all times and that no person under 18 years of age is left in sole charge of the children.

(e) Each child shall be closely supervised by a provider to guide the child’s behavior and activities, prevent harm, and assure safety of children at all times.

(f) No certified operator, provider, employee, volunteer, household member, or any other individual in a home may consume or be under the influence of alcoholic beverages or any non-prescribed controlled substance specified in ch. 961, Stats., during the hours of operation when children are in care.

(h) A provider may not allow any person who may pose a threat to the health or safety of the children to have contact with the children in care.

(i) The certified child care operator shall keep current and accurate written records of the daily hours of attendance of each child in care, including the actual arrival and departure times for each child. If children are transported to or from the premises or school by the operator or another provider on behalf of the operator, the daily attendance record shall include the actual time the child was picked up or dropped off.

(j) The operator shall maintain documentation of the actual hours that a provider who is not also the operator has worked.

(6) Maximum number of children.

(a) No certified family child care operator may have more than 3 children under 7 years of age who are not related to the child care operator in care at any given time.

(b) No certified family operator may have more than 6 children in care, including children related to the operator, except that:

1. If 3 of the children are under the age of 2, the total number of children may not exceed 5.

2. If 4 of the children are under the age of 2, the total number of children may not exceed 4.

(c) A child care operator’s natural, adopted, step, or foster children 7 years of age or older or any child 7 years and older residing in the operator’s home are not counted in determining the maximum number of children allowed under par. (b).

(d) The maximum number of children that may be in care is shown in Table 202.08 (6).

(e) When a certified in-home child care operator cares for children in the children’s own home, the following apply:

1. The operator is not required to comply with pars. (a) and (b).

2. The operator may not care for any children who do not reside in the home.

- See PDF for table

- See PDF for table

Note: Under s. 48.65 (1), Stats., if a provider takes care of 4 or more children under the age of 7 who are not related to the provider, for compensation, the provider must obtain from the department a license to operate a child care center.

(7) Provider interactions with children.

(a) A child care provider shall interact with the children in a caring and positive manner.

(b) No provider may act in a manner that may be psychologically, emotionally or physically painful, discomforting, dangerous, or potentially injurious to a child. Prohibited actions include all of the following:

1. Hitting, spanking, pinching, shaking, slapping, throwing, or inflicting any other form of corporal punishment.

2. Physical restraint, binding, or trying to restrict a child’s movement or enclosing a child in a confined space such as a closet, basement, locked room, box, or similar cubicle.

3. Withholding or forcing meals, snacks, or naps.

4. Actions that are cruel, aversive, humiliating, or frightening to the child, including behavior modification techniques resulting in extremely negative consequences.

5. Verbal abuse, threats, or making derogatory remarks about the child or the child’s family.

(d) A provider shall help each child develop self-control, self-esteem, and respect for the rights of others.

(e) If a provider uses time-out periods to deal with unacceptable behavior, a time-out may not exceed 3 minutes and may not be used for children under 3 years of age. For purposes of this paragraph, a “time-out” is an interruption of unacceptable behavior by the removal of the child from the situation, not to isolate the child, but to allow the child an opportunity to pause, and with support from the provider, reflect on behavior and gain self-control.

(f) A provider may not punish a child for lapses in toilet training.

(g) A provider shall respond promptly to a crying infant or toddler’s needs.

(h) A provider shall provide physical contact and attention to each infant and toddler throughout the day, including holding, rocking, talking to, singing to, and taking on walks inside and outside the home.

(i) A provider shall periodically change the position and location in the room of a non-mobile child who is awake.

(8) Activities.

(a) A child care provider shall plan activities so that each child may be or do all the following:

1. Be successful and feel good about himself or herself.

2. Use and develop language.

3. Use large and small muscles.

4. Learn new ideas and skills.

5. Participate in imaginative play.

(b) A child care provider shall offer daily activities according to the age and developmental level of the children in care and shall include a flexible balance of all the following:

1. Daily indoor and outdoor activities, except that outdoor activities are not required during inclement weather or when not advisable for health reasons.

2. Active and quiet play.

3. Protection from excess fatigue and overstimulation.

4. Individual and group activities.

5. At least 15 minutes reading to the children daily.

6. Opportunities for a non–walking child who can creep or crawl to move freely in a safe, clean, open, warm, and uncluttered area each day.

(c) A child care provider may use television only to supplement daily activities for children. No child may be required to watch television.

Note: For further information, see the Wisconsin Model Early Learning Standards. These voluntary standards are designed to help child care providers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child’s progress. The standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/ or the Department of Public Instruction website at https://dpi.wi.gov/early-childhood/practice.

(8m) Equipment and furnishings; certified family child care operators. A certified family child care operator shall ensure all of the following conditions are met:

(a) The certified child care home has safe indoor and outdoor play equipment that meets the following conditions:

1. The play equipment is scaled to the size and developmental level of the children in care.

2. The play equipment is constructed in a sturdy manner and is in good operating condition with no sharp, rough, loose, or pointed edges.

(b) Indoor and outdoor areas used for child care include sufficient space for play and for activities that meet the developmental needs of the children in care. Various types of play equipment are provided to allow for large and small muscle activity, dramatic play, and intellectual stimulation.

(c) Indoor play equipment is provided to allow each child a choice of at least 3 activities involving equipment when all children are using equipment.

(d) Outdoor play equipment is provided to allow each child at least one activity when all children are using equipment at the same time.

(e) No trampolines or inflatable bounce surfaces on the premises are accessible to children or used by children in care.

Note: Subsection (8m) does not apply to certified in-home child care operators.

(9) Transportation.

(a)

1. Except as provided in subd. 2., this subsection applies to all transportation of children in care, including both regularly scheduled transportation to and from the premises and field trip transportation, if any of the following apply:

a. The operator owns or leases the vehicle used.

b. The operator contracts with another individual or organization that owns or leases the vehicle used.

c. Employees, parents, or volunteers are transporting children other than their own at the direction of, request of, or on behalf of the operator.

2. The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers:

a. The requirement that the certification agency obtain a copy of the driver’s driving record under par. (f).