Wisconsin Legislature: DCF 202.08(8m)

(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).

b. The requirements related to child care vehicle safety alarms under pars. (p) to (s).

(b) Before transporting a child, an operator shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include all of the following information:

1. The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.

2. The length of time the child will transported.

3. An address and telephone number where a parent or other adult can be reached in an emergency.

4. The name, address, and telephone number of the child’s health care provider.

5. Written consent from the child’s parent for emergency medical treatment.

Note: The operator may use the department’s form, Child Care Enrollment and Health History-Certified Child Care, to obtain consent of the child’s parent for emergency medical treatment. Forms are available on the department’s website, https://dcf.wisconsin.gov/cccertification/ccformspubs.

(c) An operator shall ensure that a written list of children being transported, copies of completed permissions, and emergency information for each child being transported is maintained at the premises and in any vehicle transporting children while the children are being transported.

(d) The driver of a vehicle used to transport children in care shall be at least 18 years of age, have at least one year of driving experience, and hold a valid driver’s license for the state where the driver resides and for the type of vehicle driven.

(e) Before a driver who is not the operator first transports children, the operator shall review all of the following with the driver:

1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.

2. The procedure for loading, unloading, and tracking of children being transported.

3. The procedure for evacuating the children from a vehicle in an emergency.

4. Behavior management techniques for use with children being transported.

5. Applicable statutes and rules affecting transportation of children.

6. First aid procedures.

7. Child abuse and neglect laws and reporting procedures.

8. Information on any special needs a child being transported may have and the plan for how those needs will be met.

9. Vehicle alarm operation, if applicable.

(f)

1. 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 each driver and obtain approval of the driver from the certification agency.

2. In determining whether a driver may pose a threat to the children, the certification worker shall consider the totality of the driver’s record, any other relevant facts, and the following factors in combination:

a. The seriousness of any accidents or violations.

b. The amount of time that has passed since an accident or violation occurred.

c. The number of accidents or violations.

d. The likelihood that a similar incident will occur.

3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.

Note: Information on how to obtain driving records may be obtained by contacting the Department of Transportation at (608) 261-2566 or http://dot.wisconsin.gov/drivers/drivers/point/abstract.htm.

(g)

1. Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies:

a. The phone or device is used to call 911.

b. The phone or device is used to communicate with emergency responders.

c. The phone or device is used to communicate with the certified child care operator or a provider regarding an emergency situation.

2. A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation.

(h) The operator shall ensure that each vehicle that is used to transport children is all of the following:

1. Registered with the Wisconsin department of transportation or the appropriate authority in another state.

2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.

3. In safe operating condition.

(i) The operator shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch. VI of ch. 344, Stats. The operator shall maintain proof of insurance and make this information available to the certification worker upon request.

(j) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child’s age and size in accordance with s. 347.48, Stats., and ch. Trans 310.

Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.

(k)