Chapter DCF 250

DCF 250.04 Note Note: The licensing representative will notify the licensee whether a plan of correction will be required and will provide the plan of correction format with the notification.

DCF 250.04(3)(e) (e) Any known convictions, pending charges, or other offenses of the licensee, a provider, household member, or other person subject to a child care background check, by the department’s next business day.

DCF 250.04(3)(f) (f) Any incident related to a child who leaves the premises of the center without the knowledge of a provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the incident.

DCF 250.04(3)(g) (g) Any incident involving law enforcement within 24 hours after the occurrence that:

DCF 250.04(3)(g)1. 1. Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.

DCF 250.04(3)(g)2. 2. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.

DCF 250.04(3)(h) (h) Any change in room usage, such as using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.

DCF 250.04(3)(i) (i) Any suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub. (8), 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, within 24 hours after the incident.

DCF 250.04(3)(im) (im) Any prohibited actions specified in s. DCF 250.07 (2) (c) by a provider, volunteer, or household member to a child in care, within 24 hours after the incident.

DCF 250.04 Note Note: See also s. DCF 250.07 (2) for information on guiding children’s behavior and s. DCF 250.07 (6) (b) regarding recording injuries in a center medical log,

DCF 250.04(3)(j) (j) A change in transportation services at least 5 calendar days prior to the change. A change in transportation services shall be approved by the department.

DCF 250.04(3)(k) (k) Statistical data required by the department on forms provided by the department.

DCF 250.04 Note Note: The Department periodically requests statistical data from licensees. An example of the type of data collected relates to the immunization status of children in care. When the Department requests statistical data, the Department will supply the appropriate form.

DCF 250.04(3)(L) (L) Temporary closings lasting more than 2 weeks, at least 5 calendar days before the closing.

DCF 250.04(3)(Lm) (Lm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.

DCF 250.04(3)(m) (m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled in the child care center or a person in contact with children at the center, within 24 hours after the center is notified of the diagnosis. The licensee shall also notify the parents of all enrolled children and the local health department within 24 hours after the center is notified of the diagnosis.

DCF 250.04(4) (4) Parents.

DCF 250.04(4)(a) (a) The center shall permit parents to visit and observe the center’s operations at any time during the center’s hours of operation unless parental access is prohibited or restricted by court order.

DCF 250.04(4)(b) (b) The licensee shall give parents of each enrolled child a summary of this chapter.

DCF 250.04 Note Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center by calling 1-800-362-7353.

DCF 250.04(4)(c) (c) The licensee shall notify a parent of a child in care of all of the following circumstances:

DCF 250.04(4)(c)1. 1. The child is or has been exposed to a diagnosed or suspected communicable disease reportable under ch. DHS 145 as specified under sub. (3) (m).

DCF 250.04 Note Note: The Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to a local public health officer. These materials also provide information on the symptoms of each disease and guidance on how long an infected child must be excluded from child care. Copies of the communicable disease chart are available on the Department of Health Services website at https://www.dhs.wisconsin.gov/publications/p44397b.pdf.

DCF 250.04(4)(c)2. 2. Notification shall be made immediately and shall provide sufficient detail to apprise the parent in all of the following situations:

DCF 250.04(4)(c)2.a. a. The child becomes ill.

DCF 250.04(4)(c)2.b. b. The child needs professional evaluation of an injury.

DCF 250.04(4)(c)2.c. c. The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child’s allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication. For purposes of this subdivision, a “head injury” means a bump, blow, or jolt to the head.

DCF 250.04(4)(c)2.d. d. The child’s whereabouts are unknown to the assigned provider.

DCF 250.04(4)(c)2.e. e. The child was subject to child guidance that is prohibited under s. DCF 250.07 (2) (c) and (d).

DCF 250.04(4)(c)3. 3. The child has sustained a minor injury that does not appear to require professional medical treatment. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.

DCF 250.04(4)(c)4. 4. The child will be going on a field trip that is not considered part of the regularly scheduled program. Notification of the date, time, and destination shall be prior to the field trip.

DCF 250.04(6) (6) Children’s records.

DCF 250.04(6)(a) (a) The licensee shall maintain a current written record at the center on each child enrolled, including the provider’s own children under age 7, and shall make the record available to the licensing representative on request. Each record shall include all of the following:

DCF 250.04(6)(a)1. 1. Enrollment information that includes all of the following:

DCF 250.04(6)(a)1.a. a. The name and birthdate of the child.

DCF 250.04(6)(a)1.b. b. The full names of the child’s parents.

DCF 250.04(6)(a)1.c. c. The child’s home address and telephone number.

DCF 250.04(6)(a)1.d. d. An address and telephone number where the parent can be reached while the child is in care.

DCF 250.04(6)(a)1.e. e. The name, address, telephone number, and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.

DCF 250.04(6)(a)1.f. f. The name, address, and telephone number of the child’s physician or medical facility caring for the child.

DCF 250.04(6)(a)1.g. g. The names, addresses, and telephone numbers of persons other than a parent authorized to call for the child, pick up the child, or accept the child who is dropped off.

DCF 250.04(6)(a)1.h. h. The child’s first day of attendance at the center.

DCF 250.04 Note Note: The licensee may use either the department’s form, DCF-F-CFS0062, Child Care Enrollment, or the licensee’s own form. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.04(6)(a)1m. 1m. Health history information that includes all of the following:

DCF 250.04(6)(a)1m.a. a. The name and birthdate of the child.

DCF 250.04(6)(a)1m.b. b. The full names of the child’s parents.

DCF 250.04(6)(a)1m.c. c. A telephone number where the parent can be reached while the child is in care.

DCF 250.04(6)(a)1m.d. d. The name, address, and telephone number of the physician or medical facility caring for the child.

DCF 250.04(6)(a)1m.e. e. The child’s medical conditions, such as asthma, cerebral palsy, diabetes, epilepsy, food allergies, or gastrointestinal or feeding concerns. If the child has a milk allergy, a statement from a medical professional indicating an acceptable alternative for the child.

DCF 250.04(6)(a)1m.f. f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the provider to watch for, steps a provider should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all providers who have received specialized training or instructions to help treat symptoms.

DCF 250.04 Note Note: The licensee may use the department’s form, DCF-F-CFS2345 Health History and Emergency Care Plan, or the licensee’s own form for obtaining the information.

DCF 250.04(6)(a)2. 2. If field trips and other off-premises activities are a part of the program, written authorization from the parent indicating that the child has permission to participate.

DCF 250.04 Note Note: The department’s form, Child Care Enrollment, includes a blanket authorization to take children on field trips. The department’s form, Field Trip or Other Activity Notification, or another type of notification such as a note to a parent may be used to provide specific information about a field trip. Information on how to obtain department forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

DCF 250.04(6)(a)3. 3. A written agreement, signed by the parent, outlining the plan for a child to come to the center from school, home or other activities and to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or the child is transported by the center.

DCF 250.04 Note Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child Care, or the licensee’s own form for securing the parent’s signed agreement. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

DCF 250.04(6)(a)4. 4. Documentation of each child’s most recent physical examination subject to the following:

DCF 250.04(6)(a)4.a. a. Each child under 2 years of age, including a provider’s own children in care, shall have an initial health examination not more than 6 months prior to nor later than 3 months after being admitted to the center, and a follow-up examination at least once every 6 months thereafter.

DCF 250.04(6)(a)4.b. b. Each child who is at least 2 years of age but who is not 5 years of age or older, including a provider’s own children in care, shall have an initial health examination not more than one year prior to nor later than 3 months after being admitted to a center, and a follow-up health examination at least once every 2 years thereafter.

DCF 250.04(6)(a)4.c. c. Children 5 years of age and above are not required to have a health exam.

DCF 250.04(6)(a)4.d. d. A health examination report shall be made on an electronic printout from a licensed physician, physician assistant, or other EPSDT provider or a form provided by the department that is signed and dated by a licensed physician, physician assistant, or other EPSDT provider.

DCF 250.04 Note Note: To document a health examination, use either an electronic printout from a medical professional or the department’s Form DCF-F-CFS0060, Child Health Report — Child Care Centers. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.04(6)(a)4m. 4m. Documentation that the child’s immunization history is in compliance with s. 252.04, Stats., and ch. DHS 144.

DCF 250.04 Note Note: To record immunization information, use either an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health provider or the Department of Health Services Form F-44192, Child Care Immunization Record. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.04(6)(a)5. 5. Written permission from the parents under s. DCF 250.07 (6) (k) for medical attention to be sought for the child if the child is injured.

DCF 250.04(6)(b) (b) The licensee shall maintain a current, accurate written record of the daily attendance that includes the actual time of arrival and departure for each child and the child’s birthdate. The record shall be kept for the length of time the child is enrolled in the program.

DCF 250.04 Note Note: The licensee may use the department’s form, DCF-F-2438 Daily Attendance Record — Licensed Child Care Centers, or the licensee’s own form for recording a child’s daily attendance. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.04(7) (7) Confidentiality.

DCF 250.04(7)(a) (a) The licensee is responsible for compliance by the center with s. 48.78, Stats., and this subsection.

DCF 250.04(7)(b) (b) The licensee shall ensure that all of the following occur:

DCF 250.04(7)(b)1. 1. Persons with access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subdivision does not apply to any of the following:

DCF 250.04(7)(b)1.a. a. The child’s parent.

DCF 250.04(7)(b)1.b. b. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.

DCF 250.04(7)(b)1.c. c. Agencies authorized under s. 48.78, Stats.

DCF 250.04(7)(b)2. 2. A parent, upon request, has access to all records and reports maintained on his or her child.

DCF 250.04(7)(b)3. 3. All records required by the department under this chapter for licensing purposes are available to the licensing representative.

DCF 250.04(8) (8) Reporting child abuse or neglect. A licensee or provider who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in ss. 48.02 (1) and 48.981 (1), Stats., shall immediately contact the county department of social services or human services or local law enforcement agency in compliance with s. 48.981, Stats.

DCF 250.04 Note Note: Child care providers are required to report known or suspected child abuse or neglect as specified in par. (a). Reporting to the licensee does not lessen this legal duty if the licensee fails to report as specified in par. (a).

DCF 250.04 Note Note: See s. DCF 250.07 (6) (b) for information about logging evidence of unusual bruises, contusions, lacerations, or burns received by a child in or out of center care in the center medical log book.

DCF 250.04 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (f), (g), (5) (b), (c), (d), (g) and (6) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (e) 3., 7., 8., (g), (h), (i), (3) (intro.), (a), (e), (i), (j), (5) (intro.), (d), (g), (6) (a) (intro.), 3. and (b), cr. (2) (L), (m), (3) (L), (m), (4) (c), (5) (h), (i), (j) and (k) Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (m), (4) (c) 1., (5) (d), (h), (i) and (j) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (2) (g), (6) (a) 1. Register February 2016 No. 722, eff. 3-1-16; corrections in (5) (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title), eff. 1-30-19; CR 19-089: cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title) Register March 2020 No. 771, eff. 4-1-20; correction in (3) (i) made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: r. (1) (bm), am. (2) (g), (6) (a) 4. d. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: cr. (2) (cm), am. (2) (g), cr. (2) (gm), (3) (Lm), am. (4) (c) 2. (intro.), cr. (4) (c) 2. d., e., r. and recr. (6) (a) 1., cr. (6) (a) 1m., am. (6) (b), renum. (8) (a) to (8), r. (8) (b) Register February 2023 No. 806, eff. 3-1-23; correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

DCF 250.05 DCF 250.05 Staff.

DCF 250.05(1) (1) Definition. In this section, the “Wisconsin Registry” means a brand of The Registry, Inc., a professional development recognition agency.

DCF 250.05 Note Note: For further information, see https://www.wiregistry.org.

DCF 250.05(2) (2) Staff records. A licensee shall maintain a file for each provider, employee, volunteer, or substitute and shall make the file immediately available for review by a licensing representative at the center. The file shall contain all of the following:

DCF 250.05(2)(a) (a) The employee’s name, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.

DCF 250.05 Note Note: The licensee may use the department’s form, DCF-F-CFS0053 Staff Record - Child Care Centers, or the licensee’s own form for recording staff information. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.05(2)(b) (b) Documentation from the department, either paper or electronic, that indicates that a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13, and the person is eligible to work in a child care program.

DCF 250.05(2)(c) (c) Documentation of the actual hours a provider, substitute, employee, or volunteer worked if the hours were used to meet the applicable staff-to-child ratio under Table DCF 250.055.

DCF 250.05(2)(d) (d)

DCF 250.05(2)(d)1. 1. Except as provided under subd. 2., a physical examination report completed within 12 months before or 30 days after the person became licensed or began working with children in care. The physical examination report may be a printout of an electronic record from a medical professional or on a form provided by the department. The report shall be dated and signed by a licensed physician, physician’s assistant, or other EPSDT provider and shall indicate all of the following: