Wisconsin Legislature: DCF 250.09(4)(e)

(a) Child care providers shall respond promptly to a crying child’s needs.

(b) Each infant and toddler shall be allowed to form and follow his or her own patterns of sleeping and waking.

(c) Each child under one year of age shall be placed to sleep on his or her back in a crib unless otherwise specified in writing by the child’s physician. The child shall be allowed to assume the position most comfortable to him or her when able to roll over unassisted.

(d) Emphasis in activities shall be given to play as a learning and growth experience.

(e) Throughout the day, each infant and toddler shall receive physical contact and attention such as being held, rocked, talked to, sung to and taken on walks inside and outside the center.

(f) Routines related to activities such as taking a nap, eating, diapering and toileting shall be used as occasions for language development and other learning experiences.

(g) When a non-mobile child is awake, a provider shall change the child’s body position and location in the room periodically. Non-mobile awake children shall be placed on their stomach occasionally throughout the day.

(h) Each non-walking child who can creep or crawl shall be given opportunities each day to move freely in a safe, clean, open, warm and uncluttered area.

(i) A provider shall encourage infants and toddlers to play with a wide variety of safe toys and objects.

(3) Feeding. A provider shall do all of the following:

(a) Feed each infant and toddler on the child’s own feeding schedule.

(b) Ensure that food, breastmilk, and formula brought from home are labeled with the child’s name, dated, and refrigerated, if required.

(bm) Ensure each infant and toddler is correctly fed the food, breastmilk, or formula labeled with the infant’s or toddler’s name.

(c) Ensure that the food, breastmilk, or formula offered to infants and toddlers is consistent with the requirements of the U.S. department of agriculture child and adult care food program.

Note: Information on the meal program requirements of the USDA Child and Adult Care Food Program may be found on the website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

(d) Provide formula or breast milk to all children under 12 months of age.

(e) Provide another type of milk or milk substitute only on the written direction of the child’s physician.

(f) Discard leftover milk or formula within 2 hours after each feeding and rinse bottles after use.

(g) Refrain from heating breast milk or formula in a microwave oven.

(h) Offer drinking water to infants over 6 months of age and toddlers several times daily.

(i) Hold a child unable to hold a bottle whenever a bottle is given. Bottles may not be propped.

(j) Hold or place a child too young to sit in a highchair or feeding table in an infant seat during feeding. Wide-based highchairs with safety straps or feeding tables with safety straps shall be provided for children who are not developmentally able to sit at tables and chairs.

(k) Ensure that eating utensils and cups are scaled to the size and developmental level of the children.

(L) Infant bottles and nipples may not be reused without first being cleaned and sanitized.

(4) Diapering and toileting. A provider shall do all of the following:

(a) Change wet or soiled diapers and clothing promptly.

(b) Change the child on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution used shall be one that is registered with the U.S. environmental protection agency as a disinfectant and has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.

(c) If the diapering surface is above floor level, use a strap, restraint, or other structural barrier to prevent falling. A child may not be left unattended on the diapering surface.

(d) Place soiled cloth diapers in a plastic bag labeled with the name of the child and send them home daily.

(e) Place soiled disposable diapers in a plastic-lined, covered container and dispose of them daily.

(g) Apply lotions, powders or salves to the child during diapering only at the specific direction of a parent or the child’s physician.

(h) Wash the child during diapering with a disposable towel used only once.

History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: r. (1) (b), am. (1) (c) 1. and 5. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i), eff. 1-30-19; CR 19-089: am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (c) 2., cr. (1) (c) 4g., 4r., (3) (bm), am. (3) (f) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.095 Additional requirements when the licensee is not providing care to children at least 50% of the center’s licensed hours. A licensee who does not provide care and supervision to children at least 50% of the center’s licensed hours shall comply with the following requirements:

(1) The licensee shall complete at least one course from the Registry Administrator Credential within one year from the initial date that the licensee is not providing care and supervision for at least 50 percent of the center’s licensed hours.

(2) The licensee shall be responsible for the following:

(a) Management, finance, physical plant, and day-to-day operations of the center.

(b) Supervision of the planning and implementation of the center’s program for children.

1. Implement and maintain a written job description for each staff position.

2. Implement and maintain a written personnel policy that addresses hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures, and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible, but no later than the next business day, when any of the following occurs:

a. The employee has been convicted of a crime.

b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.

c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.

d. A professional license held by the employee has been denied, revoked, restricted, or otherwise limited.

3. Ensure that each employee is familiar with the employee’s job description, personnel policies, and applicable licensing rules.

4. Conduct staff meetings at least 9 times in a calendar year and document that the meetings have been held.

5. Ensure staff compliance with continuing education requirements.

(3) The licensee shall be at the center for at least 30 hours per month for the exclusive purpose of carrying out licensee responsibilities in sub. (2).

History: CR 07-102: cr. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (intro.), eff. 1-30-19; CR 19-089: am. (intro.) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.10 Additional requirements for night care.

(1) Applicability. Family child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the requirements of this section.

(2) General requirements.

(a) When the same premises are used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.

(b) Minimum staff-to-child ratios and group sizes under Table DCF 250.055 shall be maintained during night care.

(c) The parent or center shall provide each child in care after 10:00 p.m. with an individually labeled sleeping garment and a toothbrush.

(3) Program.

(a) Child care staff shall ascertain from a child’s parent a child’s typical family activities during the period the child is at the center for night care and strive to replicate those activities with the child.

(b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child may engage in activities.

(c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.

(d) School-age children shall have an opportunity to read or do school work.

(4) Preventive measures.

(a) A provider shall develop, submit to the department, and implement a plan to evacuate sleeping children in an emergency. Review of the plan shall be part of the orientation under s. DCF 250.05 (3).

(b) Centers operating during hours of darkness shall have emergency lighting, such as an operable flashlight, readily available to a provider.

(c) Providers shall be awake, available, within call and able to respond to the needs of the children whenever children are in care.

(5) Feeding.

(a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.

(b) A nighttime snack shall be available to all children in care.

(6) Sleep.

(a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.

(b) Sleep routines for individual children shall be based on information provided by the parents.

(c) A bed, crib or cot with sheets and blankets individual to each child shall be provided for children spending the night.

(d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.

(e) Children under 2 years of age in night care shall sleep in cribs.

History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (b) and (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1918: emerg. am. (1), (2) (b), (c), (4) (a), eff. 1-30-19; CR 19-089: am. (1), (2) (b), (c), (4) (a) Register March 2020 No. 771, eff. 4-1-20; correction in (4) (a) made under s. 35.17, Stats., Register March 2020 No. 711.

DCF 250.11 Licensing administration.

(1) Licensing requirement. If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.

(2) General conditions for approval of license.

(a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.

(am) An applicant for a license to operate a family child care center shall be an individual.

(ar) A person may not be issued a license to operate more than 2 family child care centers, unless the license for each center was issued prior to March 1, 2023.

(b) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.

(c) Persons licensed to operate a family child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the family child care center. A determination that a person is unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not the abuse or neglect results in a criminal charge or conviction.

(d) The department shall issue a family child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.

Note: See DCF 250.03 (11) for the definition of “fit and qualified.”

(e) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center may endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.

(f) The department may deny or revoke the license if the examination specified under par. (e) gives the department reasonable concern for the care of children.

(g) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.