DCF 251.06(11)(bm)3.
3. Of sturdy construction with no sharp, rough, loose, protruding, pinching, or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.
DCF 251.06(11)(bm)4.
4. Placed to avoid danger of injury or collision and to permit freedom of action.
DCF 251.06(11)(c)1.1. In this paragraph, “main thoroughfare" means a heavily traveled street or road used by vehicles as a principal route of travel.
DCF 251.06(11)(c)1m.
1m. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under par.
(b) for a center's outdoor play space.
DCF 251.06(11)(c)2.
2. A request for an exemption under subd.
1m. shall be in writing and shall be accompanied by a plan for outdoor play space which does all the following:
DCF 251.06(11)(c)2.a.
a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.
DCF 251.06(11)(c)2.b.
b. Provides for adequate supervision of the children as specified in Table 251.055.
DCF 251.06(11)(c)2.d.
d. Describes the arrangements to meet the toileting and diapering needs of the children.
DCF 251.06 Note
Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate regional office in Appendix A.
DCF 251.06(11)(c)3.
3. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced in-ground swimming pools, heavily wooded areas and nearby highways and main thoroughfares.
DCF 251.06(11)(c)4.
4. There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time, and at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time.
DCF 251.06(11)(c)5.
5. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.
DCF 251.06(11)(c)6.
6. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.
DCF 251.06(11)(c)7.
7. A center's plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements of par.
(b), the department shall either approve the plan and grant the exemption or not approve the plan and therefore deny the request for exemption. The department shall notify the center in writing of its decision and, if it does not grant an exemption, shall state its reasons for not granting the exemption.
DCF 251.06(11)(c)8.
8. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met or is no longer met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department's licensing representative any significant change in any circumstance described in the plan.
DCF 251.06(12)(a)1.1. Aboveground and in-ground swimming pools on the premises may not be used by children in care.
DCF 251.06(12)(a)2.
2. Swimming pools shall be enclosed by a 4-foot fence with a self-closing, self-latching door. Spaces between the vertical posts of the fence shall be 4 inches or less.
DCF 251.06(12)(a)3.
3. If access to the pool is through a gate, the gate shall be closed and visibly locked during the licensed hours of the center.
DCF 251.06(12)(a)4.
4. If access to the pool is through a door, the door shall be closed, visibly locked, and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.
DCF 251.06(12)(a)6.
6. The free-standing wall of an aboveground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.
DCF 251.06(12)(a)7.
7. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.
DCF 251.06(12)(am)
(am) A beach on the premises may not be used by children in care. Access to a beach shall be controlled so that children may not enter the area.
DCF 251.06(12)(b)
(b) A wading pool on the premises may be used if the water is changed and the pool is disinfected daily. Supervision and staff-to-child ratio requirements under s.
DCF 251.055 (1) and
(2) shall be met.
DCF 251.06(12)(c)
(c) A wading pool, pool, water attraction or beach that is not located on the center premises may be used by children, if all the following conditions are met:
DCF 251.06(12)(c)1.
1. The construction and operation of the pool shall meet the requirements of chs.
SPS 390 and
ATCP 76 for public swimming pools. A beach shall comply with any applicable local ordinance.
DCF 251.06(12)(c)3.
3. While children are in the water of a pool, wading pool, water attraction or beach, staff-to-child ratios for child care workers who can swim shall be:
DCF 251.06(12)(c)4.
4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on the number of children in the water and each child's age.
DCF 251.06 Note
Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department. Requests may be made to the licensing representative or regional licensing office listed in Appendix A.
DCF 251.06(12)(c)5.
5. A child shall be restricted to the area of the pool or beach that is within the child's swimming ability.
DCF 251.06(12)(c)6.
6. If some of the children are in the water and others are not, there shall be at least 2 child care workers supervising the children. One child care worker shall supervise the children who are in the water, and the other child care worker shall supervise children who are not in the water.
DCF 251.06 History
History: Cr.
Register, January, 1997, No. 493, eff. 8-1-97; r. and recr. (11),
Register, September, 1998, No. 513, eff. 10-1-98; reprinted to restore omitted copy in (11) (b),
Register, April, 1999, No. 520; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.;
CR 03-052: am. (title), (1) (a), (2) (h) and (i), (3) (b) and (c), (6) (b) 2., (9) (b) 3. c., 4. b. and (c) 1., (9) (f) 5., (g) 1., c., (10) (a), Table 46.06 (title), (10) (b), (11) (b) 1. and 2. a., (11) (b) 3. and 6. and (c) 2. (intro.), cr. (2) (k) and (L), (6) (b) 3., (9) (c) 3m. and (11) (c) 1m., renum. (11) (b) 2. b. to d. and 3. a. to d. to be (b) 3. to 9., r. and recr. (12)
Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (b) 1. and (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 07-102: am. (2) (a), (3) (intro.), (a) to (c), (4) (j), (6) (b) 1., 3., (9) (d) 2. a., (10) (f), (11) (a), (b) 5. to 7., (12) (a), (b) and (c) 3., cr. (9) (a) 1m. and (12) (c) 6., r. and recr. (9) (b) 4. and 5., r. (9) (c) 3. and (11) (b) 9., renum. (12) (c) to be (12) (c) (intro.) and am.
Register December 2008 No. 636, eff. 1-1-09; corrections in (12) (b) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635; correction in (6) (b) 1. made under s. 13.92 (4) (b) 7., Stats.,
Register August 2011 No. 668; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats.,
Register July 2016 No. 727;
EmR1918: emerg. am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b), eff. 1-30-19;
CR 19-089: am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b)
Register March 2020 No. 771, eff. 4-1-20;
CR 21-100: r. (1) (b), cr. (2) (p), r. and recr. (4) (j), cr. (4) (jm), r. and recr. (6), r. (9) (g) 1. a., d., cr. (10) (h), r. and recr. (12) (a), cr. (12) (am)
Register February 2023 No. 806, eff. 3-1-23; correction in (2) (p) 2. made under s. 13.92 (4) (b) 7., Stats.,
Register February 2023 No. 806.
DCF 251.07(1)(a)(a) Each group child care center shall have a written program of daily activities posted that are suitable for the developmental level of each child and each group of children. The program shall provide each child with experiences that will promote all of the following:
DCF 251.07 Note
Note: The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help centers 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 through the Child Care Information Center at 1-800-362-7353.
DCF 251.07 Note
Note: With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.
DCF 251.07(1)(b)
(b) The program schedule shall be planned to provide a flexible balance each day of:
DCF 251.07(1)(b)3.
3. Indoor and if the center is in operation more than 3 hours per day, outdoor activities.
DCF 251.07(1)(c)
(c) Television may be used only to supplement the daily plan for children. No child may be required to watch television. Other activities shall be available.
DCF 251.07(1)(d)
(d) Routines such as toileting and eating and intervals between activities shall be planned to avoid keeping children waiting in lines or assembled in large groups.
DCF 251.07(1)(e)2.
2. Daily periods when a variety of experiences are concurrently available for the children to select their own activities.
DCF 251.07(1)(e)4.
4. If a center is in operation for more than 3 hours per day, daily outdoor activities except during inclement weather or when not advisable for health reasons.
DCF 251.07(1)(f)
(f) Child care workers shall give children individual attention.
DCF 251.07(1)(g)
(g) A center that is open in the early morning and late afternoon shall have a written plan for activities which meet the individual needs of the children during those time periods. The plan shall include:
DCF 251.07(1)(g)2.
2. Use of materials and engagement in activities which for the most part do not duplicate materials or activities planned for the major part of the program.
DCF 251.07(1)(h)
(h) The program as implemented shall reflect the center's written policies.
DCF 251.07(2)(a)1.
1. In this subsection, “
time-out period” means a break from the large group that a child care worker offers a child to provide the child an opportunity to calm and regain composure while being supported by the child care worker.
DCF 251.07(2)(a)2.
2. “Redirection" means directing the child's attention to a different program activity.
DCF 251.07(2)(b)
(b) Each child care center shall develop and implement a written policy that provides for positive guidance, redirection, and the setting of clear-cut limits for the children. The policy shall be designated to help a child develop self-control, self-esteem, and respect for the rights of others.
DCF 251.07(2)(c)
(c) A center may use a time-out period to handle a child's unacceptable behavior only if all of the following conditions are met:
DCF 251.07(2)(c)2.
2. The child care worker offers the child the time-out period in a non-humiliating manner.
DCF 251.07(2)(c)6.
6. If the child care worker needs additional adult support, another child care worker comes to the classroom setting.
DCF 251.07(2)(e)
(e) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:
DCF 251.07(2)(e)1.
1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing or inflicting any other form of corporal punishment.
DCF 251.07(2)(e)2.
2. Verbal abuse, threats or derogatory remarks about the child or the child's family.
DCF 251.07(2)(e)3.
3. Physical restraint, binding or tying to restrict movement or enclosing in a confined space such as a closet, locked room, box or similar cubicle.
DCF 251.07(2)(e)5.
5. Actions that are cruel, aversive, frightening or humiliating to the child.
