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(b) A person who is a school-age program aide shall be at least 16 years of age.
(c) A school-age program aide shall either meet the qualifications of a program aide under s. DCF 251.05 (3) (gm) 3. or have satisfactorily completed at least one of the following within 6 months after assuming the position:
1. An assistant child care teacher training program approved by the Wisconsin department of public instruction.
2. At least 10 hours of training approved by the department in the care of school-age children.
3. A noncredit department-approved course in school-age care.
Note: Introduction to the School-Age Care Profession is the noncredit course approved by the department to meet the entry-level training requirements for a school-age program aide.
History: CR 21-100: cr. Register February 2023 No. 806, eff. 3-1-23.
DCF 251.095Additional requirements, modifications, and exceptions for school-age programs.
(1m)Applicability.
(a) This section applies only to group child care centers that serve only school-age children and group child care centers that serve school-age children in groups separate from children who are under 5 years of age.
(b) Except for s. DCF 251.09, all requirements under ss. DCF 251.04 to 251.12 apply to school-age programs in addition to or except as specified in this section and s. DCF 251.094.
(2m)Supervision. All of the following modify or are in addition to the requirements in s. DCF 251.055 (1):
(a) A school-age program shall be responsible for the health, safety, and well-being of a school-age child between the time the child arrives at the school-age program and the time the child is released to the child’s parent or to another activity that is specifically authorized in writing by the child’s parent.
(b) Notwithstanding s. DCF 251.055 (1) (a), each child 7 years of age and older shall be supervised by a school-age program leader or child care teacher who is within sight or sound of the child to guide the child’s behavior and activities, prevent harm, and ensure safety, except as provided in pars. (d) to (f).
Note: DCF 251.055 (1) (a) requires sight and sound supervision.
(c) Notwithstanding s. DCF 251.055 (1) (b), at least one school-age program leader or child care teacher shall supervise each group of school-age children, except as provided in pars. (d) and (e).
(d) Notwithstanding s. DCF 251.055 (1) (c), a school-age group leader who has completed the training required under s. DCF 251.094 (5) (c) 3. or an assistant child care teacher who has completed the training required under s. DCF 251.05 (3) (g) 2. and is age 18 or over may provide sole supervision for a group of school-age children for no more than 45 minutes if there is a qualified school-age program leader or child care teacher on the premises.
(e) A child 7 years of age or older may be authorized by the child care worker supervising the child to participate in program-sponsored activities in a school-age program away from the direct supervision of the assigned child care worker.
(f) A child 7 years of age and older may move between groups of children if a tracking method is implemented to ensure that the assigned child care worker knows the whereabouts of the child.
(g) When 9 or more children are on a field trip, there shall be at least 2 child care workers accompanying the children and the staff-to-child ratios in Table DCF 251.055 shall be maintained. Notwithstanding s. DCF 251.055 (2) (j), at least one of the child care workers shall be a school-age program leader or a child care teacher.
(h) A school-age program shall have on file an agreement, signed by the parent, that specifies the attendance schedule to be followed and authorizes the child’s release to activities away from the school-age program.
Note: The licensee may use either the department’s form, DCF-F-CFS0104-E, Alternate Arrival/Release Agreement — Child Care Centers, or the licensee’s own form for securing the parent’s signed agreement. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(3m)Additional requirements for meals and snacks. In addition to the requirements on meals, snacks, and food service in s. DCF 251.07 (5), the following provisions apply to school-age programs:
(a) All children attending a school-age program when a meal or snack is served shall be offered the meal or snack.
(b) School-age children present after school shall be served a snack.
(4m)Exceptions for school-age programs. The following provisions do not apply to school-age programs:
(a) Section DCF 251.06 (2) (b), only regarding protection of electrical outlets. All other protective measures in s. DCF 251.06 (2) (b) apply.
(b) Section DCF 251.06 (11) (b) 7., regarding a permanent enclosure of outdoor play space. If hazards exist, such as traffic or bodies of water, the boundaries of outdoor play space shall be made known to the children.
(c) Section DCF 251.07 (3) (e) and (h), regarding shelves and storage space for clothing and personal belongings.
(5m)Exceptions and modifications for school-age programs in school buildings.
(a) Exceptions. The following requirements do not apply to school-age programs in school buildings that are currently in use as school buildings:
1. Section DCF 251.04 (6) (a) 6m., relating to documentation of a school-age child’s immunization records, only if the school-age program has approved access to the school’s vaccination records.
2. Section DCF 251.06 (1) (a), relating to maintaining a building inspection report.
3. Section DCF 251.06 (2) (n), relating only to the requirement that garbage containers be covered. All other requirements of s. DCF 251.06 (2) (n) shall be met.
4. Section DCF 251.06 (2) (o), relating to the requirement that windows and doors used for ventilation be screened.
5. Section DCF 251.06 (2) (p), relating to radon testing.
6. Section DCF 251.06 (4) (a), relating to fire extinguishers.
7. Section DCF 251.06 (4) (jm) 2., relating to testing or monitoring smoke detectors and fire alarms.
8. Section DCF 251.06 (6) (b), relating to testing private well water.
9. Section DCF 251.06 (11) (b) 5., relating to the requirement for an energy absorbing surface on playgrounds to a depth of at least 9 inches.
(b) Modifications. Notwithstanding ss. DCF 251.04 (3) (h) and (L) and 251.05 (2) (a) (intro.), the following modified versions of the specified provisions apply to school-age programs in school buildings that are currently in use as school buildings:
1. Section DCF 251.04 (3) (h), except that the licensee shall report 10 days prior to the change instead of 20 days.
2. Section DCF 251.04 (3) (L), except that the licensee shall report any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license in writing at least 10 working days before the construction or remodeling begins.
3. Section DCF 251.05 (2) (a) (intro.), except that the licensee shall maintain a file on each employee or contracted employee. The file shall be available for examination by the licensing representative at the location of the school-age program within 2 hours after the request and shall include all of the following:
Note: The required records may be in an electronic format at the school-age program site.
History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; CR 03-052: renum. from HFS 46.10 and am. (1), (2) (intro.), (c), (3) (intro.) and cr. (3) (dm) Register December 2004 No. 588, eff. 3-1-05; corrections in (2), (3) and (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (intro.), (c), (e), (4) (a) 3., (b) 1. and 3., cr. (4) (a) 5. Register December 2008 No. 636, eff. 1-1-09; correction in (4) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (2) (d), (3) (a) Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. cr. (3) (f), (g), am. (4) (b) 1. to 3., r. (4) (c), eff. 1-30-19; CR 19-089: cr. (3) (f), (g), am. (4) (b) 1. to 3., r. (4) (c) Register March 2020 No. 771, eff. 4-1-20; correction in (2) (b), (d), (3) (a), (dm) made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; CR 20-003: am. (2) (d), (e), (3) (a) Register July 2020 No. 775, eff. 8-1-20; CR 21-100: r. and recr. Register February 2023 No. 806, eff. 3-1-23; correction in (5m) (b) 2., 3. made under s. 35.17, Stats., Register February 2023 No. 806.
DCF 251.10Additional requirements for night care.
(1)Applicability. Group child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the additional requirements of this section.
(2)General requirements.
(a) A center offering night care may serve no more than 20 children at any one time between 10:00 p.m. and 5:00 a.m., unless the building is equipped with emergency lighting supplied by a stand-by power source.
(b) When the same premises is 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.
(c) Minimum staff-to-child ratios and group sizes as specified in s. DCF 251.055 (2) shall be maintained during night care.
(d) All child care workers on duty shall remain awake, available, within call and able to respond to the needs of the children during night care.
(e) The parent or center shall provide each child in night care with an individually labeled sleeping garment and a toothbrush.
(3)Program.
(a) Child care staff shall work with a child’s parent to coordinate how the child spends his or her time during night care at the center with the family’s schedule.
(b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child can 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) Child care workers shall be given training in techniques of evacuating sleeping children in an emergency during orientation to the job.
(b) Centers operating during hours of darkness shall provide emergency lighting, such as an operable flashlight, for each self-contained room used by children.
(c) Fire evacuation drills shall be practiced during night care hours at least 2 times per year.
(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.
(c) A child present at the time the evening meal is served shall be served the evening meal.
(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 or a sleeping bag, individual to each child, shall be provided in night care.
(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. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: renum. from HFS 46.11, am. (1) and (2) (d) Register December 2004 No. 588, eff. 3-1-05; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: cr. (4) (c) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (1), (2) (a) to (c), eff. 1-30-19; CR 19-089: am. (1), (2) (a) to (c) Register March 2020 No. 771, eff. 4-1-20.
DCF 251.11Licensing administration.
(1)General conditions for approval of license.
(a) A facility that provides care on a regular basis to 9 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed as a group child care center.
(b) Prior to receiving a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due to the department.
(c) 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 fine or forfeitures.
(d) Persons licensed to operate a group 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 group child care center. A determination of being 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 it results in a criminal charge or conviction.
(e) The department shall issue a group 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.
(f) 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 might 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 shall certify the condition of the individual and the possible effect of that condition on the group child care center or the children in care.
(g) The department may deny or revoke the license if the examination specified under par. (f) gives the department reasonable concern for the care of children.
(h) 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. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care license revoked or denied.
(i) The department shall consider a licensee who fails to submit any of the materials described in sub. (3) or (4) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.
(2)Initial application for a probationary license.
(a) An applicant for a license shall participate in pre-licensing technical assistance towards the completion of the initial licensing study checklist with a representative of the department prior to submitting an application for a license.
Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate Division of Early Care and Education regional office in Appendix A. The department will provide the application form to a license applicant upon completion of the pre-licensing technical assistance.
2. An initial licensing study checklist includes a list of those licensing rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the department or from the appropriate regional office in Appendix A.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.