DCF 252.05(5)
(5) Condition of licensure. The department may deny a license or may suspend or revoke a license, initiate other enforcement actions specified in this chapter or in ch.
48, Stats., or place conditions on a license if the licensee, applicant or proposed or current employee, volunteer, household member or any other person having regular contact with children is, or has been any of the following:
DCF 252.05(5)(a)
(a) The subject of a pending criminal charge if the charge substantially relates to the care of children or activities of the camp.
DCF 252.05(5)(b)
(b) Convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the camp.
DCF 252.05(5)(c)
(c) Determined to have abused or neglected a child pursuant to s.
48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the camp.
DCF 252.05(5)(d)
(d) The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of a child.
DCF 252.05(5)(e)
(e) The subject of a substantiated finding of misconduct in the department's nurse aide registry under s.
DHS 129.10.
DCF 252.05(5)(f)
(f) Had a child care center license, day camp license or certification revoked or denied within the last 5 years.
DCF 252.05(5)(g)
(g) Violated any provision of this chapter or ch.
48, Stats., or fails to meet the minimum requirements of this chapter.
DCF 252.05(6)(a)(a) Under the authority of s.
227.51 (3), Stats., the department may order the summary suspension of a license and, therefore, close a day camp when the department finds the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of the requirement for summary suspension of the license may be based on any of the following:
DCF 252.05(6)(a)1.
1. Failure of the licensee to provide environmental protections for the children such as heat, water, electricity or telephone service.
DCF 252.05(6)(a)2.
2. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily injury.
DCF 252.05(6)(a)3.
3. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense or has a pending criminal charge which substantially relates to the circumstances of caring for children or activities of the camp.
DCF 252.05(6)(a)4.
4. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s.
48.981, Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.
DCF 252.05 Note
Note: Examples of actions the department will consider in making determinations under s.
DCF 252.05 (5) and
(6), are: abuse and neglect of children; sexual assault; abuse of residents of facilities; crimes against life and bodily security; kidnapping; abduction; arson of buildings or property other than buildings; robbery; receiving property from children; crimes against sexual morality, such as enticing a minor for immoral purposes or exposing minors to harmful materials and interfering with the custody of a child. The list is illustrative. It is not all-inclusive of the types of offenses that may be considered.
DCF 252.05(6)(a)5.
5. The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the day camp that directly threatens the health, safety or welfare of any child under the care of the licensee.
DCF 252.05(6)(b)
(b) An initial order summarily suspending the license and closing a day camp may be a verbal order by a licensing representative. The department shall within 72 hours of the closing either permit the reopening of the center or initiate proceedings in accordance with s.
227.51 (3), Stats., for the revocation of the license to operate. A preliminary hearing on the revocation shall be conducted by the department of administration's division of hearings and appeals within 10 working days after the date of the initial order to close on the issue of whether the license shall remain suspended during revocation proceedings.
DCF 252.05(7)(a)
(a) The department may deny or revoke a license, initiate other enforcement actions specified under this chapter or under ch.
48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, is any of the following:
DCF 252.05(7)(a)1.
1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the camp.
DCF 252.05(7)(a)2.
2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the camp.
DCF 252.05(7)(a)3.
3. Determined to have abused or neglected a child pursuant to s.
48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the camp.
DCF 252.05(7)(a)5.
5. The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.
DCF 252.05(7)(a)6.
6. Determined to have had a child care center license, day camp license or certification revoked or denied within the last 5 years.
DCF 252.05(7)(a)7.
7. Determined to have violated any provision of this chapter or ch.
48, Stats., or fails to meet the minimum requirements of this chapter.
DCF 252.05(7)(b)
(b) The department may deny, revoke, refuse to renew or suspend a license, initiate other enforcement actions specified in this chapter or in ch.
48, Stats., or place conditions on the license if the applicant or licensee is not fit and qualified as determined under sub.
(10) (a).
DCF 252.05 Note
Note: See DCF 252.04 (13m) for the definition of fit and qualified. Examples of charges, actions or offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials, interfering with the custody of a child; or civil or criminal actions demonstrating an inability to manage financial resources or activities of the camp. The list is illustrative. Other types of offenses may be considered.
DCF 252.05(7)(c)
(c) The department may not license a person if the department has received certification pursuant to s.
49.857 (2), Stats., from the department of workforce development that the applicant or licensee has failed to pay court-ordered payments of child or family support or expense related to the support of a child or former spouse or has failed to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency related to paternity or child support proceedings. Notwithstanding s.
48.72, Stats., an action taken under this subsection is subject to review only as provided under s.
49.857, Stats., and not as provided in s.
48.72, Stats.
DCF 252.05(7)(d)
(d) The department may not license a person if the department has received certification pursuant to s.
73.0301, Stats., from the department of revenue certifying that the applicant or licensee has a delinquent tax liability. An action taken under this paragraph is subject to review only as provided under s.
73.0301 (5), Stats., and not as provided in s.
48.72, Stats.
DCF 252.05(8)(a)1.1. If the department decides under sub.
(7) to deny a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.
DCF 252.05(8)(a)2.
2. If the department revokes a license, the effective date of the revocation shall be either immediately or 30 days after the date of the notice, based on the criteria under s.
48.715 (4m) (a) and
(b), Stats., unless the decision is appealed under sub.
(9).
DCF 252.05(8)(b)
(b) Upon receipt of the notice under par.
(a) and during any revocation or denial procedures that may result, a day camp may not accept for care any child not enrolled and in care as of the date of receipt of the notice without the written approval of the department.
DCF 252.05(9)
(9) Appeal of decision to deny or revoke a license. Any person aggrieved by the department's decision to deny a probationary or regular license or to revoke a license may request a hearing on that decision under s.
227.42, Stats. The request for a hearing shall be in writing and submitted to the department of administration's division of hearings and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10 days after the date of the notice under sub.
(8).
DCF 252.05 Note
Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to (608) 264-9885. A copy of the request should be sent to the appropriate regional licensing office listed in Appendix A.
DCF 252.05(10)(a)(a) Persons licensed to operate a day camp 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 care of children by the applicant, owner, manager, representative, employee, camp resident, or other individual directly or indirectly participating in the operation of the day camp. 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.
DCF 252.05(10)(b)
(b) The department shall issue a day camp 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.
DCF 252.05 Note
Note: See DCF 252.04 (13m) for the definition of “fit and qualified."
DCF 252.05(10)(c)
(c) A facility that provides care on a regular basis to 4 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed.
DCF 252.05(10)(d)
(d) 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.
DCF 252.05(10)(e)
(e) The department may refuse to issue or continue a license if another program operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.
DCF 252.05(10)(f)
(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 camp or any household member of the camp 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 day camp or children in care.
DCF 252.05(10)(g)
(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.
DCF 252.05(10)(h)
(h) The department may not process an application for a license if the applicant has had a license or certification to operate a day camp or 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 or day camp license or certification revoked or denied.
DCF 252.05(10)(i)
(i) The department shall consider a licensee who fails to submit any of the materials described in sub.
(1) (c) 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 day camp.
DCF 252.05 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84; r. (1) and (2) (c) 7., renum. (2) (a) to (c) 6. and 8. and (d) to (h) and (3) to (8) to be (1) (a) to (c) 6. and 8. and (d) to (h) and (2) to (7) and am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 5. a.,
Register, August, 1989, No. 404, eff. 9-1-89;
CR 07-102: am. (1) (a) (intro.), 1. to 5., (b) (intro.), 1., 2., (c) (intro.), 1. to 4., 6., (d) (intro.), (2), (4), (5) (intro.), (a) to (d), (6) (a) (intro.), 1. to 4. and (b), cr. (1) (a) 2m., (c) 7., 9. to 15., (5) (e) to (h), (6) (a) 5. and (8) to (10), r. (1) (b) 3. to 5., (c) 8. (intro.), b. and (d) 1. to 5., r. and recr. (1) (c) 5., (e) to (h) and (7), renum. (1) (c) 8. a. to be (1) (c) 8. and am.
Register December 2008 No. 636, eff. 1-1-09; corrections in (1) (c) 12., (5) (e) and (7) (a) 4. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2008 No. 636;
EmR1918: emerg. am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b), eff. 1-30-19;
CR 19-089: am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b)
Register March 2020 No. 771, eff. 4-1-20; correction in (6) (a) 4. made under s.
35.17, Stats.,
Register May 2020 No. 773;
CR 21-100: am. (9)
Register February 2023 No. 806, eff. 3-1-23.
DCF 252.06
DCF 252.06
Complaints, inspections and enforcement actions. DCF 252.06(1)(1)
Complaints. Anyone having a complaint about a licensed or illegally operating day camp may submit that complaint to the department by telephone, letter, e-mail, fax or personal interview. Every complaint shall be investigated by a licensing representative. A written report of the findings of the investigation shall be sent to the complainant upon request.
DCF 252.06 Note
Note: A complaint should be sent, phoned or delivered to the appropriate regional licensing office listed in Appendix A.
DCF 252.06(2)
(2) Inspection. Pursuant to s.
48.73, Stats., the department may visit and inspect any day camp at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises, whether temporary or permanent, which are identified in the license, children in care, staff and child records, and any other materials or individuals with information on the camp's compliance with this chapter.
DCF 252.06(3)
(3) Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s.
48.686,
48.715, or
48.76, Stats.
DCF 252.06 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84;
CR 07-102: am. (title), renum. to be (1) and am., cr. (2) and (3)
Register December 2008 No. 636, eff. 1-1-09;
CR 14-028: renum. (2) to (2) (a), cr. (2) (b)
Register July 2016 No. 727, eff. 8-1-16;
EmR1918: emerg. r. and recr. (2), am. (3), eff. 1-30-19;
CR 19-089: r. and recr. (2), am. (3)
Register March 2020 No. 771, eff. 4-1-20;
CR 20-003: renum. (2) (a) to (2), r. (2) (b)
Register July 2020 No. 775, eff. 8-1-20.
DCF 252.07
DCF 252.07
Non-discrimination, confidentiality, and reporting child abuse or neglect. DCF 252.07(1)(a)(a) The licensee shall ensure that the day camp does not discriminate in employment against properly qualified individuals in a manner prohibited in ss.
111.31 to
111.395, Stats.
DCF 252.07(1)(b)
(b) The licensee shall ensure that the day camp does not discriminate against any enrolled child and family or any applicant for enrollment in admission, privilege of enrollment, or discharge condition on the basis of age, race, color, sex, sexual orientation, creed, disability, national origin, or ancestry as provided in s.
106.52, Stats.
DCF 252.07(2)(a)
(a) The licensee is responsible for the day camp's compliance with s.
48.78, Stats., and this subsection.
DCF 252.07(2)(b)
(b) Persons who have access to children's records may not discuss or disclose personal or other information about a child or a child's relatives. This paragraph does not apply to any of the following:
DCF 252.07(2)(b)2.
2. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.
DCF 252.07(2)(c)
(c) If a parent requests a record or report on the parent's child, the day camp shall make the record or report accessible to the parent.
DCF 252.07(2)(d)
(d) All records required by the department for licensing purposes shall be made available to licensing representatives upon request.
DCF 252.07(3)(a)(a) A licensee, employee, or volunteer at a day camp who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in s.
48.02 (1) or
(12g), Stats., shall immediately contact the county department of social services under s.
46.22, Stats., the county department of human services under 46.23, Stats., the department in a county with a population of 750,000 or more, or the local law enforcement agency in compliance with s.
48.981, Stats.
DCF 252.07(3)(b)
(b) The licensee shall ensure that every employee or volunteer who comes in contact with the children at the day camp has received annual pre-camp training in all of the following:
DCF 252.07(3)(b)3.
3. The process for ensuring that known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.
DCF 252.07 Note
Note: Failure of the licensee to report known or suspected incidents of child abuse or neglect does not lessen the legal duty of the child care worker to report known or suspected cases of child abuse or neglect.
DCF 252.07 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84;
CR 07-102: r. and recr. (1) and (2), am. (3) (b) (intro.)
Register December 2008 No. 636, eff. 1-1-09;
EmR1918: emerg. am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3., eff. 1-30-19;
CR 19-089: am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3.
Register March 2020 No. 771, eff. 4-1-20.
DCF 252.08(1)(1)
Pets that are kept on the premises of a day camp shall be maintained in good health and appropriately vaccinated against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.
DCF 252.08(2)
(2) A pet that is suspected of being ill, or infested with external lice, fleas, ticks, or internal worms shall be inaccessible to children.
DCF 252.08(3)
(3) In the event that an animal bites a child, the parent shall be notified and a veterinarian shall be contacted by center personnel to determine a course of action in the diagnosis of possible rabies in the animal. Procedures for emergency care of children shall be followed. Parents shall be notified of any action taken by the veterinarian.
DCF 252.08(4)
(4) Turtles, skunks, exotic animals, wild animals and poisonous reptiles may not be kept as pets on the premises of the day camp.
DCF 252.08(6)
(6) All contact between pets or animals and children shall be under the supervision of a camp counselor who is close enough to remove the child immediately if the pet or animal shows signs of distress or the child shows signs of treating the pet or animal inappropriately. Pets shall be kept and handled in a manner which protects the well-being of both children and pets.
DCF 252.08(7)
(7) Pets in rooms used by children shall be confined in cages while food is being prepared or served. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms and other food storage areas. Pet and animal feeding dishes and litter boxes may not be placed in areas accessible to children.
DCF 252.08(8)
(8) No horses or other livestock may be permanently quartered closer than 500 feet from any building in which the day camp is located.
DCF 252.08(9)
(9) Pets that pose any risk to the children shall be restricted from the areas used by children.
DCF 252.08(10)
(10) Procedures to be followed when children have contact with animals, other than pets, while in the care of the camp shall be included in the camp's health policy.
DCF 252.08 Note
Note: Service animals used by a person with a disability to assist that person are not considered pets under this rule while they are working as a service animal.
