Section 48.686 (9), Stats., provides that the department may promulgate any rules necessary for the administration of the section. States are required to comply with 45 CFR Part 98 as a condition of receiving Child Care Development Funds. Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
300 hours
5. List with description of all entities that may be affected by the proposed rule
Certified family child care operators and applicants, certified school-age care programs, certification agencies, family child care licensees, group child care licensees, day camps for children program licensees and license-exempt programs operated by public schools.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Each state shall have statutes or rules applicable to child care providers that include requirements designed to protect the health and safety of children on, at a minimum, all of the following topics:
- The prevention and control of infectious diseases, including immunizations.
- The prevention of sudden infant death syndrome and the use of safe sleeping practices.
- Administration of medication, consistent with standards for parental consent.
- Prevention and response to emergencies due to food and allergic reactions.
- Building and physical premises safety, including the identification of and protection from hazards, bodies of waters, and vehicular traffic.
- Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment.
- Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event within the meaning of those terms under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The following topics shall be included:
- Procedures for evacuation, relocation, shelter-in-place, and lock down.
- Staff and volunteer emergency preparedness training and practice drills.
- Communication and reunification with families.
- Continuity of operations.
- Accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions.
- Handling and storage of hazardous materials and the appropriate disposal of biocontaminants.
- Appropriate precautions in transporting children, if applicable.
- Pediatric first aid and cardiopulmonary resuscitation.
- Recognition and reporting of child abuse and neglect.
45 CFR 98.42 Enforcement of licensing and health and safety requirements Each state shall have monitoring policies and practices to ensure that child care providers comply with applicable health and safety requirements. Compliance monitoring for licensed child care must include at least one inspection before a license is issued and an unannounced inspection at least annually. Compliance monitoring for license-exempt child care must include an annual inspection.
Each state is required to have in effect requirements, policies, and procedures to require and conduct criminal background checks for employees of child care facilities including prospective staff members and any individual residing in a family child care program who is age 18 and above.
Framework
Each state must establish a framework for training, professional development, and postsecondary education for child care providers, teachers, and directors that is developed in consultation with the state advisory council and addresses professional standards and competencies, career pathways, and workforce information and financing. A state’s framework for training, professional development, and postsecondary education for child care providers, teachers, and directors shall also do all of the following:
- Establish qualifications for providers in different child care settings.
- Reflect current research and best practices, including culturally and linguistically appropriate practices.
- Improve the quality, diversity, stability, and retention of providers, teachers, and directors.
Preservice or Orientation Training
Each state shall require child care providers, teachers, and directors to complete a pre-service or orientation training within their first 3 months in the position. The training shall include all of the following topics:
- Child development, including the major domains (cognitive, social, emotional, and physical and approaches to learning).
Ongoing professional development
Each state shall establish the number of hours of ongoing professional development that child care providers, teachers, and directors must complete annually. The required training shall be aligned to a progression of professional development and shall update health and safety standards, incorporate knowledge and application of the state’s early learning and developmental guidelines for children from birth to kindergarten, and incorporate social-emotional behavior intervention models.
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The rule will have a minimal impact on child care providers.
8. Contact Person:
