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.
Comparison to Adjacent States
All states have been amending statutes and rules to comply with CCDBG requirements.
Minnesota –New requirements will be effective 9/30/19, including additional staff orientation health and safety training, handling and disposal of bodily fluids, emergency preparedness and response training, and unannounced annual inspections.
Michigan –Michigan now requires that child care homes be licensed instead of registered. Annual licensing visits will be made to all child care sites. Emergency plans for centers will include a plan for what to do if there is violence at the center. Training requirements have broadened, including the requirement that all staff must have a current CPR/First Aid card. Temporary operation of a child care center at a different location in case of a disaster will now be allowed under certain circumstances.
Illinois –Illinois rules have been amended to incorporate additional training requirements for licensees and assistants and additional documentation for emergency preparedness plans. Changes to the background check process are pending.
Effect on Small Businesses
The proposed rules will affect small businesses that are child care operators or licensees. The rules will have minimal or no economic impact on these small businesses.
Analysis Used to Determine Effect on Small Businesses
Most of the substantive changes in the rule are required by federal law. Several other changes are less restrictive than the current rule.
Agency Contact
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Elaine Pridgen, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916 or dcfpublichearing@wisconsin.gov. The comment deadline is July 26, 2019.
SECTION 1. Chapter DCF 12 (title) is amended to read: CAREGIVER BACKGROUND CHECKS FOR CHILD WELFARE PROGRAMS
SECTION 2. DCF 12.01 (1) is amended to read:
DCF 12.01 Purpose and scope. (1) This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.685, 49.155 (1d), and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.685, Stats., for caregivers and nonclient residents at an entity or with a caregiver specified in s. DCF 12.02 (4) (c). SECTION 3. DCF 12.02 (1) is amended to read:
DCF 12.02 (1) “Agency” means the department, a county department, a certification agency, or a child-placing agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14), Stats. SECTION 4. DCF 12.02 (6) is repealed.
SECTION 5. DCF 12.02 (8) (intro.) is amended to read:
DCF 12.02 (8) (intro.) “Client” means a person who receives direct care or treatment services from an entity or, a caregiver specified in s. DCF 12.02 (4) (c), or from a child care program under s. 48.686 (1) (aj). “Client” includes all of the following: SECTION 6. DCF 12.02 (14) (h) to (j) are repealed.
SECTION 7. DCF 12.02 (18) (a) is amended to read:
DCF 12.02 (18) (a) The person is 12 10 years of age or over.
SECTION 8. DCF 12.02 (18) (Note) is repealed and recreated to read:
DCF 12.02 (18) (Note): For example, household members in foster homes are “nonclient residents.”
SECTION 9. DCF 12.02 (21) (c) and (d) and (23) are repealed.
SECTION 10. DCF 12.02 (24) and (Note) are repealed and recreated to read:
DCF 12.02 (24) “Serious crime” means the offenses specified in s. 48.685 (1) (c), Stats. “Serious crime” includes the offenses specified in s. 48.685 (5) (bm) 4., Stats., after the waiting period for eligibility to demonstrate rehabilitation, unless the person has demonstrated rehabilitation under s. DCF 12.13 or 12.14. Note: Tables that list serious crimes applicable to each program are available in the program regulatory sections of the department website at http://dcf.wisconsin.gov. For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.
For foster homes, adoption home studies, adoption assistance, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.
SECTION 11. DCF 12.03 (2) (title) is repealed and recreated to read:
DCF 12.03 (2) Timely bid.
SECTION 12. DCF 12.07 (title) is amended to read:
DCF 12.07 Child welfare denial Denial and revocation information.
SECTION 13. DCF 12.08 (1) (a) and (b) and (2) (a) 1. and 2. are amended to read:
DCF 12.08 (1) (a) The person is the subject of a delinquency petition alleging that the person committed a serious crime on or after his or her 12th 10th birthday.
(b) The person has been adjudicated delinquent on or after his or her 12th 10th birthday for committing any crime.
(2) (a) 1. A person who is age 12 10 or over and is not a client begins residing at, or is expected to reside at, an entity.
2. A person who is residing at the entity and is not a client turns 12 10 years of age.
SECTION 14. DCF 12.08 (2) (b) 1. is renumbered DCF 12.08 (2) (b).
SECTION 15. DCF 12.08 (2) (b) 2. is repealed.
SECTION 16. DCF 12.08 (3) (a) and (b) are amended to read:
DCF 12.08 (3) (a) The person is the subject of a delinquency petition alleging that the person committed a serious crime on or after his or her 12th 10th birthday.
(b) The person has been adjudicated delinquent on or after his or her 12th 10th birthday for committing any crime.
SECTION 17. DCF 12.09 (1) (a) and (2) (intro.) are amended to read:
