Require unexpected center or day camp closures lasting longer than 2 weeks to be reported within 24 hours after the closure.
Change the name of the professional development recognition system from “The Registry” to “Wisconsin Registry” to accurately reflect that agency’s name change and update the definition to include the relationship between The Registry, Inc. and the Wisconsin Registry.
Repeal the defined term “course for credit” which applied to a course of at least 2 credits and create the defined term “credit” to mean recognition for completing a course from an institute of higher education. This change allows individuals to complete a variety of courses with different credit values to meet staff qualifications.
Repeal the requirement for an updated Registry Certificate upon a significant rule revision as determined by the department.
Clarify language regarding water testing to be consistent with Department of Natural Resources language. DCF 250, Family Child Care Centers and DCF 251, Group Child Care Centers
The proposed rules revise chs. DCF 250 and 251 to do the following:
Clarify the requirement that child abuse and neglect training must be completed within one week after beginning to work with children in care and every two years thereafter, in accordance with 45 CFR 98.41 and 45 CFR 98.44.
Require centers to be tested for radon. A center licensed prior to the effective date of the rule will be required to test for radon within 6 months after the effective date of rule. A center licensed after the effective date of the rule will be required to test for radon prior to caring for children. After the initial tests, residential settings will be required to test for radon every 2 years and commercial centers required to test for radon every 5 years. If radon levels are higher than determined safe by the U.S. Environmental Protection Agency, installation of a remediation system is required within one year after the date of the test results.
Require fences surrounding swimming pools to be 5 feet in height. This provision is consistent with the height requirement in ch. DCF 252.
Require an electronic monitoring device be used for children under one year of age to maintain sight and sound supervision.
Add a new position and qualifications for a program aide. A program aide shall be at least 16 years old and work under the direction and supervision of a qualified provider.
Smoke detectors shall be installed according to manufacturer instructions.
Clarify the ways all continuing education hours may be obtained and remove the previous maximum of 2.5 or 5 hours of training obtained through independent reading, viewing educational materials, and completion of a web-based training that does not result in a certificate. DCF 251, Group Child Care Centers and DCF 252, Day Camps for Children
The proposed rules revise chs. DCF 251 and 252 to require group child care centers and day camps to report expected temporary closures lasting more than 2 weeks to the department, at least 5 days prior to the change. This provision is already in ch. DCF 250. DCF 250, Family Child Care Centers
The proposed rules revise ch. DCF 250 to do the following:
Require family child care center insurance information to include the number of children covered and the dates of coverage.
Require family child care centers with a private well to test the water for lead contamination. Currently lead testing is only required in group child care centers and day camps for children with a private well; this revision will align all three licensed child care program chapters and ensure the health and safety of children in care.
Clarify the requirements for children and staff file information, including the required child enrollment information, child health history information, and staff record information.
Require children to be appropriately clothed for the outdoors. If the appropriate clothing is not provided by the child’s parents, the child shall be clothed from a selection provided by the center.DCF 251, Group Child Care Centers
In addition to the changes affecting school-age programs, the proposed rules revise ch. DCF 251 to do the following:
Reduce the number of hours of continuing education required for child care staff in group centers who work 20 or more hours per week from 25 hours annually to 15 hours annually. With this change, all child care staff in group child care centers and family child care centers will have the same continuing education requirements.
Creates a provision requiring staff who work fewer than 8 months per year to obtain 2 hours of continuing education per month of work.
Rename the titles of the credentials for staff qualifications from “Wisconsin Credential” to “Registry Credential” to be consistent with the Wisconsin Registry’s titles.
Reduce the hours of experience required to qualify to be a director of a center with 50 or fewer children from 320 hours to 240 hours.
Reduce the hours of experience required to qualify to be a child care teacher from 320 hours to 240 hours and include licensed family child care provider as approved experience.
Change the staff-to-child ratios and maximum group size for children 5 years of age to 6 years of age to be the same as the ratios and maximum group size for children 6 years of age and older.
Repeal the requirement for a building inspection report to indicate which rooms have been approved for children under 30 months.Chapter DCF 252, Day Camps for Children The proposed rules revise ch. DCF 252 to do the following:
Revise the definition of a boat to include a paddleboard.
Clarify the rule regarding abusive head trauma prevention training.
Require medication to be administered by the camp as directed on the label and as authorized by the parent. This provision is already in chs. DCF 250 and 251.
Clarify the rule about when camps shall contact a child’s parent regarding an emergency or minor injury. Summary of Data and Analytical Methodologies
The school-age program rules are based on recommendations provided by a workgroup of school-age child care providers convened by the Wisconsin Afterschool Network. Other rules were revised based on review by the Bureau of Early Care Regulation, focusing on correcting unintended consequences of previous rule revisions, updating rules based on current industry standards, and clarifying provisions.
Summary of Related Federal Law
Under 45 CFR 98.44 (b) (1) i., a state plan for the Child Care Development Fund must include the state’s requirement for child care providers to complete training in specified health and safety standards prior to providing child care services or as part of an orientation that is completed within 3 months after hire or licensure. The topics that must be addressed are in 45 CFR 98.41 (a) (1) (i) to (xi), which includes prevention of shaken baby syndrome, abusive head trauma, and child maltreatment and recognition and reporting of child abuse and neglect. Comparison to Adjacent States
Illinois. Radon testing is required every 3 years. Center staff are required to have up to 15 hours of continuing education annually.
Michigan. Radon testing in child care homes is required before licensure and every 4 years thereafter. Center staff are required to obtain 16 hours of continuing education annually.
Minnesota. Radon testing is not required. Continuing education requirements for child care center staff vary from 20 to 40 hours annually.
Iowa. Radon testing is required every 2 years.
Effect on Small Businesses
The proposed rules will affect small businesses that are family child care centers, group child care centers, and day camps. The rules will have minimal or no economic impact on these small businesses.
Analysis Used to Determine Effect on Small Businesses
The proposed rules affecting school-age programs remove unnecessary and inapplicable provisions for early childhood care.
The rules also add a radon testing requirement for family and group child care centers. Centers that have a radon level higher than determined safe by the U.S. Environmental Protection Agency will incur some cost to install a remediation system, which is required within one year after the test results.
The broadening of the approved formats of continuing education and the reduction in required hours for child care staff in group child care centers may have a positive economic impact on child care programs.
Comments on the Statement of Scope
The Wisconsin Afterschool Network, Boys & Girls Clubs of Wisconsin, YMCA School Age Childcare Providers in Wisconsin, and La Crosse Area Family YMCA School-Age licensed childcare programs commented in support of the proposed changes affecting licensed school-age programs.
The Boys & Girls Clubs of Wisconsin opposed a proposal in the statement of scope to prohibit the use of vans with more than a 10-passenger capacity. The provision is not included in the proposed rules.
Agency Contact
Tina Feaster, Child Care Licensing Program Specialist
Bureau of Early Care Regulation
(608) 422-6044
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Elaine Pridgen, Department of Children and Families, 201 W. Washington Ave, P.O. Box 8916, Madison, WI, 53708-8916 or dcfpublichearing@wisconsin.gov. The comment deadline is January 5, 2022.
SECTION 1. DCF 250.03 (1) is renumbered to (1r).
SECTION 2. DCF 250.03 (1g) is created to read:
DCF 250.03 (1g) “Abusive head trauma” means a serious type of head injury, including shaken baby syndrome, that is caused by shaking, throwing, hitting, slamming, or jerking.
SECTION 3. DCF 250.03 (17) is amended to read:
DCF 250.03 (17) “In care” means enrolled in the center, with the center is providing supervision, either on or off the premises, including during center-provided transportation, for the safety and the developmental needs of the child or children.
SECTION 4. DCF 250.04 (2) (cm) is created to read:
DCF 250.04 (2) (cm) If residing in another state, designate in writing, as part of the application under s. DCF 250.11 (3) and (4), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter. SECTION 5. DCF 250.04 (2) (g) is amended to read:
DCF 250.04 (2) (g) Provide written information to parents on whether a licensee has insurance coverage on the premises and on the child care business. Liability insurance on the child care business is required if cats or dogs are allowed in areas accessible to children during the hours of operation. The insurance policy shall indicate the number of children covered and the dates of coverage.
SECTION 6. DCF 250.04 (2) (g) (Note) is repealed.
SECTION 7. DCF 250.04 (2) (gm) and (Note) and (3) (Lm) are created to read:
DCF 250.04 (2) (gm) Provide written information to parents on whether a licensee has insurance coverage on the premises and on the child care business.
