Effect on Small Businesses
The rules will affect small businesses that are family child care centers, group child care centers, and day camps. The rules will have minimal economic impact on these small businesses.
Analysis Used to Determine Effect on Small Businesses
The 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 gas level higher than the U.S. Environmental Protection Agency recommended action level. Centers may incur some cost to install a radon mitigation system, which is required within one year after the test results. Funding for activities related to radon mitigation is available under Payment Program A of the Child Care Counts: Stabilization Payment Program, which will provide monthly payments to eligible regulated child care providers through January 2024. More information about the Child Care Counts: Stabilization Payment Program can be found on the department’s website: https://dcf.wisconsin.gov/covid-19/childcare/payments. The broadening of the approved formats of continuing education, the reduction in required hours of continuing education, and the reduction in hours of experience required to become a director or a child care teacher may have a positive economic impact on child care centers that are small businesses.
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
Text of Rule
SECTION 1. DCF 250.03 (1) is renumbered to DCF 250.03 (1r).
SECTION 2. DCF 250.03 (1g) and (14) are 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.
(14) “Hours of operation” means the hours within the terms of the license during which children are actually in the care of the center.
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 250.03 (26m) is created to read:
DCF 250.03 (26m) “Program aide” means a person who works under the supervision of a provider and assists with daily activities and maintenance of the program, such as preparing and participating in program activities and cleaning the premises.
SECTION 5. DCF 250.03 (34) is amended to read:
DCF 250.03 (34) “Supervision” means guidance of the behavior and activities of children while awake and asleep for their health, safety, and well-being by a provider who is within sight or sound of the children, except as specified in ss. DCF 250.055 (1) (m) and (n) and, 250.07 (7) (e), and 250.09 (1) (c) 4g. SECTION 6. 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 7. 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 Maintain 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 8. DCF 250.04 (2) (g) (Note) is repealed.
SECTION 9. 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.
Note: The information provided could be included as a rider on a homeowner policy or a separate insurance policy on the child care business. A certificate of insurance or other documentation from an insurance company that indicates the number of children covered, dates of coverage, and types of pets covered is acceptable.
(3) (Lm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.
SECTION 10. DCF 250.04 (4) (c) 2. (intro.) is amended to read:
DCF 250.04 (4) (c) 2. (intro.) Notification shall be made immediately and shall provide sufficient detail to apprise the parent in all of the following situations:
SECTION 11. DCF 250.04 (4) (c) 2. d. and e. are created to read:
DCF 250.04 (4) (c) 2. d. The child’s whereabouts are unknown to the assigned provider.
SECTION 12. DCF 250.04 (6) (a) 1. and (Note) are repealed and recreated to read:
DCF 250.04 (6) (a) 1. Enrollment information that includes all of the following:
a. The name and birthdate of the child.
b. The full names of the child’s parents.
c. The child’s home address and telephone number.
d. An address and telephone number where the parent can be reached while the child is in care.
e. The name, address, telephone number, and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.
f. The name, address, and telephone number of the child’s physician or medical facility caring for the child.
g. The names, addresses, and telephone numbers of persons other than a parent authorized to call for the child, pick up the child, or accept the child who is dropped off.
h. The child’s first day of attendance at the center.
SECTION 13. DCF 250.04 (6) (a) 1m. and (Note) are created to read:
DCF 250.04 (6) (a) 1m. Health history information that includes all of the following:
a. The name and birthdate of the child.
b. The full names of the child’s parents.
c. A telephone number where the parent can be reached while the child is in care.
d. The name, address, and telephone number of the physician or medical facility caring for the child.
Note: The licensee may use the department’s form, DCF-F-CFS2345 Health History and Emergency Care Plan, or the licensee’s own form for obtaining the information.
SECTION 14. DCF 250.04 (6) (b) and (Note) and (8) (b) (intro.) are amended to read:
DCF 250.04 (6) (b) The licensee shall maintain a current, accurate written record of the daily attendance on a form prescribed by the department that includes the actual time of arrival and departure for each child and the child’s birthdate. The record shall be kept for the length of time the child is enrolled in the program.
Note: The licensee may use the department’s form, DCF-F-2438 Daily Attendance Record — Licensed Child Care Centers, is used or the licensee’s own form for recording a child’s daily attendance. Information on how to obtain the department’s The form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A at https://dcf.wisconsin.gov/cclicensing/ccformspubs. SECTION 15. DCF 250.04 (8) (a) is renumbered DCF 250.04 (8).
SECTION 16. DCF 250.04 (8) (b) is repealed.
SECTION 17. DCF 250.05 (1) and (Note) are amended to read:
DCF 250.05 (1) Definition. In this section, “The the “Wisconsin Registry” means a brand of The Registry, Inc., a professional development recognition agency.
SECTION 18. DCF 250.05 (2) (a) and (Note) are repealed and recreated to read:
DCF 250.05 (2) (a) The employee’s name, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.
SECTION 19. DCF 250.05 (2) (e) 1. (intro.) and a. are consolidated, renumbered DCF 250.05 (2) (e) 1., and amended to read:
DCF 250.05 (2) (e) 1. All of the following, except Except as provided in subd. 2.: a. A, a certificate from The the Wisconsin Registry that indicates the person is qualified for the position within the later of 6 months after becoming licensed or beginning to work with children in care.
SECTION 20. DCF 250.05 (2) (e) 1. b. is repealed.
SECTION 21. DCF 250.05 (2) (e) 2. and (3) (b) 1. b. and 2. are amended to read:
DCF 250.05 (2) (e) 2. a. A person is exempt from the requirement under subd. 1. a. and b. if the person has been licensed or provided care for children in licensed child care continuously since December 31, 2008, including any combination of licensure or employment in a family child care center licensed under this chapter, a group child care center licensed under ch. DCF 251, or a day camp licensed under ch. DCF 252. b. A substitute is not required to have a certificate from The the Wisconsin Registry until the substitute has worked for 240 cumulative hours.
(3) (b) 1. b. A non-credit noncredit, department-approved course in operating a child care business or a course for credit 2 credits in business or program administration. A person is exempt from this requirement if the person has been licensed or provided care for children in regulated child care continuously since December 31, 2008, including any combination of licensure under s. 48.65, Stats., certification under s. 48.651, Stats., or employment in a licensed child care center or for a certified child care operator. 2. The Wisconsin Registry Family Child Care Credential.
SECTION 22. DCF 250.05 (2) (g) and (3) (fm) and (gm) and (Note) are created to read:
DCF 250.05 (2) (g) Documentation of compliance with orientation requirements under sub. (4) (a).
