Department of Children and Families
School-Age Child Care Programs and Other Child Care Licensing Updates
DCF 250, 251, and 252
The Wisconsin Department of Children and Families orders the repeal of ss. DCF 250.04 (2) (g) (Note); 250.04 (8) (b), 250.05 (2) (e) 1. b., (4) (a) 8., and (c) 3.; 251.03 (8m); 251.05 (2) (a) 4. c., (4) (a) 10. and (c) 2. and 8.; 251.06 (1) (b) and (9) (g) 1. a. and d.; 251.07 (2) (d); and 252.425 (2) (a) 3.; the renumbering of ss. DCF 250.03 (1), 250.04 (8) (a), 251.03 (1), 251.04 (8) (a), and 252.04 (1); the consolidation, renumbering, and amendment of s. DCF 250.05 (2) (e) 1. (intro.) and a.; the amendment of ss. DCF 250.03 (17) and (34); 250.04 (2) (g), (4) (c) 2. (intro.), (6) (b) and (Note), and (8) (b) (intro.); 250.05 (1) and (Note), (2) (e) 2., (3) (b) 1. b. and 2., (4) (a) (intro.) and (Note), (c) 2., and 4. (Note); 250.06 (9) (c) and (12) (a) (intro.) and 4.; 250.07 (6) (k) (Note 1) and (7) (e); 250.09 (1) (c) 2. and (3) (f); 250.095 (1); 250.11 (11); 251.03 (6) and (14g); 251.04 (1) (a), (3) (d) and (g), (4) (a) 2. (intro.) and (c), and (8) (b) (intro.); 251.05 (1) and (Note), (2) (a) (intro.), 2., 3. a., 4. a., b., d., and (Note), and 5., (3) (b) and (Note), (d) 3. a. and b., (e) 3. c.; Tables DCF 251.05A and 251.05B; ss. DCF 251.05 (3) (e) 5., (f) 2. c., 3. a., bm., c., d., and e., (g) 2. a. and c., (h) (Note), (i) 2., (j) 2. and (Note), (4) (c) 1. and 6. e.; Table DCF 251.055; ss. DCF 251.055 (1) (b) and (2) (g); and 251.06 (4) (j); 251.07 (1) (a) (intro.) and (Note) and (6) (g) 4.; 251.09 (1) (j) and (3) (a) 7.; 251.11 (10); 252.04 (15m); 252.05 (9); 252.41 (2) (f), (5) (a) (intro.) and 4.; 252.42 (1) (a) (intro.), 2., and 3. and (3) (a) 10.; 252.44 (1) (a) (intro.), (6) (f) 1. and (g) 4., (8) (a), and (9) (a); the repeal and recreation of ss. DCF 250.04 (6) (a) 1. and (Note); 250.05 (2) (a) and (Note); 250.055 (2) (d); 250.06 (4) and (6) and (Note); 250.07 (2) (b) 1. and 2. and (6) (a) 1. and 4.; 251.04 (6) (a) 6. and (Note); 251.05 (2) (title); 251.06 (6) and (12) (a); 251.07 (2) (a) 1. and (c); 251.095; 251.11 (2) (c) 2.; 252.41 (1) (e) 3., (4) (a) 6. and (Note); 252.43 (4); and 252.44 (2) (b); and the creation of ss. DCF 250.03 (1g), (14), and (26m); 250.04 (2) (cm), (gm) and (Note), (3) (Lm), (4) (c) 2. d. and e., (6) (a) 1m. and (Note); 250.05 (2) (g), (3) (fm) and (gm) and (Note); 250.06 (2) (n) and (Note) and (4) (am); 250.07 (6) (h) 4m.; 250.09 (1) (c) 4g. and 4r. and (3) (bm); 250.11 (2) (ar); 251.03 (1g), (8g), (14), (25m), (26r), (27c), (27g), (27n), (27r), and (27w); 251.04 (3) (dm), (4) (a) 2. d. and e.; 251.05 (2) (a) 8., (3) (cm) and (gm) and (Note) and (gr), (4) (c) 2m. and 6. f., g., and h.; 251.06 (2) (p) and (Note), (4) (jm), (10) (h), and (12) (am); 251.07 (6) (g) 7.; 251.09 (1) (m) and (n) and (3) (a) 2m.; 251.094 and (Note) and Table 251.094; 251.11 (2) (c) 5u. and 5x. and (4) (b) 5g. and 5r.; 252.03 (15g); 252.04 (1g); 252.41 (2) (p), (q), and (r) and (5) (a) 5.; 252.43 (3m) (fm); and 252.44 (6) (e) 3m., relating to school-age child care programs and other child care licensing updates. Analysis Prepared by the Department of Children and Families
Statutes interpreted: Section 48.65, Stats. Related statutes and rules: NA
Explanation of Agency Authority
Section 48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. Summary of the Proposed Rules
DCF 251.094 and 251.095, Group Child Care Centers; School-Age Programs
The primary purpose of the rules is to better reflect the needs of providers and children in school-age child care programs by providing exceptions and alternate or additional requirements for school-age child care programs that are, or are in, group child care centers.
The rules create a new section on staff positions specific to school-age programs that includes the position responsibilities and requirements for a school-age administrator, school-age director, school-age program leader, school-age group leader, and school-age program aide. Individuals in these positions must meet either the position qualifications specific to school-age programs or the position qualifications that are generally applicable to group child care centers for the comparable positions of administrator, director, child care teacher, assistant child care teacher, or program aide.
The rules also modify the general supervision requirement of sight and sound supervision to require sight or sound supervision of children in school-age programs who are 7 years of age and older with some exceptions. In general, a school-age program leader or a child care teacher shall supervise a group of children. A school-age group leader who has completed the training for the position or an assistant child care teacher who has completed the training for the position and is age 18 or over may provide sole supervision for a group of school-age children for no more than 45 minutes if there is a qualified school-age program leader or child care teacher on the premises.
In addition, the rules modify requirements for school-age programs that are in school buildings that are currently in use as schools regarding immunization records, the timeframe to report a change in room usage to the department, the timeframe to notify the department of any construction or remodeling on the premises, and access to employee files.
The current s. DCF 251.095 is also rewritten for clarity. DCF 250, Family Child Care Centers; DCF 251, Group Child Care Centers; and DCF 252, Day Camps for Children
— Require unexpected center or day camp closures lasting more than 2 weeks to be reported within 24 hours after the center or camp or has been closed for a 2-week period.
— Clarify requirements if a center or camp uses time-out period to handle a child’s unacceptable behavior and require that the child not be isolated or removed from the group location. If caregivers are in need of additional adult support, the adults should come to the room, classroom setting, or group location.
— Clarify water testing requirements for centers and camps with a private well.
— 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.
DCF 250, Family Child Care Centers and DCF 251, Group Child Care Centers
The rules revise chs. DCF 250 and 251 to do the following: — Require centers to be tested for radon gas levels within 6 months after the rule’s effective date or 6 months prior to providing care for children. If the radon gas levels exceed 4 picocuries per liter of air in the lowest level of a center that is used by children in care for at least 7 hours per week, a radon mitigation system must be installed.
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 to support costs to remain in regulatory compliance, enhance health and safety practices, and promote continuous quality improvement.
After the initial tests, centers in residential buildings will be required to test for radon every 2 years and centers in commercial buildings will be required to test for radon every 5 years.
— Require that an audio monitoring device be used in areas or rooms where children under one year of age are placed to sleep.
— 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.
— Consolidate the training requirements on child abuse and neglect laws and center reporting procedures that are currently in the orientation and operating procedures sections into one provision in the section with other training requirements applicable to most child care staff.
— Require that leftover milk or formula be discarded within 2 hours after each infant feeding.
— Add a new position of program aide, who can assist with daily activities and maintenance of the program, such as preparing and participating in program activities and cleaning the premises. Program aides are not included when determining staff-to-child ratios.
— Require that centers with a private well have the water tested for nitrates. Currently nitrate testing is only required for centers that care for infants under 6 months of age.
— Require that smoke detectors be installed according to the manufacturer’s instructions.
DCF 251, Group Child Care Centers and DCF 252, Day Camps for Children
The 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 rules revise ch. DCF 250 to do the following: — Require family child care centers with a private well to test the water for lead contamination every 5 years. 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.
— Provide that licensees may operate no more than 2 family child care centers unless the license for each center was issued prior to the effective date of the rules.
DCF 251, Group Child Care Centers
In addition to the changes affecting school-age programs, the 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 the equivalent of 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.
— Move the qualifications for meal preparation personnel from the kitchen section to the staff qualifications section; reduce the minimum age from 18 to 17 years of age; reduce the training requirement from 4 hours annually to 4 hours prior to beginning work and one hour annually with an exception for personnel in a school-age program who are only required to complete one hour of training annually.
— 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 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 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. Child care facilities are required to test all drinking and cooking water for lead.
Michigan. Radon testing is required for family child care before licensure and every 4 years thereafter. Mitigation is required if radon levels are at or above the EPA recommended action level. Radon testing is not required for group child care. 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. Private well water must be tested for nitrates annually.
Iowa. Radon testing is required every 2 years for group child care facilities that are in a basement or the first floor of a building but is not required for family child care. Mitigation is required if radon levels are at or above the level EPA recommended action level. Centers with private well water are required to test annually for bacteria and, if the center will be caring for children under age 2, for nitrates.
Effect on Small Businesses
