Wisconsin Legislature: DCF 252.07(3)(a)

(b) The department shall issue a day camp license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.

Note: See DCF 252.04 (13m) for the definition of “fit and qualified.”

(c) A facility that provides care on a regular basis to 4 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed.

(d) Prior to receiving a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due to the department.

(e) The department may refuse to issue or continue a license if another program operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.

(f) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the camp or any household member of the camp might endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that shall certify the condition of the individual and the possible effect of that condition on the day camp or children in care.

(g) The department may deny or revoke the license if the examination specified under par. (f) gives the department reasonable concern for the care of children.

(h) The department may not process an application for a license if the applicant has had a license or certification to operate a day camp or child care center revoked or denied within the last 2 years. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care or day camp license or certification revoked or denied.

(i) The department shall consider a licensee who fails to submit any of the materials described in sub. (1) (c) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the day camp.

History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; r. (1) and (2) (c) 7., renum. (2) (a) to (c) 6. and 8. and (d) to (h) and (3) to (8) to be (1) (a) to (c) 6. and 8. and (d) to (h) and (2) to (7) and am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 5. a., Register, August, 1989, No. 404, eff. 9-1-89; CR 07-102: am. (1) (a) (intro.), 1. to 5., (b) (intro.), 1., 2., (c) (intro.), 1. to 4., 6., (d) (intro.), (2), (4), (5) (intro.), (a) to (d), (6) (a) (intro.), 1. to 4. and (b), cr. (1) (a) 2m., (c) 7., 9. to 15., (5) (e) to (h), (6) (a) 5. and (8) to (10), r. (1) (b) 3. to 5., (c) 8. (intro.), b. and (d) 1. to 5., r. and recr. (1) (c) 5., (e) to (h) and (7), renum. (1) (c) 8. a. to be (1) (c) 8. and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (1) (c) 12., (5) (e) and (7) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b), eff. 1-30-19; CR 19-089: am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b) Register March 2020 No. 771, eff. 4-1-20; correction in (6) (a) 4. made under s. 35.17, Stats., Register May 2020 No. 773; CR 21-100: am. (9) Register February 2023 No. 806, eff. 3-1-23.

DCF 252.06 Complaints, inspections and enforcement actions.

(1) Complaints. Anyone having a complaint about a licensed or illegally operating day camp may submit that complaint to the department by telephone, letter, e-mail, fax or personal interview. Every complaint shall be investigated by a licensing representative. A written report of the findings of the investigation shall be sent to the complainant upon request.

Note: A complaint should be sent, phoned or delivered to the appropriate regional licensing office listed in Appendix A.

(2) Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any day camp at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises, whether temporary or permanent, which are identified in the license, children in care, staff and child records, and any other materials or individuals with information on the camp’s compliance with this chapter.

(3) Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.686, 48.715, or 48.76, Stats.

History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: am. (title), renum. to be (1) and am., cr. (2) and (3) Register December 2008 No. 636, eff. 1-1-09; CR 14-028: renum. (2) to (2) (a), cr. (2) (b) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr. (2), am. (3), eff. 1-30-19; CR 19-089: r. and recr. (2), am. (3) Register March 2020 No. 771, eff. 4-1-20; CR 20-003: renum. (2) (a) to (2), r. (2) (b) Register July 2020 No. 775, eff. 8-1-20.

DCF 252.07 Non-discrimination, confidentiality, and reporting child abuse or neglect.

(1) Discrimination prohibited.

(a) The licensee shall ensure that the day camp does not discriminate in employment against properly qualified individuals in a manner prohibited in ss. 111.31 to 111.395, Stats.

(b) The licensee shall ensure that the day camp does not discriminate against any enrolled child and family or any applicant for enrollment in admission, privilege of enrollment, or discharge condition on the basis of age, race, color, sex, sexual orientation, creed, disability, national origin, or ancestry as provided in s. 106.52, Stats.

(2) Confidentiality of records.

(a) The licensee is responsible for the day camp’s compliance with s. 48.78, Stats., and this subsection.

(b) Persons who have access to children’s records may not discuss or disclose personal or other information about a child or a child’s relatives. This paragraph does not apply to any of the following:

1. The child’s parent.

2. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.

3. An agency authorized under s. 48.78, Stats., to have access to children’s records.

(c) If a parent requests a record or report on the parent’s child, the day camp shall make the record or report accessible to the parent.

(d) All records required by the department for licensing purposes shall be made available to licensing representatives upon request.

(3) Reporting child abuse or neglect.

(a) A licensee, employee, or volunteer at a day camp who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in s. 48.02 (1) or (12g), Stats., shall immediately contact the county department of social services under s. 46.22, Stats., the county department of human services under 46.23, Stats., the department in a county with a population of 750,000 or more, or the local law enforcement agency in compliance with s. 48.981, Stats.

(b) The licensee shall ensure that every employee or volunteer who comes in contact with the children at the day camp has received annual pre-camp training in all of the following:

1. Child abuse and neglect laws;

2. Identification of children who have been abused or neglected; and

3. The process for ensuring that known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

Note: Failure of the licensee to report known or suspected incidents of child abuse or neglect does not lessen the legal duty of the child care worker to report known or suspected cases of child abuse or neglect.

History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: r. and recr. (1) and (2), am. (3) (b) (intro.) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3., eff. 1-30-19; CR 19-089: am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3. Register March 2020 No. 771, eff. 4-1-20.

DCF 252.08 Pets and other animals.

(1) Pets that are kept on the premises of a day camp shall be maintained in good health and appropriately vaccinated against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.

(2) A pet that is suspected of being ill, or infested with external lice, fleas, ticks, or internal worms shall be inaccessible to children.

(3) In the event that an animal bites a child, the parent shall be notified and a veterinarian shall be contacted by center personnel to determine a course of action in the diagnosis of possible rabies in the animal. Procedures for emergency care of children shall be followed. Parents shall be notified of any action taken by the veterinarian.

(4) Turtles, skunks, exotic animals, wild animals and poisonous reptiles may not be kept as pets on the premises of the day camp.

(5) Animal pens shall be kept clean.

(6) All contact between pets or animals and children shall be under the supervision of a camp counselor who is close enough to remove the child immediately if the pet or animal shows signs of distress or the child shows signs of treating the pet or animal inappropriately. Pets shall be kept and handled in a manner which protects the well-being of both children and pets.

(7) Pets in rooms used by children shall be confined in cages while food is being prepared or served. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms and other food storage areas. Pet and animal feeding dishes and litter boxes may not be placed in areas accessible to children.

(8) No horses or other livestock may be permanently quartered closer than 500 feet from any building in which the day camp is located.

(9) Pets that pose any risk to the children shall be restricted from the areas used by children.

(10) Procedures to be followed when children have contact with animals, other than pets, while in the care of the camp shall be included in the camp’s health policy.

Note: Service animals used by a person with a disability to assist that person are not considered pets under this rule while they are working as a service animal.

History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: am. (title), (1), (2), (4), (6) and (8), r. and recr. (7), cr. (9) and (10) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (2), eff. 1-30-19; CR 19-089: am. (2) Register March 2020 No. 771, eff. 4-1-20.

DCF 252.09 Transportation.

(1) Applicability.

(a) Except as provided in par. (b), this section applies to all transportation of children in care, including both regularly scheduled transportation to and from the camp and field trip transportation, if any of the following apply:

1. The licensee owns or leases the vehicle used.

2. The licensee contracts with another individual or organization that owns or leases the vehicle used.

3. Employees, parents, or volunteers are transporting children at the direction, request, or on behalf of the licensee.

(b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the counselor-to-child ratios in Table DCF 252.425:

1. The requirement that a licensee obtain a copy of the driver’s driving record under sub. (4) (c).

2. The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b).

3. The requirements related to child care vehicle safety alarms under sub. (8).

(c) The licensee shall document in their policies that transportation provided through a written or verbal contract with another individual or organization meets the requirements of this section.

(2) Permission and emergency information. Before transporting a child, a licensee shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include the following information:

(a) The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.

(b) An address and telephone number where a parent or other adult can be reached in an emergency.

(d) Written consent from the child’s parent or guardian for emergency medical treatment.

Note: The licensee may use the department’s form, Child Care Enrollment, to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain forms is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(3) Required information for each trip. The licensee shall ensure that written documentation of all of the following is maintained at the camp and in any vehicle transporting children while the children are being transported:

(a) A list of the children being transported.

(b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported.

(4) Driver.

(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid driver’s license for the state where the driver resides and for the type of vehicle driven.

(b) Before a driver who is not the licensee first transports children the licensee shall provide the driver with a training. The licensee shall review, document, and update the training as necessary with each driver annually. The training shall include all of the following:

1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.

2. The procedure for loading, unloading, and tracking of children being transported.

3. The procedure for evacuating the children from a vehicle in an emergency.

4. Behavior management techniques for use with children being transported.

5. A review of this section and the applicable statutes under s. 347.48, Stats.

6. A review of applicable camp policies.

7. First aid procedures.

8. A review of child abuse and neglect laws and center reporting procedures.

9. Information on any special needs a child being transported may have and the plan for how those needs will be met.

10. A review of the use of the vehicle alarm, if applicable.

11. Any other job responsibilities as determined by the licensee.

(c)

1. Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.

2. In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver’s record, any other relevant facts, and all of the following factors in combination:

a. The seriousness of any accidents or violations.

b. How much time has passed since an accident or violation occurred.