Chapter DCF 202

DCF 202.02(20w) (20w) “Suspension” means a temporary interruption in regulatory approval.

DCF 202.02(21) (21) “Tribe” means a Wisconsin American Indian tribe recognized by the federal government.

DCF 202.02(21m) (21m) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service’s centers for disease control and adopted by the U.S. occupational safety and health administration as 29 CFR 1910.1030.

DCF 202.02 Note Note: “Standard precautions” for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA website at http://www.osha.gov.

DCF 202.02(22) (22) “Volunteer” means a person who is not paid but who agrees to give time, with or without reimbursement for expenses, to transport children in care or to work in a certified child care home.

DCF 202.02(23) (23) “Wading pool” means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water, and used primarily for small children.

DCF 202.02 History History: Cr. Register, August, 1985, No. 356, eff. 9-1-85; r. and recr. Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr., Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.56; r. and recr. (1) and am. (4) and (22), Register, July, 1999, No. 523, eff. 8-1-99; correction in (6) and (13) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; CR 02-007: am. (1) and (4), cr. (3m) and (4m) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: cr. (1m), (3b), (3e), (3k), (5g), (5r), (8m), (9c), (9g), (9r), (12m), (20c) to (20w), r. and recr. (2), (15) and (22), am. (3), (6) and (8), renum. (4m) and (20) to be (3h) and (3f) and am., r. (7) and (17) Register May 2008 No. 629, eff. 6-1-08; corrections in (1m), (2), (3m), (5), (6), (8), (9) and (20r) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: r. (1), cr. (1s), am. (2), (3h), r. (4), am. 14 Register February 2016 No. 722, eff. 3-1-16; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23), eff. 1-30-19; CR 19-089: cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23) Register March 2020 No. 771, eff. 4-1-20 except (3), eff. 4-1-20 and 10-1-21; correction in (9g) made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771.

DCF 202.04 DCF 202.04 Certification.

DCF 202.04(1) (1) Basis for certification. In order to be certified, a child care operator shall meet all of the following conditions:

DCF 202.04(1)(a) (a) The operator is exempt from the licensure requirement under s. 48.65, Stats.

DCF 202.04(1)(b) (b) There is no child care center licensed under ch. DCF 250 on the premises where the certified child care operator cares, or will care, for children.

DCF 202.04(1)(c) (c) The operator complies with the standards in this chapter.

DCF 202.04(2) (2) Types of certified operators. A certified child care operator may be certified as a certified family child care operator or a certified in–home child care operator. Certified family child care operators and certified in–home child care operators are required to meet the standards under this chapter and may care for infant, toddler, preschool, or school–age children consistent with s. DCF 202.08 (6).

DCF 202.04(3) (3) Certification administration.

DCF 202.04(3)(a) (a) The certification agency that is responsible for certifying an operator shall be determined by the geographic area in which the child care is provided.

DCF 202.04(3)(b) (b) A certification agency shall do all of the following:

DCF 202.04(3)(b)1. 1. Ensure that each new child care certification worker completes the department-approved new certification worker training during the first 6 months of employment.

DCF 202.04(3)(b)2. 2. Maintain certification records demonstrating agency, applicant, and operator compliance with requirements under this chapter. Certification applicant and operator records shall be retained for 6 years after the closure of a certified child care program, an application denial, an application withdrawal, or a final appeal decision denying an application.

DCF 202.04(3)(b)3. 3. Provide to prospective applicants prior to initial certification a copy of the applicable requirements of this chapter and information on child care certification, including information on all of the following:

DCF 202.04(3)(b)3.a. a. Preservice training requirements.

DCF 202.04(3)(b)3.b. b. Reducing the incidence of sudden infant death syndrome.

DCF 202.04(3)(b)3.c. c. Preventing shaken baby syndrome and abusive head trauma.

DCF 202.04(3)(b)3.d. d. Child development, positive child guidance, and health and safety, including first-aid and nutrition.

DCF 202.04(3)(b)3.e. e. The child care subsidy program.

DCF 202.04(3)(b)3.f. f. The child care quality rating and improvement system.

DCF 202.04(3)(b)4. 4.

DCF 202.04(3)(b)4.a. a. Require an applicant for certification to submit a completed background check request form and to receive a final determination of eligibility prior to initial certification.

DCF 202.04(3)(b)4.b. b. If an applicant is applying to be a certified family child care operator, require household members 10 years of age and older to submit a completed background check request form and to receive final determinations of eligibility prior to initial certification.

DCF 202.04(3)(b)5. 5. Require any potential household member of a certified family child care operator 10 years of age or older, and any potential provider, substitute, or employee to submit a completed background check request form and receive from the department a preliminary eligibility determination under s. 48.686 (4p), Stats., prior to residency, supervised employment, or volunteer work commencing.

DCF 202.04(3)(b)6. 6. When a current household member of a certified family child care operator turns 10 years of age, require the operator to submit a completed background check request form to the certification agency by the agency’s next business day.

DCF 202.04(3)(b)7. 7. Follow the requirements for conducting child care background checks under s. 48.686, Stats., and ch. DCF 13.

DCF 202.04(3)(b)8. 8. Request a statement from the appropriate regulating agency indicating the regulating agency approves a child care business in the applicant’s home if the applicant has a separate license or certification to care for children or adults, including foster care or adult care.

DCF 202.04(3)(b)9. 9. Conduct an on–site inspection of the premises where child care will be provided or is provided, including areas not used for child care, at all of the following times:

DCF 202.04(3)(b)9.a. a. Prior to initial certification.

DCF 202.04(3)(b)9.b. b. Not less than annually.

DCF 202.04(3)(b)9.c. c. Upon receiving an application for recertification.

DCF 202.04(3)(b)9.d. d. Upon receiving an application for a new location.

DCF 202.04(3)(b)10. 10. Conduct the annual inspection of all certified child care operators under subd. 9. b. as specified by the department to monitor for health and safety standards. The inspection of certified family child care operators shall be unannounced and during hours of operation. The inspection of certified in-home child care operators may be announced and does not have to be during hours of operation.

DCF 202.04(3)(b)11. 11. After initial certification is granted, document monitoring results in the manner prescribed by the department and issue a compliance statement or a noncompliance statement.

DCF 202.04(3)(b)12. 12. Do all of the following, if the operator provides transportation services:

DCF 202.04(3)(b)12.a. a. Inspect a child vehicle safety alarm, at least annually, to determine whether the child safety alarm is in good working order as required under s. DCF 202.08 (9) (p) to (s).

DCF 202.04(3)(b)12.b. b. Review the driving record of each driver of a vehicle used to transport children in care to ensure 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. In determining whether a driver may pose a threat to children, the certification agency shall consider the totality of the driver’s record and any other relevant facts under s. DCF 202.08 (9) (f).

DCF 202.04 Note Note: Information on how to obtain driving records may be obtained by contacting the Department of Transportation at [phone] or http://dot.wisconsin.gov/drivers/drivers/point/abstract.htm.

DCF 202.04(3)(b)13. 13. Refuse to approve more than one certified family child care operator for each residence.

DCF 202.04(3)(b)14. 14. No later than the next business day, document in a manner prescribed by the department any reports of the death of a child in care, or any accident or incident that results in an injury to a child in care that requires professional medical evaluation.

DCF 202.04(3)(c) (c) A certification agency may do any of the following:

DCF 202.04(3)(c)1. 1. Conduct additional on–site inspections to monitor compliance with certification standards, in addition to the required inspections under par. (b) 9.

DCF 202.04(3)(c)2. 2. Require an applicant for certification to submit references at initial certification.

DCF 202.04(3)(c)3. 3. Require an evaluation and written statement by a physician or licensed mental health professional of any person associated with the care of children or any household member if the certification agency has any reason to believe that the person’s physical or mental health may endanger children in care. The certification agency shall document the reason it believes the person’s physical or mental health may endanger children in care.

DCF 202.04(3)(c)4. 4. Impose conditions for approval of certification.

DCF 202.04(3)(c)5. 5. Enter into a temporary closure agreement with an operator that sets forth specific terms and conditions for the closure, not to exceed 365 days. An on-site monitoring visit must be conducted prior to reopening.

DCF 202.04(4) (4) Application.

DCF 202.04(4)(a) (a) Form. An application for initial certification, recertification, or relocation under this section shall be made on a form prescribed by the department, which is available from the certification agency in the county or tribal territory where the child care is provided. The applicant shall submit the completed form and any other material necessary to make a certification decision to the certification agency.

DCF 202.04 Note Note: Form DCF-F-DWSW48-E, Certification Application – Family and In-Home Child Care Programs, is available from a certification agency or on the department’s website at https://dcf.wisconsin.gov/index.php/cccertification/ccformspubs.

DCF 202.04(4)(b) (b) Individual only. An applicant for certification shall be an individual.

DCF 202.04(4)(c) (c) Child care background check. An applicant and certification agency shall comply with the background check requirements under s. 48.686, Stats., and ch. DCF 13.

DCF 202.04(4)(d) (d) Fees. A certification agency may charge a fee for child care certification not to exceed 150 percent of the licensing fee for a family child care center that provides care and supervision for 4 to 8 children under s. 48.65 (3) (a), Stats. The department may charge a fee for the cost of conducting the child care background checks.

DCF 202.04(4)(e) (e) Approval. Within 60 days after completion of a satisfactory determination that the applicant is fit and qualified and compliant with the standards in this chapter, the certification agency shall either approve the application and issue a certification under sub. (5) (a) or (b) or deny the application.

DCF 202.04(5) (5) Categories of certification. Certification of an operator by a certification agency shall be provisional or regular as follows:

DCF 202.04(5)(a) (a) Provisional. Provisional certification may be issued only after the child care operator has demonstrated compliance with all certification standards under this chapter, except training specified in s. DCF 202.08 (1) (b) 3. Provisional certification shall be granted for a period not to exceed 6 months and may not be renewed or extended.

DCF 202.04(5)(b) (b) Regular.

DCF 202.04(5)(b)1. 1. Regular certification may be issued only after the child care operator has demonstrated compliance with all certification standards under this chapter, including requirements for completing department-approved preservice training under s. DCF 202.08 (1) (b) 3.

DCF 202.04(5)(b)2. 2. Regular certification shall be granted for a period of 2 years and may be renewed upon application for recertification. The two-year period includes a combination of provisional and regular certification.

DCF 202.04 History History: Cr. Register, August, 1985, No. 356, eff. 9-1-85; am. (4) (b), Register, November, 1987, No. 383, eff. 12-1-87; renum. (5) to be (6), cr. (5), Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.58, am. (2) (a) and (b), (3) (c), (d) 1. and 2., (5) (a) and (b), (7) (a) and (b) 1., and (8) and cr. (9), Register, July, 1999, No. 523, eff. 8-1-99; CR 02-007: am. (3) (b), (5) (a), (b), (7) (b) 2. c., d., and (9), r. (3) (f), cr. (6) (c), (7) (b) 2. h., and 3. d. Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (1), (2), (5) (title), (a), (b), (7) (a), (b) 1., 2. a. to f., 3. a. to d. and (9), r. (3) (b) and (7) (b) 4., r. and recr. (3) (e) and (7) (b) 2. g., cr. (3) (f), (4) (b), (7) (b) 2. bm. and 3. e., renum. (4) to be (4) (a) and am. Register May 2008 No. 629, eff. 6-1-08; corrections in (2), (3) (d), (e) 2., (5), (7) (a), (b) 1., (8) and (9) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (3) (a), (d), (e) (intro.), (f), (4) (a), (b), (5) (intro.), (6) (a), (b), (c), (7) (a), (b) 1., 2. (intro.), 3. (intro.), e., (8), (9) Register February 2016 No. 722, eff. 3-1-16; CR 14-028: am. (7) (b) 2. d. Register July 2016 No. 727, eff. 8-1-16; corrections in (3) (e) 2. and (9) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20 except r. (4) (bm), eff. 10-1-21; correction in (3) (b) 5., 6., 12. b. made under s. 35.17, Stats., Register March 2020 No. 771.

DCF 202.06 DCF 202.06 Enforcement actions and conditions.

DCF 202.06(1) (1) A certification agency may deny, suspend, revoke, refuse to renew certification, issue a warning of enforcement, initiate other enforcement actions specified in this chapter, or place conditions on the certification if any of the following apply:

DCF 202.06(1)(a) (a) The child care operator is not in compliance with this chapter, ch. DCF 13, s. 48.686, Stats., or conditions on the certification.

DCF 202.06(1)(b) (b) The certification agency determines there is danger to the health, safety, or welfare of the children in care.

DCF 202.06(1)(c) (c) The court, department, certification agency, or local agency that administers the child care subsidy program determines that a certified child care operator has done any of the following:

DCF 202.06(1)(c)1. 1. Misrepresented or withheld information.

DCF 202.06(1)(c)2. 2. Submitted false or misleading information.

DCF 202.06(1)(c)3. 3. Failed to comply with the terms of the child care subsidy program.

DCF 202.06(1)(d) (d) The child care operator fails to cooperate with the department or certification agency.

DCF 202.06(1)(e) (e) The applicant’s license or certificate to care for children or adults has been denied or revoked.

DCF 202.06(1)(f) (f) The child care operator or other provider denies the child care certification worker access to the premises or children’s records to monitor compliance with the certification standards.

DCF 202.06(1)(g) (g) The evaluation under s. DCF 202.04 (3) (c) 3. gives the certification agency reasonable concern that the person’s physical or mental health may endanger children in care.

DCF 202.06(1)(h) (h) The certification agency has determined the applicant or operator is not fit and qualified.

DCF 202.06(2) (2) A certification agency may not approve a child care certification or approve an employee, volunteer or other provider, if the department determines that the applicant or operator, or other person subject to the child care background check is ineligible, unless the determination of ineligibility is overturned on appeal under s. 48.686 (4s), Stats.

DCF 202.06(3) (3) A certification agency shall suspend certification if the operator, or other individual subject to the child care background check, is the subject of a pending charge for a serious crime under s. 48.686 (1) (c), Stats.

DCF 202.06(4) (4) A certification agency shall require a child care operator to submit a new application for certification if the operator’s previous certification was denied, revoked, or not renewed for a reason specified in this section.

DCF 202.06(5) (5) A certification agency may refuse to accept a new application for 2 years after the date of a denial, revocation, or refusal to renew the certification. An applicant may appeal the refusal decision as specified under sub. (6).

DCF 202.06(6) (6) 

DCF 202.06(6)(a) (a) If a certification agency denies, suspends, revokes, or refuses to renew a certification, the certification agency shall notify the child care applicant or operator in writing and give reasons for the action.

DCF 202.06(6)(b) (b) An action described in par. (a) may be appealed as follows:

DCF 202.06(6)(b)1. 1. An action of a county department may be appealed under ch. 68, Stats., which provides for administrative review of the decisions of local agencies.

DCF 202.06(6)(b)2. 2. An action of a tribal agency may be appealed to the tribal agency, which shall use an appeal process equivalent to the process in ch. 68, Stats.

DCF 202.06(6)(b)3. 3. In a county with a population of 750,000 or more, the certification agency’s action may be appealed under ch. 227, Stats.

DCF 202.06(7) (7) If a certified child care operator violates the provisions of this chapter, ch. DCF 13, or s. 48.686, Stats., the certification agency shall document the violations and, if appropriate, require the operator to submit a plan of correction for violation in writing and may impose any or all of the following:

DCF 202.06(7)(a) (a) Forbid the operator to enroll any new children until all violations have been corrected.