Chapter DCF 202

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.

DCF 202.06(7)(b) (b) Issue a warning of revocation or suspension in writing.

DCF 202.06(7)(c) (c) Place conditions on the certification.

DCF 202.06(7)(d) (d) Except as provided under sub. (3), suspend the operator’s certification for not more than 60 days. The certification agency shall either reinstate or revoke the certification by the date that the suspension expires.

DCF 202.06 History History: Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.60, Register, July, 1999, No. 523, eff. 8-1-99; CR 02-007: renum. and am. DWD 55.06 to be (4), cr. (1) (d), (e), (g), (h), (2) and (3) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (1) (intro.), (a), (b), (d), (e), (g), (h) and (2) to (4), cr. (1) (i) and (j) Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (a), (j), (2) and (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (1) (intro.), (c), (e), (j), (2), (4) Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20.

DCF 202.07 DCF 202.07 Complaints.

DCF 202.07(1) (1) Except as provided in sub. (2), a certification agency shall investigate a complaint about a certified child care operator within 10 working days after receiving the complaint.

DCF 202.07(2) (2) No later than the next day after a certification agency receives a complaint or self-report that suggests imminent danger may exist to the health, safety, and welfare of children in care, the certification agency shall respond to a complaint or self-reported incident.

DCF 202.07 History History: Cr. 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 55.605, Register, July, 1999, No. 523, eff. 8-1-99; CR 07-071: am. Register May 2008 No. 629, eff. 6-1-08; 2015 Wis. Act 132: am. Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20.

DCF 202.08 DCF 202.08 Standards for family child care and in-home child care.

DCF 202.08(1) (1) Qualifications of providers.

DCF 202.08(1)(a) (a) Ability, age and health.

DCF 202.08(1)(a)1. 1. A provider shall be physically, mentally, and emotionally able to provide responsible child care and shall be at least 18 years of age.

DCF 202.08(1)(a)2. 2. Each child care operator shall demonstrate that the operator is free from tuberculosis prior to initial certification. Each provider shall demonstrate that he or she is free from tuberculosis prior to the date the provider begins working with children in care. The certification agency may accept the results of a test administered up to 12 months before the certification date or the date the person began to work with children in care.

DCF 202.08(1)(b) (b) Training.

DCF 202.08(1)(b)1. 1. Training in the most current medically accepted methods for reducing the risk of sudden infant death syndrome is required as follows:

DCF 202.08(1)(b)1.a. a. Prior to certification for each child care operator.

DCF 202.08(1)(b)1.b. b. Prior to beginning to work with children in care for each provider, including volunteers, substitutes, and emergency back-up providers, or any other person who provides care and supervision for children under one year of age.

DCF 202.08(1)(b)2. 2. Department-approved training on shaken baby syndrome, abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children is required, as follows:

DCF 202.08(1)(b)2.a. a. Prior to certification for each child care operator.

DCF 202.08(1)(b)2.b. b. Prior to beginning to work with children in care for each provider, including volunteers, substitutes, and emergency back-up providers, or any other person who provides care and supervision for children under 5 years of age.

DCF 202.08 Note Note: A person who completed a non-credit, department-approved course called either Introduction to the Child Care Profession or the Fundamentals of Infant and Toddler Care after July 1, 2005 will have met the SBS department-approved training requirement. The department-approved SBS course is also included in the course called Health, Safety and Nutrition offered by a Wisconsin technical college taken after July 1, 2005.

DCF 202.08(1)(b)3. 3. Each certified child care operator and each provider shall comply with s. 48.651 (1d) (b), Stats., and successfully complete all of the following training by the applicable date specified in subd. 4.:

DCF 202.08(1)(b)3.a. a. At least 2 credits in early childhood education or a department-approved non-credit course in caring for children.

DCF 202.08(1)(b)3.b. b. A department-approved non-credit course in operating a child care business or a course for credit in business or program administration.

DCF 202.08(1)(b)3.c. c. Training in child abuse and neglect laws and identifying, documenting, and reporting child abuse and neglect.

DCF 202.08 Note Note: A person who completed a non-credit, department-approved course called the Introduction to the Child Care Profession will have met the child abuse and neglect training requirement.

DCF 202.08(1)(b)3.d. d. Obtain and recertify as necessary to maintain current certification in infant and child cardiopulmonary resuscitation (CPR). The CPR training must result in a certificate of completion. If the certificate of completion does not have a date specifying the length of time for which it is valid, the CPR training must be renewed every year. Time spent renewing cardiopulmonary resuscitation may be counted towards the required continuing education hours under subd. 5.

DCF 202.08(1)(b)4. 4.

DCF 202.08(1)(b)4.a. a. A regular child care operator shall complete department-approved preservice training under subd. 3. prior to the certification agency granting regular certification.

DCF 202.08(1)(b)4.b. b. A provisional certified child care operator shall complete department-approved preservice training under subd. 3. within 3 months after provisional certification.

DCF 202.08(1)(b)4.c. c. A provider working in a regular or provisional certified child care program shall successfully complete department-approved preservice training under subd. 3. by 3 months after work commencing.

DCF 202.08(1)(b)4.d. d. A substitute shall complete the training specified in subd. 1. and 2. but need not meet requirements under subd. 3. until the substitute has worked for 240 cumulative hours.

DCF 202.08(1)(b)5. 5. After completion of preservice training under subd. 3., a child care provider shall receive and document receiving at least 5 hours of qualifying continuing education annually. Continuing education qualifies under this subdivision if it covers any of the following:

DCF 202.08(1)(b)5.a. a. Prevention and control of infectious diseases.

DCF 202.08(1)(b)5.b. b. Prevention of sudden infant death syndrome and use of safe sleeping practices.

DCF 202.08(1)(b)5.c. c. Administration of medications, consistent with parental consent.

DCF 202.08(1)(b)5.d. d. Prevention of and response to emergencies due to allergic reactions to food or other allergens.

DCF 202.08(1)(b)5.e. e. Building and physical premises safety, including identification of and protection from electrical hazards, bodies of water, vehicular traffic, and other hazards that can cause bodily injury.

DCF 202.08(1)(b)5.f. f. Prevention of shaken baby syndrome and abusive head trauma.

DCF 202.08(1)(b)5.g. g. Emergency preparedness and response planning for emergencies resulting from natural disaster or human-caused events.

DCF 202.08(1)(b)5.h. h. Handling and storage of hazardous materials and the appropriate disposal of biocontaminants. In this subd. 5. h., “biocontaminants” includes blood, body fluids, or excretions that may spread infectious disease.

DCF 202.08(1)(b)5.i. i. Transportation safety, if appropriate.

DCF 202.08(1)(b)5.j. j. First aid and cardiopulmonary resuscitation.

DCF 202.08(1)(b)5.k. k. Identification and reporting of suspected child abuse or neglect.

DCF 202.08(1)(b)5.L. L. Caring for children with disabilities.

DCF 202.08(1)(b)5.m. m. Nutrition.

DCF 202.08(1)(b)5.n. n. Other topics that promote child development or protect children’s health and safety.

DCF 202.08(1)(b)6. 6. Continuing education hours completed in excess of the 5 hour requirement in subd. 5. may be used to meet the continuing education requirement for the following year.

DCF 202.08(1m) (1m) General conditions of approval and operational requirements.

DCF 202.08(1m)(a) (a) Administration.

DCF 202.08(1m)(a)1. 1. A certified child care operator shall be a responsible, mature individual who is fit and qualified. In determining whether an applicant is fit and qualified, the certification agency shall consider qualifications under sub. (1) and any information listed under s. DCF 202.02 (7m) by the applicant, operator, household member, or other individual directly or indirectly participating in the operation of the certified child care.

DCF 202.08(1m)(a)2. 2. Prior to receiving or continuing certification, an applicant or operator shall complete all application forms truthfully and accurately and pay all fees that are due to the certification agency or to the department.

DCF 202.08(1m)(a)3. 3. A certified child care operator shall ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care premises does not adversely affect the health, safety, or welfare of any child in care.

DCF 202.08(1m)(a)4. 4. A certified child care operator shall comply with all laws governing the certified child care program and its operation, including s. 48.686, Stats., and ch. DCF 13 and ensure that all employees and volunteers comply with these laws.

DCF 202.08(1m)(a)5. 5. A certified child care operator shall comply with all requirements in this chapter and ch. DCF 13 and with any conditions or restrictions placed on the certification.

DCF 202.08(1m)(a)6. 6. A certified child care operator shall include in its personnel or operating policies a provision that requires a provider to notify the child care operator as soon as possible, but no later than the child care program’s next working day, of the reporting requirements under par. (b) 5. to 7.

DCF 202.08(1m)(a)7. 7. A certified child care operator shall ensure all information provided to the certification agency and the department is current and accurate.

DCF 202.08(1m)(a)8. 8. A certified child care operator shall maintain a current written record on each child in care, including the provider’s own children under 7 years of age, and make the record available to a child care certification worker upon request.

DCF 202.08(1m)(a)9. 9. A certified child care operator shall permit a child care certification worker to have unrestricted access to the premises, including access to children served, child records, and any other materials related to compliance under this chapter.

DCF 202.08(1m)(a)10. 10. A certified child care operator shall comply with all of the following conditions of the operator’s certification:

DCF 202.08(1m)(a)10.a. a. The number of children in care at any time may not exceed the number specified.

DCF 202.08(1m)(a)10.b. b. The age of the children in care may not be younger or older than the age range specified.