Wisconsin Legislature: DCF 250.03(14m)

(2) Exception to the requirement. The department may grant an exception to a requirement of this chapter when a family child care center demonstrates to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the pertinent provision in this chapter.

Note: A request for an exception to a requirement of this chapter should be sent to the regional licensing representative of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05.

DCF 250.03 Definitions. In this chapter:

(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.

(1r) “Background check request form” means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13.

Note: Form DCF-F-5296, Background Check Request, is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(2) “Care” means providing for the safety and developmental needs of a child in a family child care center.

(3) “Center-provided transportation” means transportation in a vehicle owned by or contracted for the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.

(3m) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

(4) “Complaint” means an allegation of violation of this chapter or ch. 48, Stats.

(4m) “Crib” means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.

(5) “Department” means the Wisconsin department of children and families.

(5m) “Early childhood education” means the teaching of children who are 8 years of age or less.

(6) “Emergency” means unforeseen circumstances that require immediate attention.

(7) “Emergency back-up provider” means a designated adult available within 5 minutes of the premises who can provide assistance in the event an emergency occurs that requires a provider to leave the premises occasionally for a short period of time.

(8) “Employee” means any adult who is compensated to provide care and supervision of children enrolled in a family child care center, including a helper or assistant to a child care provider.

(8m) “EPSDT provider” means a provider of health assessment and evaluation services that is eligible to be certified under s. DHS 105.37 (1) (a).

(9) “Family child care center” or “center” means a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider.

(10) “Field trip” means any experience a child has away from the premises of the center while in the care of center staff, whether a child walks or is transported.

(11) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

(a) Abuse of alcohol or drugs.

(b) A history of a civil or criminal conviction or administrative rule violation that is substantially related to the care of children, as determined under s. DCF 13.05.

(d) A history of civil or criminal offenses or any other action that demonstrates an inability to manage the activities of a center.

(12) “Foster care” means care and maintenance provided to a child in a foster home pursuant to a court order or voluntary placement agreement.

(13) “Foster home” means any facility operated by a person licensed under s. 48.62 (1), Stats.

(13m) “Hazard” means a potential source of harm that can jeopardize the health, safety or well-being of a child in care.

(14) “Hours of operation” means the hours within the terms of the license during which children are actually in the care of the center.

(14m) “Household member” means any person who resides, or is expected to reside, at the family child care center and who has or may have direct contact with a child in the care of the center, whether or not related to the licensee.

(15) “Inclement weather” means stormy or severe weather such as any of the following:

(a) Heavy rain.

(b) Temperatures above 90 degrees Fahrenheit.

(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.

(16) “Infant” means a child under one year of age.

(17) “In care” means 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.

(17m) “Licensed hours” means the authorized hours specified on the license certificate and letter of transmittal within which the center may provide care.

(18) “Licensee” means the individual that has the legal and fiscal responsibility for the operation of a center and for meeting the requirements of this chapter.

(19) “Licensing representative” means a department employee responsible for licensing family child care centers.

(21) “Night care” means any care that is offered by a licensed family child care center between 10:00 p.m. and 5:00 a.m.

(22) “Parent” means either “parent” as defined in s. 48.02 (13), Stats., or “guardian” as defined in s. 48.02 (8), Stats.

(23) “Physical restraint” means the use of physical force to restrict the free movement of all or a portion of a child’s body.

(24) “Physician” has the meaning given in s. 448.01 (5), Stats.

(25) “Physician assistant” has the meaning given in s. 448.971 (2), Stats.

(26) “Premises” means the tract of land on which the center is located, including all buildings and structures on that land.

(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.

(27) “Provider” means an adult who has met the requirements specified in s. DCF 250.05 (3) in a family child care center and who provides care and supervision of the children in care of the center.

(28) “Provider’s own children” means a provider’s natural or adopted children, foster children, stepchildren, or other children who reside in the family child care center.

(29) “Representative of the department” means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.

(30) “School-age child” means a child 5 years of age or older who is enrolled in a public or private school.

(30m) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.

(31) “Sleeping bag” means a padded fabric bag that is closed or capable of being closed on 3 sides.

(32) “Substitute” means a provider who replaces another provider on a pre-arranged basis.

(33) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene and a review of the clinical history.

(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), 250.07 (7) (e), and 250.09 (1) (c) 4g.

(35) “Toddler” means a child at least one year of age but less than 2 years of age.

(36) “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 (OSHA) as 29 CFR 1910.1030.

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 web site at http://www.osha.gov. Information is also available from the Child Care Information Center, 1-800-362-7353.

(37) “Volunteer” means a person who is not paid, but who agrees to give time, with or without reimbursement for expenses, to transport children attending a family child care center or to work in a family child care center.

(38) “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.

History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2), (5), (11) (b), (14), (20) and (34) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 07-102: cr. (4m), (11) (d), (13m), (14m) and (30m), am. (10), (11) (intro.), (15) (b) to (d), (18), (27), (28), (34) and (37) Register December 2008 No. 636, eff. 1-1-09; corrections in (27) and (34) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; CR 10-148: am. (13) Register August 2011 No. 668, eff. 9-1-11; correction in (2), (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. r. and recr. (1), (2), cr. (3m), (5m), r. and recr. (6), am. (11) (b), (17), cr. (17m), am. (18), r. (20), am. (21), (27), (34), eff. 1-30-19; CR 19-089: r. and recr. (1), (2), cr. (3m), (5m), r. and recr. (6), am. (11) (b), (17), cr. (17m), am. (18), r. (20), am. (21), (27), (34) Register March 2020 No. 771, eff. 4-1-20, except (18), eff. 4-1-20 and 10-1-21; CR 20-003: renum. (14) to (8m) and am. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: renum. (1) to (1r), cr. (1g), (14), am. (17), cr. (26m), am. (34) Register February 2023 No. 806, eff. 3-1-23; correction in (25) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

DCF 250.04 Operational requirements.

(1) Terms of license.

(a) The number of children in the care of a family child care center at any time may not exceed the number for which the center is licensed.

Note: Denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal under the state public accommodations law, federal law related to the use of federal funding, and some local anti-discrimination ordinances.

(b) The age of children served by a center may not be younger or older than the age range specified in the license issued.

(2) Administration. A licensee shall do all of the following:

(a) Comply with all laws governing the facility and its operation.

(b) Comply with all requirements in this chapter.

(bm) Comply with all conditions placed on the license.

(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.

(d) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.

Note: The Department will provide an application after a Department representative completes the provision of pre-licensing technical assistance.

(e) Develop, submit to the department, implement, and provide to the parents written policies and procedures consistent with the requirements of this chapter related to all of the following:

1. Enrollment and discharge of enrolled children.

2. Fee payment and refunds.

3. Child and provider absences, including a procedure to contact a parent if a child is absent from the center without prior notification from the child’s parent.

4. Children’s and staff’s health care, including those policies and procedures pertaining to SIDS risk reduction, if the center is licensed to care for children under one year of age.

5. Nutrition.

6. Daily activities of the children.

7. Child guidance, including appropriate ways to manage crying, fussing or distraught children.

8. Transportation of children for any purpose including field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.

9. Religious instruction or practices, if any.

10. Information related to the numbers, types and location of pets or other animals located on the premises of the center and the type of access the children will have to the pets.

(f) Develop, submit to the department, and implement a written orientation plan for any employees, substitutes, and emergency back-up providers. The orientation plan shall cover all the items described in s. DCF 250.05 (4) (a) and (b).