Chapter DCF 250

DCF 250.04 Note Note: The licensee may use the department’s form, DCF-F-2438 Daily Attendance Record — Licensed Child Care Centers, or the licensee’s own form for recording a child’s daily attendance. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.04(7) (7) Confidentiality.

DCF 250.04(7)(a) (a) The licensee is responsible for compliance by the center with s. 48.78, Stats., and this subsection.

DCF 250.04(7)(b) (b) The licensee shall ensure that all of the following occur:

DCF 250.04(7)(b)1. 1. Persons with access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subdivision does not apply to any of the following:

DCF 250.04(7)(b)1.a. a. The child’s parent.

DCF 250.04(7)(b)1.b. b. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.

DCF 250.04(7)(b)1.c. c. Agencies authorized under s. 48.78, Stats.

DCF 250.04(7)(b)2. 2. A parent, upon request, has access to all records and reports maintained on his or her child.

DCF 250.04(7)(b)3. 3. All records required by the department under this chapter for licensing purposes are available to the licensing representative.

DCF 250.04(8) (8) Reporting child abuse or neglect. A licensee or provider who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in ss. 48.02 (1) and 48.981 (1), Stats., shall immediately contact the county department of social services or human services or local law enforcement agency in compliance with s. 48.981, Stats.

DCF 250.04 Note Note: Child care providers are required to report known or suspected child abuse or neglect as specified in par. (a). Reporting to the licensee does not lessen this legal duty if the licensee fails to report as specified in par. (a).

DCF 250.04 Note Note: See s. DCF 250.07 (6) (b) for information about logging evidence of unusual bruises, contusions, lacerations, or burns received by a child in or out of center care in the center medical log book.

DCF 250.04 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (f), (g), (5) (b), (c), (d), (g) and (6) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (e) 3., 7., 8., (g), (h), (i), (3) (intro.), (a), (e), (i), (j), (5) (intro.), (d), (g), (6) (a) (intro.), 3. and (b), cr. (2) (L), (m), (3) (L), (m), (4) (c), (5) (h), (i), (j) and (k) Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (m), (4) (c) 1., (5) (d), (h), (i) and (j) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (2) (g), (6) (a) 1. Register February 2016 No. 722, eff. 3-1-16; corrections in (5) (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title), eff. 1-30-19; CR 19-089: cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title) Register March 2020 No. 771, eff. 4-1-20; correction in (3) (i) made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: r. (1) (bm), am. (2) (g), (6) (a) 4. d. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: cr. (2) (cm), am. (2) (g), cr. (2) (gm), (3) (Lm), am. (4) (c) 2. (intro.), cr. (4) (c) 2. d., e., r. and recr. (6) (a) 1., cr. (6) (a) 1m., am. (6) (b), renum. (8) (a) to (8), r. (8) (b) Register February 2023 No. 806, eff. 3-1-23; correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

DCF 250.05 DCF 250.05 Staff.

DCF 250.05(1) (1) Definition. In this section, the “Wisconsin Registry” means a brand of The Registry, Inc., a professional development recognition agency.

DCF 250.05 Note Note: For further information, see https://www.wiregistry.org.

DCF 250.05(2) (2) Staff records. A licensee shall maintain a file for each provider, employee, volunteer, or substitute and shall make the file immediately available for review by a licensing representative at the center. The file shall contain all of the following:

DCF 250.05(2)(a) (a) The employee’s name, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.

DCF 250.05 Note Note: The licensee may use the department’s form, DCF-F-CFS0053 Staff Record - Child Care Centers, or the licensee’s own form for recording staff information. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.05(2)(b) (b) Documentation from the department, either paper or electronic, that indicates that a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13, and the person is eligible to work in a child care program.

DCF 250.05(2)(c) (c) Documentation of the actual hours a provider, substitute, employee, or volunteer worked if the hours were used to meet the applicable staff-to-child ratio under Table DCF 250.055.

DCF 250.05(2)(d) (d)

DCF 250.05(2)(d)1. 1. Except as provided under subd. 2., a physical examination report completed within 12 months before or 30 days after the person became licensed or began working with children in care. The physical examination report may be a printout of an electronic record from a medical professional or on a form provided by the department. The report shall be dated and signed by a licensed physician, physician’s assistant, or other EPSDT provider and shall indicate all of the following:

DCF 250.05(2)(d)1.a. a. The person is free from illness detrimental to children, including tuberculosis.

DCF 250.05(2)(d)1.b. b. The person is physically able to work with young children.

DCF 250.05 Note Note: The optional Form DCF-F-CFS0054, Staff Health Report — Child Care Centers, is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.05(2)(d)2. 2. The health examination requirement under subd. 1. does not apply to a provider who requests an exemption from subd. 1. based on the provider’s adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.

DCF 250.05(2)(e) (e)

DCF 250.05(2)(e)1. 1. Except as provided in subd. 2., a certificate from the Wisconsin Registry that indicates the person is qualified for the position the later of 6 months after becoming licensed or beginning to work with children in care.

DCF 250.05(2)(e)2. 2.

DCF 250.05(2)(e)2.a. a. A person is exempt from the requirement under subd. 1. if the person has been licensed or provided care for children in licensed child care continuously since December 31, 2008, including any combination of licensure or employment in a family child care center licensed under this chapter, a group child care center licensed under ch. DCF 251, or a day camp licensed under ch. DCF 252.

DCF 250.05(2)(e)2.b. b. A substitute is not required to have a certificate from the Wisconsin Registry until the substitute has worked for 240 cumulative hours.

DCF 250.05(2)(f) (f) Documentation of compliance with continuing education requirements under sub. (4) (c).

DCF 250.05(2)(g) (g) Documentation of compliance with orientation requirements under sub. (4) (a).

DCF 250.05(3) (3) Qualifications of staff.

DCF 250.05(3)(a) (a) A provider shall meet all of the following conditions:

DCF 250.05(3)(a)1. 1. Be physically, mentally, and emotionally able to provide responsible care to all children, including children with disabilities.

DCF 250.05(3)(a)2. 2. Be at least 18 years of age.

DCF 250.05(3)(b) (b) Before receiving a license or beginning to work with children in care, a licensee or provider shall satisfactorily complete one of the following:

DCF 250.05(3)(b)1. 1. All of the following:

DCF 250.05(3)(b)1.a. a. Three credits in early childhood education or a department-approved, non-credit course in early childhood education.

DCF 250.05 Note Note: The non-credit course called Introduction to the Child Care Profession is the course that has been approved by the department. Information on other acceptable courses and agencies offering department-approved courses is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

DCF 250.05(3)(b)1.b. b. A noncredit, department-approved course in operating a child care business or 2 credits in business or program administration. A person is exempt from this requirement if the person has been licensed or provided care for children in regulated child care continuously since December 31, 2008, including any combination of licensure under s. 48.65, Stats., certification under s. 48.651, Stats., or employment in a licensed child care center or for a certified child care operator.

DCF 250.05 Note Note: The non-credit course entitled Fundamentals of Family Child Care is approved by the department to meet this requirement. A credit-based course in a business topic may also be used. Information on agencies offering the department-approved course is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

DCF 250.05(3)(b)2. 2. The Registry Family Child Care Credential.

DCF 250.05(3)(b)3. 3. A child development associate credential in family child care issued by the Council for Professional Recognition.

DCF 250.05(3)(c) (c) A substitute or volunteer that is used to meet the required staff-to-child ratio shall meet the training requirements specified in par. (b) after the substitute or volunteer has worked in the center for 240 hours.

DCF 250.05(3)(cm) (cm) A volunteer that is used to meet the required staff-to-child ratios under s. DCF 250.055 shall be at least 18 years of age.

DCF 250.05(3)(d) (d) If more than one provider is needed to meet the required staff-to-child ratio, each additional provider shall meet the training requirements in par. (b) within 6 months of beginning to work with children in care.

DCF 250.05(3)(e) (e)

DCF 250.05(3)(e)1. 1. Within 3 months after licensure or date of hire, each licensee and provider shall obtain a certificate of completion for a department-approved course in infant and child cardiopulmonary resuscitation, including training in the use of an automated external defibrillator.

DCF 250.05(3)(e)2. 2. Each licensee and provider shall maintain a current cardiopulmonary resuscitation certification as specified under subd. 1.

DCF 250.05(3)(e)3. 3. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours under sub. (4) (c).

DCF 250.05(3)(f) (f) Each licensee and provider shall have satisfactorily completed at least 10 hours of department-approved training in the care of infants and toddlers within 6 months after becoming licensed or working with children in care under 2 years of age.

DCF 250.05(3)(fm) (fm) Prior to working with children in care and at least every 2 years thereafter, each provider and substitute shall complete training in all of the following:

DCF 250.05(3)(fm)1. 1. Child abuse and neglect laws.

DCF 250.05(3)(fm)2. 2. How to identify children who have been abused or neglected.

DCF 250.05(3)(fm)3. 3. The procedure for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

DCF 250.05(3)(g) (g) Prior to obtaining a license or working with children in care under 5 years of age, a licensee, provider, substitute, volunteer, emergency back-up, or any other person providing care and supervision shall satisfactorily complete department-approved training in shaken baby syndrome and abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children.

DCF 250.05 Note Note: The department-approved training is included in the course called Health, Safety and Nutrition offered by a Wisconsin technical college or in the non-credit, department-approved courses called Introduction to the Child Care Profession and Fundamentals of Infant and Toddler Care, if the course was taken after July 1, 2005. Information on agencies offering the department-approved courses is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

DCF 250.05(3)(gm) (gm) A program aide shall meet all of the following conditions:

DCF 250.05(3)(gm)1. 1. Be at least 16 years old.

DCF 250.05(3)(gm)2. 2. Work under the direction and supervision of a child care provider.

DCF 250.05(3)(gm)3. 3. Satisfactorily complete at least one of the following no later than 6 months after assuming the position:

DCF 250.05(3)(gm)3.a. a. An assistant child care teacher training program approved by the Wisconsin department of public instruction.

DCF 250.05(3)(gm)3.b. b. A noncredit department-approved course on early childhood education.

DCF 250.05 Note Note: Introduction to the Child Care Profession is the noncredit course approved by the department to meet the entry-level training requirements for a program aide.

DCF 250.05(3)(gm)4. 4. A program aide may not be counted in the required staff-to-child ratios under Table DCF 250.055.

DCF 250.05(3)(h) (h) No person or agency may offer non-credit child care training as specified in this subsection unless the person or agency and the course have been approved by the department. The department may at any time withdraw its approval of a non-credit course. Instructors of non-credit department-approved courses shall be approved by the department prior to teaching a course.

DCF 250.05 Note Note: Information on the approval process for non-credit courses is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

DCF 250.05(4) (4) Staff development.

DCF 250.05(4)(a) (a) Orientation of employees, volunteers, and substitutes. Each employee, volunteer, or substitute shall receive an orientation before the individual begins to work with children in care. The orientation shall be documented on a form initialed and dated by the staff person and trainer. The orientation shall cover all of the following:

DCF 250.05(4)(a)1. 1. The names and ages of all the children in care.

DCF 250.05(4)(a)2. 2. Current arrival and departure information for each child enrolled and the names of people authorized to pick up the child.

DCF 250.05(4)(a)3. 3. A review of children’s records, including emergency contact information.

DCF 250.05(4)(a)4. 4. Specific information relating to each child’s health care needs, including medications, disabilities, or special health conditions.

DCF 250.05(4)(a)5. 5. If the center is licensed to care for children under one year of age, procedures to reduce the risk of sudden infant death syndrome.

DCF 250.05(4)(a)6. 6. An overview of the daily schedule, including meals, snacks, nap, and any information related to the eating and sleep schedules of infants and toddlers enrolled in the center.

DCF 250.05(4)(a)7. 7. A review of the center’s procedures for dealing with emergencies, including natural disasters, human-caused events, food emergencies, and allergic reactions.

DCF 250.05(4)(a)9. 9. If the center is licensed to care for children between the hours of 10:00 p.m. and 5:00 a.m., the plan for evacuating sleeping children.

DCF 250.05(4)(a)10. 10. The prevention and control of infectious diseases, including immunizations.

DCF 250.05(4)(a)11. 11. The administration of medications.

DCF 250.05(4)(a)12. 12. The handling and storage of hazardous materials and disposal of biocontaminants. In this subdivision, “biocontaminants” includes blood, body fluids, or excretions that may spread infectious disease.

DCF 250.05(4)(a)13. 13. The center policies and procedures required under s. DCF 250.04 (2) (e).

DCF 250.05(4)(a)14. 14. The provisions in this chapter.

DCF 250.05(4)(a)15. 15. The reporting requirements for the child care background check under s. DCF 13.07 (3).

DCF 250.05 Note Note: The licensee may use the department’s form, DCF-F-CFS2255, Staff Orientation Checklist - Family Child Care Centers, or the licensee’s own form to document completion of employee orientation. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.05(4)(b) (b) Orientation of emergency back-up providers. Each time an emergency back-up provider cares for the children, the emergency back-up provider shall receive an orientation immediately before being left alone with the children. The orientation shall cover all of the following: