Wisconsin Legislature: DCF 250.05(4)(c)1.p.

11. The administration of medications.

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.

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

14. The provisions in this chapter.

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

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.

(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:

1. The names and ages of all the children in care.

2. Arrival and departure information for each child in care, including the names of people authorized to pick up the child.

3. The location of children’s files, including emergency contact information and consent for emergency medical treatment.

4. Information on any children with special health care needs.

5. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.

1. Each licensee and provider shall satisfactorily complete at least 15 hours of qualifying continuing education annually. Continuing education qualifies under this paragraph if it covers any of the following:

a. Prevention and control of infectious diseases.

b. Medication administration.

c. Prevention of and response to emergencies due to food and allergic reactions.

d. Identification of and protection from hazards.

e. Building and physical premises safety.

f. Emergency preparedness and response planning.

g. Handling and storage of hazardous materials.

h. Handling and disposal of biocontaminants.

i. Child growth and development.

j. Caring for children with disabilities.

k. Guiding children’s behavior.

L. Nutrition.

m. Physical activity.

n. Transportation safety.

o. Identification and reporting of suspected child abuse or neglect.

p. Cardiopulmonary resuscitation.

q. First aid.

r. Business operations.

s. Any other topic that promotes child development or protects children’s health or safety.

2. Continuing education under subd. 1. may be obtained through attendance at training events, workshops, conferences, consultation with community resource people, web-based training, observation of child care programs, independent reading, or viewing educational materials.

4. A provider shall have documentation of the 12-month period included in the provider’s training year for meeting continuing education requirements and begin a new training year in the same month each year.

Note: The licensee may use either the department’s form, DCF-F-CFS0053, A Staff Continuing Education Record - Child Care Centers, a copy of the individual’s learning record from the Wisconsin Registry, or the licensee’s own form to document the completion of continuing education. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) 2., (c), (3) (j) and (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (1) (b) 3., 4., 5., (2) (a) 3., (b) 3. and Table, renum. (1) (b) 1. to be (1) (b) 1. a. and am., cr. (1) (b) 1. b., 6., 7., (2) (a) 10., 11., 12., 13., (3) (L), (m) and (4) (d), r. and recr. (1) (b) 2., (c) and (3) (e) Register December 2008 No. 636, eff. 1-1-09; corrections in (2) (a) 11., 13., (3) (e), (m) and Table made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (2) (d) 1. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: am. (1), r. and recr. (2) (a), consol. (2) (e) 1. (intro.) and a. and renum. to (2) (e) 1. and am., r. (2) (e) 1. b., am. (2) (e) 2., cr. (2) (g), am. (3) (b) 1. b., 2., cr. (3) (fm), (gm), am. (4) (a) (intro.), r. (4) (a) 8., am. (4) (c) 2., r. (4) (c) 3. Register February 2023 No. 806, eff. 3-1-23.

DCF 250.055 Supervision and grouping of children.

(1) Supervision.

(a) Each child shall be supervised by a provider to guide the child’s behavior and activities, prevent harm, and ensure safety.

(b) A provider shall be awake at all times when children are in care.

(d) No child may be in care for more than 14 hours in any 24-hour period.

(e) At least one provider who has completed the training required under s. DCF 250.05 (3) (b) shall supervise children at all times, except when a substitute is providing care. A substitute shall meet the requirements under s. DCF 250.05 (3) (c) and (4) (a).

(f) No person under 18 years of age may be left in sole charge of the children.

(g) The center shall have a written plan reviewed by the department for ensuring supervision of the children in an emergency or during a provider’s absence.

(h) A provider may not be engaged in any other activity or occupation during the hours of operation of the center when children are in care, except for daily maintenance of the home.

(i) The licensee may not combine the care of children enrolled in the child care center with foster care of other non-related children or adults without the prior written approval of both licensing agencies.

(j) During the hours of the center’s operation, no provider or any other person in contact with children in care may consume or be under the influence of beverages containing alcohol or any non-prescribed controlled substance specified in ch. 961, Stats.

(k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.

(L) The licensee shall implement and adhere to a procedure to ensure that the number, names, and whereabouts of children in care are known to the provider at all times.

(m) A provider shall be outside with children and provide sight and sound supervision of the children, unless the children are playing inside the enclosed outdoor area on the premises specified under s. DCF 250.06 (11) (b).

(n) A provider shall be outside with children providing sight and sound supervision of the children when a wading pool containing water is present in the outdoor play space specified in s. DCF 250.06 (11) (b).

(2) Grouping of children.

(a) At no time may more than 8 children be in the care of the center. This limitation applies to all of the following:

1. All children under 7 years of age, including a provider’s own children.

2. All children 7 years of age or older who are not a provider’s own children.

(b) The maximum number of children that one provider may care for is specified in Table 250.055.

(c) If the size of the group or the age distribution of the children exceeds the number that may be served by one provider, an additional qualified provider shall be present.

Note: For example, if there are 3 children under 2 years of age present at one time and 5 children between the 2 years of age and 6 years of age present, a second provider is required. At no time may the maximum number of children in care exceed 8.

(d) When care is provided on a level that is more than 6 feet above or below ground level, no more than 2 children under 2 years of age per provider may be in care.

Note: Section DCF 250.06 (4) (e) requires an interconnected smoke detection system in operating condition if one or more children under 2 years of age will be cared for in a location that is more than six feet above or below the ground level.

History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. and recr. (2) (d) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.06 Physical plant and equipment.

(1) Building.

(a) Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department’s issuance of a license.

Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.

(b) Space and temperature.

1. A center shall have at least 35 square feet of usable floor space per child. Usable floor space for children does not include passageways, bathrooms, lockers, storage areas, the furnace room, the part of the kitchen occupied by stationary equipment, and space occupied by furniture that is not intended for children’s use.

2. The inside temperature of the center may not be less than 67 degrees Fahrenheit.

3. If the inside temperature at the center exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with safe fans, air conditioning, or other means.

4. There shall be at least one toilet with plumbing and one sink with hot and cold running water available for use by children in care in the center. The hot water temperature may not exceed 120 degrees Fahrenheit.

(2) Protective measures.

(a) Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.

(b) Firearms, ammunition, and bows and arrows with sharp tips located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.

(c) Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.

(d) The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, law enforcement agency, poison control center, and emergency medical service, posted in a location known to all providers.

(e) The center’s indoor and outdoor child care space shall be free of hazards including any recalled products.

Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at https://datcp.wi.gov/Pages/Publications/KeepYourKidsSafeNewsletter.aspx or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.

(f) A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.

(g) Differences in elevation of more than 18 inches, either indoors or outdoors, including open sides of stairways, elevated platforms, walks, balconies, and mezzanines used by children shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.

(h) Smoking is prohibited anywhere on the premises of a center or in a vehicle used to transport children when children are in care.

Note: Section DCF 250.03 (26) defines “premises” as the tract of land on which the center is located, including all buildings and structures on that land.

(i) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.

(j) If a hot tub is located in a room or area that is not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.

(k) The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.

(L)

1. A family child care center in a one-family or two-family residence shall have a carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

2. A family child care center in a building with at least 3 residential units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.