Chapter DCF 250

DCF 250.05 History 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 DCF 250.055 Supervision and grouping of children.

DCF 250.055(1) (1) Supervision.

DCF 250.055(1)(a) (a) Each child shall be supervised by a provider to guide the child’s behavior and activities, prevent harm, and ensure safety.

DCF 250.055(1)(b) (b) A provider shall be awake at all times when children are in care.

DCF 250.055(1)(c) (c) No individual provider may care for children for more than 16 hours in any 24-hour period.

DCF 250.055(1)(d) (d) No child may be in care for more than 14 hours in any 24-hour period.

DCF 250.055(1)(e) (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).

DCF 250.055(1)(f) (f) No person under 18 years of age may be left in sole charge of the children.

DCF 250.055(1)(g) (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.

DCF 250.055(1)(h) (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.

DCF 250.055(1)(i) (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.

DCF 250.055(1)(j) (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.

DCF 250.055(1)(k) (k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.

DCF 250.055(1)(L) (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.

DCF 250.055(1)(m) (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).

DCF 250.055(1)(n) (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).

DCF 250.055(2) (2) Grouping of children.

DCF 250.055(2)(a) (a) At no time may more than 8 children be in the care of the center. This limitation applies to all of the following:

DCF 250.055(2)(a)1. 1. All children under 7 years of age, including a provider’s own children.

DCF 250.055(2)(a)2. 2. All children 7 years of age or older who are not a provider’s own children.

DCF 250.055(2)(b) (b) The maximum number of children that one provider may care for is specified in Table 250.055.

DCF 250.055(2)(c) (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.

DCF 250.055 Note 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.

DCF 250.055(2)(d) (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.

DCF 250.055 Note 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.

DCF 250.055 History 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 DCF 250.06 Physical plant and equipment.

DCF 250.06(1) (1) Building.

DCF 250.06(1)(a) (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.

DCF 250.06 Note Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.

DCF 250.06(1)(b) (b) Space and temperature.

DCF 250.06(1)(b)1. 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.

DCF 250.06(1)(b)2. 2. The inside temperature of the center may not be less than 67 degrees Fahrenheit.

DCF 250.06(1)(b)3. 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.

DCF 250.06(1)(b)4. 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.

DCF 250.06(2) (2) Protective measures.

DCF 250.06(2)(a) (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.

DCF 250.06(2)(b) (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.

DCF 250.06(2)(c) (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.

DCF 250.06(2)(d) (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.

DCF 250.06(2)(e) (e) The center’s indoor and outdoor child care space shall be free of hazards including any recalled products.

DCF 250.06 Note 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.

DCF 250.06(2)(f) (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.

DCF 250.06(2)(g) (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.

DCF 250.06(2)(h) (h) Smoking is prohibited anywhere on the premises of a center or in a vehicle used to transport children when children are in care.

DCF 250.06 Note 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.

DCF 250.06(2)(i) (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.

DCF 250.06(2)(j) (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.

DCF 250.06(2)(k) (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.

DCF 250.06(2)(L) (L)

DCF 250.06(2)(L)1. 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.

DCF 250.06(2)(L)2. 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.

DCF 250.06(2)(m) (m) The premises shall be well-drained, free from litter and vermin, in good repair, and maintained in a sanitary condition.

DCF 250.06(2)(n) (n)

DCF 250.06(2)(n)1. 1.

DCF 250.06(2)(n)1.a. a. Each licensee shall test or have a test conducted for radon gas levels in the lowest level of the center that is used by children in care for at least 7 hours per week. The test shall be conducted for a minimum of 48 hours with the center’s windows closed.

DCF 250.06(2)(n)1.b. b. In a center licensed prior to March 1, 2023, a test for radon gas levels shall be conducted no later than September 1, 2023.

DCF 250.06(2)(n)1.c. c. In a center licensed on or after March 1, 2023, a test for radon gas levels shall be conducted within 6 months prior to providing care for children.

DCF 250.06(2)(n)2. 2. The licensee shall submit a copy of the radon test results under subds. 1. and 5. to the department within 5 days after receipt.

DCF 250.06(2)(n)3. 3. The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd. 4. b.

DCF 250.06(2)(n)4. 4. If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following:

DCF 250.06(2)(n)4.a. a. Notify the parents of children in care.

DCF 250.06(2)(n)4.b. b. Have a radon mitigation system installed, test for radon gas levels following the procedures specified in subd. 1. a., and submit radon test results that meet the standard in subd. 3. to the department within 12 months after the date of the test under subd. 1.

DCF 250.06(2)(n)5. 5. The licensee shall test radon gas levels in the center every 2 years after the test under subd. 1. or, if a radon mitigation system was installed, every 2 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.

DCF 250.06 Note Note: For more information, contact the state radon office or local radon information center at https://www.dhs.wisconsin.gov/radon/infocenters.htm.

DCF 250.06(3) (3) Emergency plans and drills.

DCF 250.06(3)(a) (a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including a fire, a tornado, a flood; extreme heat or cold; a loss of building services, including no heat, water, electricity, or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include specific procedures that address all of the following:

DCF 250.06(3)(a)1. 1. Evacuation, relocation, shelter-in-place, and lock–down.

DCF 250.06(3)(a)2. 2. Ensuring that the needs of children under age 2 and children with disabilities are met.

DCF 250.06(3)(a)3. 3. Communication with parents.

DCF 250.06(3)(a)4. 4. Connecting children with their parents if the center is required to evacuate the building.

DCF 250.06(3)(b) (b) The center shall practice the fire evacuation plan monthly, and the tornado plan monthly from April through October, with the children and shall document when the plans were practiced.

DCF 250.06 Note Note: The licensee may use either the department’s form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee’s own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

DCF 250.06(4) (4) Fire protection.

DCF 250.06(4)(a) (a)

DCF 250.06(4)(a)1. 1. A center shall have a smoke detector installed according to the manufacturer’s instructions and maintained in operating condition at the head of every open stairway, on each level of the center, and in all areas used for nap or rest periods.

DCF 250.06 Note Note: The smoke detector at the head of an open stairway may also serve as the smoke detector for that level of the center.

DCF 250.06(4)(a)2. 2. A center shall have an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below ground level.

DCF 250.06(4)(a)3. 3. All smoke detectors shall be tested monthly, and a record shall be kept of the time, date, and results of the test. A smoke detector shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative.

DCF 250.06 Note Note: The licensee may use either the department’s form, DCF-F-CFS0460 Safety and Emergency Response Documentation – Family Child Care Centers, or the licensee’s own form to record the results of smoke detector tests. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 250.06(4)(a)4. 4. The battery in a single-station battery-operated smoke detector shall be replaced at least once each year.

DCF 250.06(4)(b) (b) An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.

DCF 250.06 Note Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.

DCF 250.06(4)(c) (c) Unvented gas, oil or kerosene space heaters are prohibited.

DCF 250.06(4)(d) (d) A woodburning stove may be used only if it meets standards specified under s. SPS 323.045.

DCF 250.06(4)(e) (e) The center shall be equipped with an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below the ground level.

DCF 250.06(6) (6) Water.

DCF 250.06(6)(a) (a) A safe supply of drinking water shall be available to children and staff at all times from a drinking fountain of the angle jet type or by use of a disposable or reusable cup or water bottle. Common use of drinkware is prohibited.