Chapter DCF 250

DCF 250.06(11)(b)3m. 3m. Wood treated with creosote or pentachlorophenol (PCP), including railroad ties, may not be used in areas accessible to children.

DCF 250.06(11)(b)4. 4. A permanent enclosure not less than 4 feet high shall be provided to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.

DCF 250.06(11)(b)5. 5. Concrete and asphalt are prohibited under climbing equipment, swings and slides.

DCF 250.06(11)(c) (c) Exemption for off-premises play space.

DCF 250.06(11)(c)1. 1. In this paragraph, “main thoroughfare” means a heavily traveled street or road used by vehicles as a principal route of travel.

DCF 250.06(11)(c)2. 2. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under subd. 3. for the center’s outdoor play space.

DCF 250.06(11)(c)3. 3. A request for an exemption under subd. 2. shall be in writing and shall be accompanied by a plan for outdoor play space that does all the following:

DCF 250.06(11)(c)3.a. a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.

DCF 250.06(11)(c)3.b. b. Provides for adequate supervision of the children as specified in Table 250.055.

DCF 250.06(11)(c)3.c. c. Provides for daily vigorous exercise in the out-of-doors for the children.

DCF 250.06(11)(c)3.d. d. Describes the arrangements to meet the toileting and diapering needs of the children.

DCF 250.06(11)(c)3.e. e. Affirms the center’s compliance with the requirements included in subds. 4. to 7.

DCF 250.06 Note Note: Send the request for an exemption, including the plan for the use of that space, to the licensing representative at the appropriate regional office of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

DCF 250.06(11)(c)4. 4. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced swimming pools, heavily wooded areas and nearby highways and main thoroughfares.

DCF 250.06(11)(c)5. 5. There shall be at least 75 square feet of play space for each child using the space at a given time.

DCF 250.06(11)(c)6. 6. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.

DCF 250.06(11)(c)7. 7. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.

DCF 250.06(11)(c)8. 8. A center’s plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements under par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and deny the request for exemption. The department shall notify the center in writing of its decision and if it does not grant an exemption, shall state its reasons for not granting the exemption.

DCF 250.06(11)(c)9. 9. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department’s licensing representative any significant change in any circumstance described in the plan.

DCF 250.06(12) (12) Swimming areas.

DCF 250.06(12)(a) (a) Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be enclosed by a 4-foot fence with a self-closing, self-latching door. In addition, all of the following restrictions apply:

DCF 250.06(12)(a)1. 1. If access to the pool is through a gate, the gate shall be closed and locked during the center’s hours of operation.

DCF 250.06(12)(a)2. 2. If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.

DCF 250.06(12)(a)3. 3. Locks shall be located so that the locks cannot be opened by the children.

DCF 250.06(12)(a)4. 4. The free-standing wall of an aboveground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.

DCF 250.06(12)(a)5. 5. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.

DCF 250.06(12)(b) (b) A wading pool on the premises may be used if the water is changed daily and the pool is disinfected daily. Supervision requirements and staff-to-child ratios under s. DCF 250.05 (3) and (4) shall be met.

DCF 250.06(12)(c) (c) A pool, wading pool, water attraction, or beach that is not located on center premises may be used by children if all of the following conditions are met:

DCF 250.06(12)(c)1. 1. The construction and operation of the pool meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools and the beach complies with any applicable local ordinance.

DCF 250.06(12)(c)2. 2. Certified lifesaving personnel are on duty.

DCF 250.06(12)(c)3. 3. While children are in the water of a pool, wading pool, water attraction, or beach, the following staff-to-child ratios for providers who can swim shall be met:

DCF 250.06(12)(c)3.a. a. For children under 2 years of age: 1:1.

DCF 250.06(12)(c)3.b. b. For children 2 and 3 years of age years of age: 1:3.

DCF 250.06(12)(c)3.c. c. For children 4 and 5 years of age: 1:6.

DCF 250.06(12)(c)3.d. d. For children 6 years of age and older: 1:8.

DCF 250.06(12)(c)4. 4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on to the number of children in the water and each child’s age.

DCF 250.06 Note Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department upon request. Requests may be made to the licensing representative or regional office in Appendix A.

DCF 250.06(12)(c)5. 5. A child shall be restricted to the area of the pool or beach that is within the child’s swimming ability.

DCF 250.06(12)(c)6. 6. If some of the children are in the water and others are not, there shall be at least 2 providers supervising the children. One provider shall supervise the children who are in the water, and the other provider shall supervise the children who are not in the water.

DCF 250.06 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (a), (11) (c) 3. b. and (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (b) 2., 3., (2) (e), (3), (6) (b), (c), (7) (a) 6. c., (9) (d), (11) (b) 2., 3., 4., (12) (b), (c) (intro.) and 3. (intro.), cr. (4) (e) and (12) (c) 6., r. (7) (a) 8. Register December 2008 No. 636, eff. 1-1-09; corrections in (6) (b), (7) (a) 6. c. and (12) (b) made under s. 13.92 (4) (b) 1. and 7., Stats., Register December 2008 No. 636; corrections in (6) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; corrections in (4) (d), (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; EmR1918: emerg. am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4., eff. 1-30-19; CR 19-089: am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4. Register March 2020 No. 771, eff. 4-1-20; correction in (11) (c) 3. b. made under s. 35.17, Stats., Register March 2020 No. 772; CR 20-003: am. (11) (b) 2. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: cr. (2) (n), r. and recr. (4) (a), (6), am. (9) (c), (12) (a) (intro.), 4. Register February 2023 No. 806, eff. 3-1-23; correction in (2) (n) 2. made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

DCF 250.07 DCF 250.07 Program.

DCF 250.07(1) (1) Program planning and scheduling.

DCF 250.07(1)(a) (a) A provider shall plan activities so that each child may be or do all of the following:

DCF 250.07(1)(a)1. 1. Be successful and feel good about himself or herself.

DCF 250.07(1)(a)2. 2. Use and develop language.

DCF 250.07(1)(a)3. 3. Use large and small muscles.

DCF 250.07(1)(a)4. 4. Use materials and take part in activities that encourage creativity.

DCF 250.07(1)(a)5. 5. Learn new ideas and skills.

DCF 250.07(1)(a)6. 6. Participate in imaginative play.

DCF 250.07(1)(a)7. 7. Be exposed to a variety of cultures.

DCF 250.07(1)(a)8. 8. Develop literacy skills.

DCF 250.07 Note Note: The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help centers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The Standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child’s progress. The Standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/ or through the Child Care Information Center at 1-800-362-7353.
  Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called First Step that is available to the public 24 hours a day, 7 days a week. When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. When a provider or a parent has concerns about a child’s growth or development a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.

DCF 250.07(1)(b) (b) A provider shall plan daily activities according to the age and developmental level of each child in care and shall include a flexible balance of all of the following:

DCF 250.07(1)(b)1. 1. Daily indoor and outdoor activities when a child is in care for more than 3 hours except that outdoor activities are not required during inclement weather or when not advisable for health reasons.

DCF 250.07(1)(b)2. 2. Active and quiet play.

DCF 250.07(1)(b)3. 3. Protection from excess fatigue and over stimulation.

DCF 250.07(1)(b)4. 4. Individual and group activities.

DCF 250.07(1)(c) (c) Television, including videotapes and DVDs, may be used only to supplement the daily plan for children. No child may be required to watch television.

DCF 250.07(2) (2) Child guidance.

DCF 250.07(2)(a) (a) Each family child care center shall provide positive guidance and redirection for the children and shall set clearly specified limits for the children. A provider shall help each child develop self-control, self-esteem and respect for the rights of others.

DCF 250.07(2)(b) (b)

DCF 250.07(2)(b)1. 1. In this paragraph, “time-out period” means a break from the group that a provider offers a child to provide the child an opportunity to calm and regain composure while being supported by the provider.

DCF 250.07(2)(b)2. 2. A center may use a time-out period to handle a child’s unacceptable behavior only if all of the following conditions are met:

DCF 250.07(2)(b)2.a. a. The child is 3 years of age or older.

DCF 250.07(2)(b)2.b. b. The provider offers the child the time-out period in a non-humiliating manner.

DCF 250.07(2)(b)2.c. c. The time-out period does not exceed 3 minutes.

DCF 250.07(2)(b)2.d. d. The child is not isolated.

DCF 250.07(2)(b)2.e. e. The child is not removed from the room.

DCF 250.07(2)(b)3. 3. The procedures for time-out periods shall be included in the center’s written child guidance policy.

DCF 250.07(2)(c) (c) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:

DCF 250.07(2)(c)1. 1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing, or inflicting any other form of corporal punishment on the child.

DCF 250.07(2)(c)2. 2. Verbal abuse, threats or derogatory remarks about the child or the child’s family.

DCF 250.07(2)(c)3. 3. Physical restraint, binding or tying the child to restrict the child’s movement or enclosing the child in a confined space such as a closet, locked room, box or similar cubicle.

DCF 250.07(2)(c)4. 4. Withholding or forcing meals, snacks or naps.

DCF 250.07(2)(c)5. 5. Actions that are cruel, aversive, humiliating or frightening to the child.

DCF 250.07(2)(d) (d) A child may not be punished for lapses in toilet training.

DCF 250.07 Note Note: See s. DCF 250.04 (8) for information on reporting suspected child abuse and s. DCF 250.04 (3) (i) for rules requiring that prohibited actions to a child be reported to the department within 24 hours after the occurrence.

DCF 250.07(3) (3) Equipment and furnishings.

DCF 250.07(3)(a) (a) Safe indoor and outdoor play equipment shall be provided and shall be all of the following:

DCF 250.07(3)(a)1. 1. Scaled to the size and developmental level of the children.

DCF 250.07(3)(a)2. 2. Of sturdy construction with no sharp, rough, loose, or pointed edges, in good operating condition, and anchored when necessary.

DCF 250.07(3)(a)3. 3. Placed so as to avoid danger of accident or collision and to permit freedom of action.

DCF 250.07(3)(a)4. 4. Maintained in a clean and sanitary condition.

DCF 250.07(3)(a)5. 5. Used in accordance with all manufacturer’s instructions and any manufacturer’s recommendations that may affect the safety of children in care.

DCF 250.07(3)(b) (b) Various types of play equipment shall be provided to allow for large and small muscle activity, dramatic play, creative expression and intellectual stimulation.

DCF 250.07(3)(c) (c) Indoor play equipment shall be provided to allow each child a choice of at least 3 activities involving equipment when all children are involved in using equipment.

DCF 250.07(3)(d) (d) Outdoor play equipment shall be provided to allow each child at least one activity when all children are using equipment at the same time.

DCF 250.07(3)(e) (e) Trampolines and inflatable bounce surfaces on the premises shall not be in areas accessible to children and may not be used by the children in care.

DCF 250.07(3)(f) (f) Furnishings shall be clean, durable, and safe with no sharp, rough, loose, or pointed edges.