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)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)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 NoteNote: 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 HistoryHistory: 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(1)(a)(a) A provider shall plan activities so that each child may be or do all of the following: DCF 250.07 NoteNote: 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)(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)(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)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.b.b. The provider offers the child the time-out period in a non-humiliating manner. 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)5.5. Actions that are cruel, aversive, humiliating or frightening to the child. DCF 250.07 NoteNote: 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)(a)(a) Safe indoor and outdoor play equipment shall be provided and shall be all of the following: 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)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. DCF 250.07(3)(g)2.2. Storage space for equipment, bedding, and children’s clothing and personal belongings. DCF 250.07 NoteNote: Lists suggesting kinds and numbers of equipment for centers are available from the Child Care Information Center by calling 1-800-362-7353.
DCF 250.07(4)(a)(a) Children under 5 years of age in care for more than 4 consecutive hours shall have a nap or rest period. DCF 250.07(4)(b)(b) A provider shall permit children who do not sleep after 30 minutes and children who wake up early to get up and shall help them to have a quiet time through the use of equipment or activities which do not disturb other children. DCF 250.07(4)(c)(c) Each child one year of age or older who has a nap or rest period shall be provided with a sleeping surface that is clean, safe, washable, and placed at least 2 feet from the next sleeping child. The sleeping surface may be any of the following: DCF 250.07(4)(cm)(cm) Each child under one year of age who naps or sleeps shall be provided with a clean, safe, washable crib or playpen that meets the applicable safety standards in 16 CFR Part 1219 or 1220 and shall be placed at least 2 feet from the nearest sleeping child. Cribs or playpens may be placed end-to-end if a solid partition separates the crib or playpen, and an aisle not less than 2 feet in width is maintained between sleeping surfaces. DCF 250.07(4)(d)(d) Each child one year of age or older who is not using a sleeping bag shall be provided with an individually identified sheet and blanket that may be used only by that child until it is washed. Sleeping bags and bedding shall be stored in a sanitary manner and washed at least after every 5 uses or as soon as possible if wet or soiled. DCF 250.07(4)(e)(e) Infants shall sleep alone in cribs or playpens. Two related children may share a double bed. No more than one child may occupy a single size bed, cot, mat or sleeping bag. DCF 250.07(6)(a)1.1. No child or other person with a reportable communicable disease specified in ch. DHS 145 may be admitted to, or be permitted to remain in, a center during the period when the disease is communicable. DCF 250.07(6)(a)1m.1m. A licensee, provider, household member, employee, volunteer, visitor, parent, or a child in care may be admitted or readmitted to the family child care center if the person provides a written statement from a physician that the condition is no longer contagious or if the person has been absent for a period of time equal to the longest usual incubation period for the disease under ch. DHS 145. DCF 250.07 NoteNote: The Wisconsin Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. These materials also provide additional guidance on the symptoms of each disease and information on how long an infected child shall be excluded from the center. Copies of the communicable disease chart are available on the Department of Health Services website, https://www.dhs.wisconsin.gov/publications/p4/p44397.pdf. DCF 250.07(6)(a)2.a.a. A licensee, provider, household member, employee, volunteer, visitor or parent whose behavior with respect to any child, adult, animal or property, on or off the center’s premises, raises reasonable concern for the safety of the children, may not be in contact with the children in care. DCF 250.07(6)(a)2.b.b. The department may require a licensee, provider, household member or other adult in contact with the children whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment. DCF 250.07 NoteNote: See also s. DCF 250.11 (2) (e) which requires a written statement from a physician or licensed mental health professional when there is reason to believe that the physical and mental health of a person may endanger children in care. DCF 250.07(6)(a)3.3. No person with a health history of typhoid, paratyphoid, dysentery or other diarrheal disease may work in a center until it is determined by appropriate medical tests that the person is not a carrier of the disease. DCF 250.07(6)(a)4.a.a. Upon each child’s arrival at the center, a staff person shall observe the child for symptoms of illness or injury.
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