Chapter DCF 250

DCF 250.09(3)(j) (j) Hold or place a child too young to sit in a highchair or feeding table in an infant seat during feeding. Wide-based highchairs with safety straps or feeding tables with safety straps shall be provided for children who are not developmentally able to sit at tables and chairs.

DCF 250.09(3)(k) (k) Ensure that eating utensils and cups are scaled to the size and developmental level of the children.

DCF 250.09(3)(L) (L) Infant bottles and nipples may not be reused without first being cleaned and sanitized.

DCF 250.09(4) (4) Diapering and toileting. A provider shall do all of the following:

DCF 250.09(4)(a) (a) Change wet or soiled diapers and clothing promptly.

DCF 250.09(4)(b) (b) Change the child on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution used shall be one that is registered with the U.S. environmental protection agency as a disinfectant and has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.

DCF 250.09(4)(c) (c) If the diapering surface is above floor level, use a strap, restraint, or other structural barrier to prevent falling. A child may not be left unattended on the diapering surface.

DCF 250.09(4)(d) (d) Place soiled cloth diapers in a plastic bag labeled with the name of the child and send them home daily.

DCF 250.09(4)(e) (e) Place soiled disposable diapers in a plastic-lined, covered container and dispose of them daily.

DCF 250.09(4)(g) (g) Apply lotions, powders or salves to the child during diapering only at the specific direction of a parent or the child’s physician.

DCF 250.09(4)(h) (h) Wash the child during diapering with a disposable towel used only once.

DCF 250.09 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: r. (1) (b), am. (1) (c) 1. and 5. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i), eff. 1-30-19; CR 19-089: am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (c) 2., cr. (1) (c) 4g., 4r., (3) (bm), am. (3) (f) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.095 DCF 250.095 Additional requirements when the licensee is not providing care to children at least 50% of the center’s licensed hours. A licensee who does not provide care and supervision to children at least 50% of the center’s licensed hours shall comply with the following requirements:

DCF 250.095(1) (1) The licensee shall complete at least one course from the Registry Administrator Credential within one year from the initial date that the licensee is not providing care and supervision for at least 50 percent of the center’s licensed hours.

DCF 250.095(2) (2) The licensee shall be responsible for the following:

DCF 250.095(2)(a) (a) Management, finance, physical plant, and day-to-day operations of the center.

DCF 250.095(2)(b) (b) Supervision of the planning and implementation of the center’s program for children.

DCF 250.095(2)(c) (c) Supervision of center staff, including the following duties:

DCF 250.095(2)(c)1. 1. Implement and maintain a written job description for each staff position.

DCF 250.095(2)(c)2. 2. Implement and maintain a written personnel policy that addresses hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures, and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible, but no later than the next business day, when any of the following occurs:

DCF 250.095(2)(c)2.a. a. The employee has been convicted of a crime.

DCF 250.095(2)(c)2.b. b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.

DCF 250.095(2)(c)2.c. c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.

DCF 250.095(2)(c)2.d. d. A professional license held by the employee has been denied, revoked, restricted, or otherwise limited.

DCF 250.095(2)(c)3. 3. Ensure that each employee is familiar with the employee’s job description, personnel policies, and applicable licensing rules.

DCF 250.095(2)(c)4. 4. Conduct staff meetings at least 9 times in a calendar year and document that the meetings have been held.

DCF 250.095(2)(c)5. 5. Ensure staff compliance with continuing education requirements.

DCF 250.095(3) (3) The licensee shall be at the center for at least 30 hours per month for the exclusive purpose of carrying out licensee responsibilities in sub. (2).

DCF 250.095 History History: CR 07-102: cr. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (intro.), eff. 1-30-19; CR 19-089: am. (intro.) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.10 DCF 250.10 Additional requirements for night care.

DCF 250.10(1) (1) Applicability. Family child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the requirements of this section.

DCF 250.10(2) (2) General requirements.

DCF 250.10(2)(a) (a) When the same premises are used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.

DCF 250.10(2)(b) (b) Minimum staff-to-child ratios and group sizes under Table DCF 250.055 shall be maintained during night care.

DCF 250.10(2)(c) (c) The parent or center shall provide each child in care after 10:00 p.m. with an individually labeled sleeping garment and a toothbrush.

DCF 250.10(3) (3) Program.

DCF 250.10(3)(a) (a) Child care staff shall ascertain from a child’s parent a child’s typical family activities during the period the child is at the center for night care and strive to replicate those activities with the child.

DCF 250.10(3)(b) (b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child may engage in activities.

DCF 250.10(3)(c) (c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.

DCF 250.10(3)(d) (d) School-age children shall have an opportunity to read or do school work.

DCF 250.10(4) (4) Preventive measures.

DCF 250.10(4)(a) (a) A provider shall develop, submit to the department, and implement a plan to evacuate sleeping children in an emergency. Review of the plan shall be part of the orientation under s. DCF 250.05 (3).

DCF 250.10(4)(b) (b) Centers operating during hours of darkness shall have emergency lighting, such as an operable flashlight, readily available to a provider.

DCF 250.10(4)(c) (c) Providers shall be awake, available, within call and able to respond to the needs of the children whenever children are in care.

DCF 250.10(5) (5) Feeding.

DCF 250.10(5)(a) (a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.

DCF 250.10(5)(b) (b) A nighttime snack shall be available to all children in care.

DCF 250.10(5)(c) (c) A child present at the time the evening meal is served shall be served the evening meal.

DCF 250.10(6) (6) Sleep.

DCF 250.10(6)(a) (a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.

DCF 250.10(6)(b) (b) Sleep routines for individual children shall be based on information provided by the parents.

DCF 250.10(6)(c) (c) A bed, crib or cot with sheets and blankets individual to each child shall be provided for children spending the night.

DCF 250.10(6)(d) (d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.

DCF 250.10(6)(e) (e) Children under 2 years of age in night care shall sleep in cribs.

DCF 250.10 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (b) and (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1918: emerg. am. (1), (2) (b), (c), (4) (a), eff. 1-30-19; CR 19-089: am. (1), (2) (b), (c), (4) (a) Register March 2020 No. 771, eff. 4-1-20; correction in (4) (a) made under s. 35.17, Stats., Register March 2020 No. 711.

DCF 250.11 DCF 250.11 Licensing administration.

DCF 250.11(1) (1) Licensing requirement. If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.

DCF 250.11(2) (2) General conditions for approval of license.

DCF 250.11(2)(a) (a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.

DCF 250.11(2)(am) (am) An applicant for a license to operate a family child care center shall be an individual.

DCF 250.11(2)(ar) (ar) A person may not be issued a license to operate more than 2 family child care centers, unless the license for each center was issued prior to March 1, 2023.

DCF 250.11(2)(b) (b) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.

DCF 250.11(2)(c) (c) Persons licensed to operate a family child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the family child care center. A determination that a person is unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not the abuse or neglect results in a criminal charge or conviction.

DCF 250.11(2)(d) (d) The department shall issue a family child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.

DCF 250.11 Note Note: See DCF 250.03 (11) for the definition of “fit and qualified.”

DCF 250.11(2)(e) (e) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center may endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.

DCF 250.11(2)(f) (f) The department may deny or revoke the license if the examination specified under par. (e) gives the department reasonable concern for the care of children.

DCF 250.11(2)(g) (g) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.

DCF 250.11(2)(h) (h) The department shall consider a licensee who fails to submit any of the materials described in sub. (4) or (5) by the expiration or continuation date of a license to have surrendered the license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.

DCF 250.11(3) (3) Initial application for a probationary license.

DCF 250.11(3)(a) (a) An applicant for a license shall have obtained pre-licensing technical assistance that results in a completed initial licensing study checklist from a representative of the department prior to submitting an application for a license.

DCF 250.11 Note Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate regional office in Appendix A. The Department will provide the application form to an applicant upon completion of the pre-licensing technical assistance.

DCF 250.11 Note Note: 2. An initial licensing study checklist includes a list of those rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the Department or the appropriate regional office in Appendix A.

DCF 250.11(3)(b) (b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.

DCF 250.11(3)(c) (c) An applicant for an initial license shall include all the following with the application form:

DCF 250.11(3)(c)1. 1. The license fee required under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats.

DCF 250.11(3)(c)2. 2. A completed background check request form for the applicant and, if the center will be located in a residence, any household member 10 years of age and above, and any applicable fees.

DCF 250.11(3)(c)3. 3. A statement from a representative of the department that details the results of any pre-licensing technical assistance.

DCF 250.11(3)(c)4. 4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.

DCF 250.11(3)(c)5. 5. Results of a water test if the center has a private well.

DCF 250.11(3)(c)6. 6. Results of a vehicle safety inspection if the center will transport children.

DCF 250.11(3)(c)6m. 6m. Documentation of liability insurance on a vehicle used to transport children, as required under s. DCF 250.08 (5) (c).

DCF 250.11(3)(c)7. 7. Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

DCF 250.11(3)(c)8. 8. A copy of all center policies as specified under s. DCF 250.04 (2) (e).

DCF 250.11(3)(c)9. 9. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

DCF 250.11(3)(d) (d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.

DCF 250.11(3)(e) (e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6 month duration. A probationary license may be renewed for one 6-month period.

DCF 250.11(3)(f) (f) If the department determines that an application does not comply with the applicable requirements of this chapter or the department’s investigation determines that the applicant is not eligible for a license, the department may deny the application.

DCF 250.11(4) (4) Obtaining a regular license.