Chapter DCF 251

DCF 251.06(12)(c) (c) A wading pool, pool, water attraction or beach that is not located on the center premises may be used by children, if all the following conditions are met:

DCF 251.06(12)(c)1. 1. The construction and operation of the pool shall meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools. A beach shall comply with any applicable local ordinance.

DCF 251.06(12)(c)2. 2. Certified lifesaving personnel shall be on duty.

DCF 251.06(12)(c)3. 3. While children are in the water of a pool, wading pool, water attraction or beach, staff-to-child ratios for child care workers who can swim shall be:

DCF 251.06(12)(c)3.a. a. For children under 3 years of age: 1:1.

DCF 251.06(12)(c)3.b. b. For children 3 years of age: 1:4.

DCF 251.06(12)(c)3.c. c. For children 4 and 5 years of age: 1:6.

DCF 251.06(12)(c)3.d. d. For children 6 years of age and older: 1:12.

DCF 251.06(12)(c)4. 4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on the number of children in the water and each child’s age.

DCF 251.06 Note Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department. Requests may be made to the licensing representative or regional licensing office listed in Appendix A.

DCF 251.06(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 251.06(12)(c)6. 6. If some of the children are in the water and others are not, there shall be at least 2 child care workers supervising the children. One child care worker shall supervise the children who are in the water, and the other child care worker shall supervise children who are not in the water.

DCF 251.06 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; r. and recr. (11), Register, September, 1998, No. 513, eff. 10-1-98; reprinted to restore omitted copy in (11) (b), Register, April, 1999, No. 520; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052: am. (title), (1) (a), (2) (h) and (i), (3) (b) and (c), (6) (b) 2., (9) (b) 3. c., 4. b. and (c) 1., (9) (f) 5., (g) 1., c., (10) (a), Table 46.06 (title), (10) (b), (11) (b) 1. and 2. a., (11) (b) 3. and 6. and (c) 2. (intro.), cr. (2) (k) and (L), (6) (b) 3., (9) (c) 3m. and (11) (c) 1m., renum. (11) (b) 2. b. to d. and 3. a. to d. to be (b) 3. to 9., r. and recr. (12) Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (b) 1. and (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (a), (3) (intro.), (a) to (c), (4) (j), (6) (b) 1., 3., (9) (d) 2. a., (10) (f), (11) (a), (b) 5. to 7., (12) (a), (b) and (c) 3., cr. (9) (a) 1m. and (12) (c) 6., r. and recr. (9) (b) 4. and 5., r. (9) (c) 3. and (11) (b) 9., renum. (12) (c) to be (12) (c) (intro.) and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (12) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (6) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; EmR1918: emerg. am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. (1) (b), cr. (2) (p), r. and recr. (4) (j), cr. (4) (jm), r. and recr. (6), r. (9) (g) 1. a., d., cr. (10) (h), r. and recr. (12) (a), cr. (12) (am) Register February 2023 No. 806, eff. 3-1-23; correction in (2) (p) 2. made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

DCF 251.07 DCF 251.07 Program.

DCF 251.07(1) (1) Program planning and scheduling.

DCF 251.07(1)(a) (a) Each group child care center shall have a written program of daily activities posted that are suitable for the developmental level of each child and each group of children. The program shall provide each child with experiences that will promote all of the following:

DCF 251.07 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.

DCF 251.07 Note Note: The standards of quality for school-age programs are addressed in the School-Age Curricular Framework course. More information on this course is available at https://www.wiafterschoolnetwork.org/registry-approved-courses.

DCF 251.07(1)(a)1. 1. Self-esteem and positive self-image.

DCF 251.07(1)(a)2. 2. Social interaction.

DCF 251.07(1)(a)3. 3. Self-expression and communication skills.

DCF 251.07(1)(a)4. 4. Creative expression.

DCF 251.07(1)(a)5. 5. Large and small muscle development.

DCF 251.07(1)(a)6. 6. Intellectual growth.

DCF 251.07(1)(a)7. 7. Literacy.

DCF 251.07 Note Note: 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 251.07(1)(b) (b) The program schedule shall be planned to provide a flexible balance each day of:

DCF 251.07(1)(b)1. 1. Active and quiet activities.

DCF 251.07(1)(b)2. 2. Individual and group activities.

DCF 251.07(1)(b)3. 3. Indoor and if the center is in operation more than 3 hours per day, outdoor activities.

DCF 251.07(1)(c) (c) Television may be used only to supplement the daily plan for children. No child may be required to watch television. Other activities shall be available.

DCF 251.07(1)(d) (d) Routines such as toileting and eating and intervals between activities shall be planned to avoid keeping children waiting in lines or assembled in large groups.

DCF 251.07(1)(e) (e) The program shall provide all of the following:

DCF 251.07(1)(e)1. 1. Reasonable regularity in eating, napping and other routines.

DCF 251.07(1)(e)2. 2. Daily periods when a variety of experiences are concurrently available for the children to select their own activities.

DCF 251.07(1)(e)3. 3. Protection from excess fatigue and over stimulation.

DCF 251.07(1)(e)4. 4. If a center is in operation for more than 3 hours per day, daily outdoor activities except during inclement weather or when not advisable for health reasons.

DCF 251.07(1)(f) (f) Child care workers shall give children individual attention.

DCF 251.07(1)(g) (g) A center that is open in the early morning and late afternoon shall have a written plan for activities which meet the individual needs of the children during those time periods. The plan shall include:

DCF 251.07(1)(g)1. 1. Provision of opportunities for the children to rest and eat.

DCF 251.07(1)(g)2. 2. Use of materials and engagement in activities which for the most part do not duplicate materials or activities planned for the major part of the program.

DCF 251.07(1)(h) (h) The program as implemented shall reflect the center’s written policies.

DCF 251.07(2) (2) Child guidance.

DCF 251.07(2)(a) (a) In this subsection:

DCF 251.07(2)(a)1. 1. In this subsection, “time-out period” means a break from the large group that a child care worker offers a child to provide the child an opportunity to calm and regain composure while being supported by the child care worker.

DCF 251.07(2)(a)2. 2. “Redirection” means directing the child’s attention to a different program activity.

DCF 251.07(2)(b) (b) Each child care center shall develop and implement a written policy that provides for positive guidance, redirection, and the setting of clear-cut limits for the children. The policy shall be designated to help a child develop self-control, self-esteem, and respect for the rights of others.

DCF 251.07(2)(c) (c) 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 251.07(2)(c)1. 1. The child is 3 years of age or older.

DCF 251.07(2)(c)2. 2. The child care worker offers the child the time-out period in a non-humiliating manner.

DCF 251.07(2)(c)3. 3. The time-out period does not exceed 3 minutes.

DCF 251.07(2)(c)4. 4. The child is not isolated.

DCF 251.07(2)(c)5. 5. The child is not removed from the classroom setting.

DCF 251.07(2)(c)6. 6. If the child care worker needs additional adult support, another child care worker comes to the classroom setting.

DCF 251.07(2)(e) (e) 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 251.07(2)(e)1. 1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing or inflicting any other form of corporal punishment.

DCF 251.07(2)(e)2. 2. Verbal abuse, threats or derogatory remarks about the child or the child’s family.

DCF 251.07(2)(e)3. 3. Physical restraint, binding or tying to restrict movement or enclosing in a confined space such as a closet, locked room, box or similar cubicle.

DCF 251.07(2)(e)4. 4. Withholding or forcing meals, snacks or naps.

DCF 251.07(2)(e)5. 5. Actions that are cruel, aversive, frightening or humiliating to the child.

DCF 251.07(2)(f) (f) A child may not be punished for lapses in toilet training.

DCF 251.07 Note Note: Prohibited actions by an employee or volunteer to a child by a staff member must be reported to the department within 24 hours after the occurrence under s. DCF 251.04 (3) (i).

DCF 251.07(3) (3) Equipment and furnishings.

DCF 251.07(3)(a) (a) Indoor furnishings and equipment shall be safe and durable. The equipment and furnishings shall be:

DCF 251.07(3)(a)1. 1. Scaled to the developmental level, size and ability of the children.

DCF 251.07(3)(a)2. 2. Of sturdy construction with no sharp, rough, loose, protruding, pinching or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.

DCF 251.07(3)(a)3. 3. Placed to avoid danger of injury or collision and to permit freedom of action.

DCF 251.07(3)(a)4. 4. Placed over an energy-absorbing surface, when equipment is 4 feet or more in height.

DCF 251.07(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 251.07(3)(b) (b) A center shall provide equipment and supplies according to the following criteria:

DCF 251.07(3)(b)1. 1. Child development shall be fostered through selection of a variety of equipment that will:

DCF 251.07(3)(b)1.a. a. Provide large muscle development.

DCF 251.07(3)(b)1.b. b. Provide construction activities and for development of manipulative skills.

DCF 251.07(3)(b)1.c. c. Encourage social interaction.

DCF 251.07(3)(b)1.d. d. Provide intellectual stimulation.

DCF 251.07(3)(b)1.e. e. Encourage creative expression.

DCF 251.07(3)(b)2. 2. A center shall provide sufficient indoor play equipment to allow each child a choice of at least 3 activities involving equipment when all children are using equipment.

DCF 251.07(3)(b)3. 3. A center shall provide sufficient outdoor play equipment to allow each child at least one activity involving equipment when all children are using equipment.

DCF 251.07(3)(c) (c) The quantity of indoor and outdoor play equipment specified in par. (b) 2. and 3. shall be provided based on the maximum licensed capacity of the center.

DCF 251.07(3)(d) (d) Equipment and materials which reflect an awareness of cultural and ethnic diversity shall be provided.

DCF 251.07(3)(e) (e) Shelves shall be provided for equipment and supplies in rooms used by children. Equipment and supplies shall be arranged in an orderly fashion so that children may select, use, and replace items.

DCF 251.07(3)(f) (f) Trampolines and inflatable bounce surfaces on the premises shall not be accessible to children and shall not be used by children in care.

DCF 251.07(3)(g) (g) Tables and seating shall be scaled to the proper height and size for the children’s comfort and reach.

DCF 251.07(3)(h) (h) There shall be sufficient storage space for the clothing and personal belongings of each child in attendance. For children 2 years of age and older, the space for outer garment storage shall be at child level.

DCF 251.07(3)(i) (i) Furnishings, toys, and other equipment shall be washed or cleaned when they become soiled.

DCF 251.07(4) (4) Rest periods.

DCF 251.07(4)(a) (a) A child under 5 years of age in care for more than 4 hours shall have a nap or rest period.

DCF 251.07(4)(b) (b) Child care workers shall permit a child who does not sleep after 30 minutes and a child who awakens to get up and to have quiet time through the use of equipment or activities which will not disturb other children.

DCF 251.07(4)(c) (c) Each child under one year of age who naps or sleeps shall be provided with a 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.