Chapter DCF 251

Register August 2011 No. 668

Chapter DCF 251

GROUP CHILD CARE CENTERS AND CHILD CARE PROGRAMS
ESTABLISHED OR CONTRACTED FOR BY SCHOOL BOARDS

DCF 251.01   Authority and purpose.

DCF 251.02   Applicability.

DCF 251.03   Definitions.

DCF 251.04   Operational requirements.

DCF 251.05   Staff.

DCF 251.055   Supervision and grouping of children.

DCF 251.06   Physical plant and equipment.

DCF 251.07   Program.

DCF 251.08   Transportation.

DCF 251.09   Additional requirements for infant and toddler care.

DCF 251.094   Staff in school-age programs.

DCF 251.095   Additional requirements, modifications, and exceptions for school-age programs.

DCF 251.10   Additional requirements for night care.

DCF 251.11   Licensing administration.

DCF 251.12   Complaints, inspections and enforcement actions.

DCF 251.13   Programs established or contracted for by school boards.

Ch. DCF 251 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1997, No. 493. Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1998, No. 513. Chapter HFS 46 was renumbered to chapter DCF 251 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

DCF 251.01 DCF 251.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to establish licensing requirements under s. 48.65, Stats., for group child care centers for children. The purpose of this chapter is to protect the health, safety and welfare of children being cared for in group child care centers.

DCF 251.01 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: am. Register December 2004 No. 588, eff. 3-1-05; CR 07-102: am. Register December 2008 No. 636, eff. 1-1-09.

DCF 251.02 DCF 251.02 Applicability.

DCF 251.02(1) (1) Included and excluded care arrangements. This chapter applies to all group child care centers, whether the facility in which the child care and supervision are provided is known as a day care center, nursery school or preschool, head start or school-age child care program, or by any other designation, but it does not apply to the following:

DCF 251.02(1)(a) (a) Care and supervision of children in a program, including religious education classes, which operates no more than 4 hours a week.

DCF 251.02(1)(b) (b) Group lessons to develop a talent or skill, such as dance or music lessons, social group meetings and activities and group athletic activities.

DCF 251.02(1)(c) (c) Care and supervision while the child’s parent is on the premises and is engaged in shopping, recreation or other non-work activities.

DCF 251.02(1)(d) (d) Care and supervision provided at the site to the child of a recipient of temporary assistance to needy families or Wisconsin works who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling.

DCF 251.02(1)(e) (e) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible schools and holiday child care programs.

DCF 251.02(1)(f) (f) Care and supervision in emergency situations.

DCF 251.02(1)(g) (g) Care and supervision while the child’s parent is employed on the premises if the child receives care and supervision for no more than 3 hours a day.

DCF 251.02 Note Note: Section 48.65, Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons who come to the home of the child’s parent to provide care for less than 24 hours per day; and counties, cities, villages, towns, school districts, and libraries that provide programs for children primarily intended for social or recreational purposes from the requirement of a license.

DCF 251.02(2) (2) Exception to a requirement. The department may grant an exception to a requirement of this chapter when it is demonstrated to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the requirement.

DCF 251.02 Note Note: A request for an exception to a requirement of this chapter should be sent to the licensing representative at the appropriate field office of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

DCF 251.02 History History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; correction in (1) (d) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052: am. (1) (intro.) and (d) Register December 2004 No. 588, eff. 3-1-05.

DCF 251.03 DCF 251.03 Definitions. In this chapter:

DCF 251.03(1g) (1g) “Abusive head trauma” means a serious type of head injury, including shaken baby syndrome, that is caused by shaking, throwing, hitting, slamming, or jerking.

DCF 251.03(1r) (1r) “Administrator” means the person responsible to the licensee for management of the group child care center.

DCF 251.03(2) (2) “Assistant child care teacher” means a child care worker who works under the supervision of a child care teacher and who meets the qualifications under s. DCF 251.05 (3) (g).

DCF 251.03(2m) (2m) “Background check request form” means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13.

DCF 251.03 Note Note: Form DCF-F-5296, Background Check Request, is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

DCF 251.03(3) (3) “Care” means providing for the safety and the developmental needs of a child in a group child care center.

DCF 251.03(4) (4) “Center director” means the person who is responsible to the licensee for the supervision of the center’s program for children and for the supervision of the center’s staff and who meets the qualifications under s. DCF 251.05 (3) (e).

DCF 251.03(4g) (4g) “Center-provided transportation” means transportation provided in a vehicle owned, leased or contracted for by the center or in volunteer or staff-owned vehicles regardless of whether the driver is reimbursed for the use of the vehicle.

DCF 251.03(4m) (4m) “Center-provided vehicle” means a vehicle owned or leased by the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.

DCF 251.03(4r) (4r) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

DCF 251.03(5) (5) “Child care teacher” means a child care worker who plans, implements, and supervises the daily activities for a designated group of children and who meets the qualifications under s. DCF 251.05 (3) (f).

DCF 251.03(6) (6) “Child care worker” means in a group child care center, a child care teacher or assistant child care teacher, or in a school-age program, a school-age program leader or school-age group leader.

DCF 251.03(8) (8) “Complaint” means an allegation that a provision of this chapter or of ch. 48, Stats., has been violated.

DCF 251.03(8g) (8g) “Credit” means recognition for completing a course from an institution of higher education.

DCF 251.03(8r) (8r) “Crib” means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.

DCF 251.03(9) (9) “Department” means the Wisconsin department of children and families.

DCF 251.03(10) (10) “Division” means the department’s division of early care and education.

DCF 251.03(10g) (10g) “Early childhood education” means the teaching of children who are 8 years of age or less.

DCF 251.03(10m) (10m) “Emergency” means unforeseen circumstances that require immediate attention.

DCF 251.03(10s) (10s) “EPSDT provider” means a provider of health assessment and evaluation services that is eligible to be certified under s. DHS 105.37 (1) (a).

DCF 251.03(11) (11) “Field trip” means any experience a child has away from the premises of the center, while under the care of center staff, whether a child walks or is transported.

DCF 251.03(11g) (11g) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

DCF 251.03(11g)(a) (a) Abuse of alcohol or drugs.

DCF 251.03(11g)(b) (b) A history of a civil or criminal conviction or administrative rule violation that is substantially related to the care of children, as determined under s. DCF 13.05.

DCF 251.03(11g)(c) (c) Exercise of unsound judgment.

DCF 251.03(11g)(d) (d) A history of civil or criminal offenses or any other action that demonstrate an inability to manage financial resources or the activities of a center.

DCF 251.03(11r) (11r) “Full day center” means a center that accepts children for care for 5 or more consecutive hours in a day.

DCF 251.03(12) (12) “Group” means a specific number of children who have a regularly assigned child care worker and who are cared for in the same self-contained room or area at the center.

DCF 251.03(13) (13) “Group child care center” or “center” means a facility where a person for less than 24 hours a day provides care and supervision for 9 or more children who are not related to the provider.