Chapter DCF 252

DCF 252.04(4m) (4m) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

DCF 252.04(5) (5) “Complaint” means an allegation that a provision of this chapter or of ch. 48, Stats., has been violated.

DCF 252.04(8) (8) “Counselor” or “camp counselor” means a staff member who works directly with children.

DCF 252.04(9) (9) “Day camp” or “camp” means a program regulated under this chapter that provides care and supervision to 4 or more children 3 years of age and older in a seasonal program oriented to the out-of-doors for periods less than 24 hours a day.

DCF 252.04(11) (11) “Department” means the Wisconsin department of children and families.

DCF 252.04(11m) (11m) “Division” means the department’s division of early care and education.

DCF 252.04(12) (12) “Emergency” means unforeseen circumstances that require immediate attention.

DCF 252.04(13) (13) “Field trip” means any experience a child has away from the premises of the camp while under the care of camp staff whether the child walks or is transported.

DCF 252.04(13m) (13m) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

DCF 252.04(13m)(a) (a) Abuse of alcohol or drugs.

DCF 252.04(13m)(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 252.04(13m)(c) (c) Exercise of unsound judgment.

DCF 252.04(13m)(d) (d) A history of civil or criminal offenses or any other actions that demonstrate an inability to manage financial resources or the activities of a camp.

DCF 252.04(14) (14) “Group” means a specific number of children who have a regularly assigned counselor responsible for the children’s well-being and meeting the children’s basic needs.

DCF 252.04(15) (15) “Hazard” means a potential source of harm that can jeopardize the health, safety or well-being of children in care.

DCF 252.04(15g) (15g) “Hours of operation” means the hours within the terms of the license during which children are actually in the care of the camp.

DCF 252.04(15m) (15m) “In care” means the camp is providing supervision, either on or off the premises, including during camp-provided transportation, for the safety and developmental needs of the child or children.

DCF 252.04(16) (16) “Inclement weather” means stormy or severe weather such as any of the following:

DCF 252.04(16)(a) (a) Heavy rain.

DCF 252.04(16)(b) (b) Temperatures above 90 degrees Fahrenheit.

DCF 252.04(16)(c) (c) Wind chills of 0 degrees Fahrenheit or below.

DCF 252.04(16m) (16m) “Licensed hours” means the authorized hours specified on the license certificate and letter of transmittal within which the day camp may provide child care services.

DCF 252.04(17) (17) “Licensee” means the corporation, individual, partnership or non-incorporated association or cooperative which has legal and financial responsibility for the operation of a day camp and for meeting the requirements of this chapter.

DCF 252.04(18) (18) “Licensing representative” means a department employee responsible for licensing day camps.

DCF 252.04(19) (19) “Parent” means either “parent” as defined in s. 48.02 (13), Stats., or “guardian” as defined in s. 48.02 (8), Stats.

DCF 252.04(21) (21) “Parochial or private school” means an educational program which meets all the criteria specified under s. 118.165 (1), Stats., or as determined by the superintendent of public instruction under s. 118.167, Stats.

DCF 252.04(21g) (21g) “Pet” means an animal kept for amusement or companionship.

DCF 252.04(21r) (21r) “Physical restraint” means the use of physical force to restrict the free movement of all or part of a child’s body.

DCF 252.04(22) (22) “Physician” has the meaning prescribed in s. 448.01 (5), Stats.

DCF 252.04(22m) (22m) “Pre-camp training” means a program developed by the licensee containing the elements specified in s. DCF 252.42 (3) and attended by camp staff prior to the opening of each year’s camp session.

DCF 252.04(23) (23) “Premises” means a tract of land on which the camp is located, including all buildings, structures, or shelters on that land.

DCF 252.04(23m) (23m) “Regularly assigned counselor” means a person who meet the requirements of a counselor under s. DCF 252.42 and who is assigned to a specific group of children.

DCF 252.04(24) (24) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.

DCF 252.04(25) (25) “Supervision of children” means guidance of behavior and activities of children for their health, safety, and well-being by counselors who are close enough to prevent harm and ensure safety.

DCF 252.04(26) (26) “Supervision of staff” means guidance of the behavior and activities of camp employees which may include provision of instructions to carry out activities for limited periods of time out of sight or hearing of the supervisor.

DCF 252.04(27) (27) “Universal precautions” mean measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health services centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.

DCF 252.04 Note Note: “Standard precautions” for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA website at https://www.osha.gov. Information is also available from the Child Care Information Center, 1-800-362-7353.

DCF 252.04(28) (28) “Volunteer” means a person who agrees to give time, with or without reimbursement for expenses, to provide transportation or to work in a day camp.

DCF 252.04(29) (29) “Waterfront supervisor” means an adult present in a water activity area during times when children are using the water and who meets the requirements under s. DCF 252.44 (7) (b).

DCF 252.04 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (18), r. (24), renum. (25) to (29) to be (24) to (28), Register, August, 1989, No. 404, eff. 9-1-89; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1989, No. 404; am. (4), (12) and (15), r. (6) and (18), Register, January, 1997, No. 493, eff. 2-1-97; corrections in (intro.), (15) and (19) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; correction in (11) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; CR 07-102: r. (1), (7), (10) and (20), am. (2), (3), (8), (9), (11), (13), (14), (17), (23), (25), (26) and (28), cr. (3g), (4m), (11m), (13m), (15m), (18), (21g), (21r), (22m), (23m) and (29), r. and recr. (5), (12), (15), (16), (24) and (27) Register December 2008 No. 636, eff. 1-1-09; corrections in (4m), (13m) (b), (22m), (23m) and (29) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (4m), (13m) (b) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (1), am. (3g), r. and recr. (4m), (12), am. (13m) (b), (15m), cr. (16m), am. (22m), (25), eff. 1-30-19; CR 19-089: cr. (1), am. (3g), r. and recr. (4m), (12), am. (13m) (b), (15m), cr. (16m), am. (22m), (25) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: renum. (1) to (1r), cr. (1g), (15g), am. (15m) Register February 2023 No. 806, eff. 3-1-23.

DCF 252.05 DCF 252.05 Licensing administration.

DCF 252.05(1) (1) Licensing procedures.

DCF 252.05(1)(a) (a) A person making an inquiry to the department about obtaining a license to operate a day camp shall be provided with all of the following:

DCF 252.05(1)(a)1. 1. A copy of this chapter.

DCF 252.05(1)(a)2. 2. Written procedures on how to obtain a day camp license.

DCF 252.05(1)(a)2m. 2m. A copy of the background check request form.

DCF 252.05(1)(a)3. 3. An opportunity to meet with a licensing representative to discuss the materials.

DCF 252.05(1)(a)4. 4. The necessary forms if licensing is desired.

DCF 252.05(1)(a)5. 5. Assistance to complete the licensing process by a licensing representative.

DCF 252.05 Note Note: A packet of materials, including the Initial License Application – Day Camps for Children, is available from any of the regional offices listed in Appendix A.

DCF 252.05(1)(b) (b) An applicant shall submit an application and other materials required for day camp licensure and license continuation on forms provided by the department at least:

DCF 252.05(1)(b)1. 1. Sixty days prior to the date proposed for the camp to begin operating.

DCF 252.05(1)(b)2. 2. Thirty days prior to the end of the current license continuation period.

DCF 252.05(1)(c) (c) An applicant for an initial day camp license or a licensee continuing a regular license shall complete all forms truthfully and accurately, pay all fees and forfeitures due to the department, and submit all of the following materials to the department:

DCF 252.05(1)(c)1. 1. A clearly defined statement of purpose as it relates to the provision of child care services.

DCF 252.05(1)(c)2. 2. A signed statement by the applicant or licensee accepting legal responsibility for complying with this chapter.

DCF 252.05(1)(c)3. 3. The articles of incorporation and by-laws if the camp is organized as a corporation, association or cooperative or, if the licensee is a limited liability company, a copy of the articles of organization and the operating agreement, if any.

DCF 252.05(1)(c)4. 4. A signed authorization which permits the department to make whatever investigation it considers necessary for the verification of pertinent application information.

DCF 252.05(1)(c)5. 5. A general description of the camp area, geographic location and size of the base camp or the proposed itinerary of field trips if a program will consist primarily of field trips.

DCF 252.05(1)(c)6. 6. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the camp and identify by position or name those persons on the premises in charge of the camp for all hours of operation.

DCF 252.05(1)(c)7. 7. The name, address, and telephone number of the person to be contacted by the licensing representative for the pre-camp licensing review.

DCF 252.05(1)(c)8. 8. A statement from the state laboratory of hygiene or a state approved laboratory indicating that the water from a private well providing drinking water has been tested and found to be safe.

DCF 252.05(1)(c)9. 9. The license fee required under s. 48.65, 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 252.05(1)(c)10. 10. For an initial license application, a completed background check request form for the applicant and if the camp will be located in a residence, any household member 10 years of age and above.

DCF 252.05 Note Note: The background check request form is used for reporting background information. Information on how to request a background check is available on the department’s website http://dcf.wisconsin.gov.

DCF 252.05(1)(c)11. 11. A statement from the applicant that indicates the camp is in compliance with this chapter.

DCF 252.05(1)(c)12. 12. A copy of all the policies required under s. DCF 252.41 (1) (f) and a completed copy of the day camp policy checklist on a form provided by the department.

DCF 252.05 Note Note: Information on how to obtain a copy of the form, Policy Checklist — Day Camp, is available on the department’s website http://dcf.wisconsin.gov, or from any of the regional offices in Appendix A.

DCF 252.05(1)(c)13. 13. The test results from the water on any beach on the premises of the camp that will be used for waterfront activities by the children in care.

DCF 252.05(1)(c)14. 14. A report indicating that any building used primarily for day camp purposes is in compliance with applicable commercial building codes.

DCF 252.05(1)(c)15. 15. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

DCF 252.05(1)(d) (d) Upon submission of a complete application, a licensing representative shall conduct an investigation to determine whether the applicant is eligible for a license.

DCF 252.05(1)(e) (e) If the department determines that the applicant for an initial license 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 252.05(1)(f) (f) If the department determines that an application for an initial license 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 252.05(1)(g) (g) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance.

DCF 252.05(1)(h) (h) If the department determines that the licensee continuing a regular license has met the minimum requirements for a license under this chapter has paid the applicable fees referred to in ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall continue the license for an additional 2 years.

DCF 252.05(1)(i) (i) The department may refuse to issue or continue a license if another child care center or day camp operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding forfeiture or penalty.

DCF 252.05(1)(j) (j) The department may not process an application for a license if the applicant has had a child care license under s. 48.65, Stats., or a child care certification under s. 48.651, Stats., revoked or denied within the last 2 years. No person may submit an application for a licensee and no licensee may hire a person who had a child care license revoked or denied within the previous 2 years.

DCF 252.05(1)(k) (k) The department shall consider a licensee who fails to submit any of the materials described in par. (c) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the day camp.

DCF 252.05(2) (2) Amendment to license. A written request for an amendment to the license shall be submitted to the department by the licensee before changes are made in the conditions of the current license such as a change in the licensed capacity of the camp, age range of children, hours, days of the week, months of the year in operation or change in the name of the camp.

DCF 252.05(3) (3) Terms of license.

DCF 252.05(3)(a) (a) The number of children under 7 years of age in care of the center at any one time may not exceed the number for which the center is licensed.

DCF 252.05(3)(b) (b) The age of children served may not be younger or older than the age range specified in the terms of the license.

DCF 252.05(3)(c) (c) The hours, days and months of a center’s operation may not exceed those specified in the license.

DCF 252.05(4) (4) Additional license. A licensee seeking licensure for an additional day camp or child care center location shall demonstrate compliance with applicable parts of this chapter in the operation of the existing center. The licensee shall pay any fines, forfeitures or other fees due to the department under s. 48.715, Stats., on other facilities licensed by the department before the department issues an additional license.

DCF 252.05(5) (5) Condition of licensure. The department may deny a license or may suspend or revoke a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the licensee, applicant or proposed or current employee, volunteer, household member or any other person having regular contact with children is, or has been any of the following:

DCF 252.05(5)(a) (a) The subject of a pending criminal charge if the charge substantially relates to the care of children or activities of the camp.

DCF 252.05(5)(b) (b) Convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the camp.

DCF 252.05(5)(c) (c) Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the camp.