Chapter DCF 252

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.

DCF 252.05(5)(d) (d) The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of a child.

DCF 252.05(5)(e) (e) The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

DCF 252.05(5)(f) (f) Had a child care center license, day camp license or certification revoked or denied within the last 5 years.

DCF 252.05(5)(g) (g) Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

DCF 252.05(5)(h) (h) Made false statements or withheld information.

DCF 252.05(6) (6) Summary suspension of a license.

DCF 252.05(6)(a) (a) Under the authority of s. 227.51 (3), Stats., the department may order the summary suspension of a license and, therefore, close a day camp when the department finds the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of the requirement for summary suspension of the license may be based on any of the following:

DCF 252.05(6)(a)1. 1. Failure of the licensee to provide environmental protections for the children such as heat, water, electricity or telephone service.

DCF 252.05(6)(a)2. 2. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily injury.

DCF 252.05(6)(a)3. 3. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense or has a pending criminal charge which substantially relates to the circumstances of caring for children or activities of the camp.

DCF 252.05(6)(a)4. 4. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981, Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.

DCF 252.05 Note Note: Examples of actions the department will consider in making determinations under s. DCF 252.05 (5) and (6), are: abuse and neglect of children; sexual assault; abuse of residents of facilities; crimes against life and bodily security; kidnapping; abduction; arson of buildings or property other than buildings; robbery; receiving property from children; crimes against sexual morality, such as enticing a minor for immoral purposes or exposing minors to harmful materials and interfering with the custody of a child. The list is illustrative. It is not all-inclusive of the types of offenses that may be considered.

DCF 252.05(6)(a)5. 5. The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the day camp that directly threatens the health, safety or welfare of any child under the care of the licensee.

DCF 252.05(6)(b) (b) An initial order summarily suspending the license and closing a day camp may be a verbal order by a licensing representative. The department shall within 72 hours of the closing either permit the reopening of the center or initiate proceedings in accordance with s. 227.51 (3), Stats., for the revocation of the license to operate. A preliminary hearing on the revocation shall be conducted by the department of administration’s division of hearings and appeals within 10 working days after the date of the initial order to close on the issue of whether the license shall remain suspended during revocation proceedings.

DCF 252.05(7) (7) License denial or revocation.

DCF 252.05(7)(a) (a) The department may deny or revoke a license, initiate other enforcement actions specified under this chapter or under ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, is any of the following:

DCF 252.05(7)(a)1. 1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the camp.

DCF 252.05(7)(a)2. 2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the camp.

DCF 252.05(7)(a)3. 3. 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.

DCF 252.05(7)(a)4. 4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

DCF 252.05(7)(a)5. 5. The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.

DCF 252.05(7)(a)6. 6. Determined to have had a child care center license, day camp license or certification revoked or denied within the last 5 years.

DCF 252.05(7)(a)7. 7. Determined to have violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

DCF 252.05(7)(a)8. 8. Determined to have made false statements or withheld information.

DCF 252.05(7)(b) (b) The department may deny, revoke, refuse to renew or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if the applicant or licensee is not fit and qualified as determined under sub. (10) (a).

DCF 252.05 Note Note: See DCF 252.04 (13m) for the definition of fit and qualified. Examples of charges, actions or offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials, interfering with the custody of a child; or civil or criminal actions demonstrating an inability to manage financial resources or activities of the camp. The list is illustrative. Other types of offenses may be considered.

DCF 252.05(7)(c) (c) The department may not license a person if the department has received certification pursuant to s. 49.857 (2), Stats., from the department of workforce development that the applicant or licensee has failed to pay court-ordered payments of child or family support or expense related to the support of a child or former spouse or has failed to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency related to paternity or child support proceedings. Notwithstanding s. 48.72, Stats., an action taken under this subsection is subject to review only as provided under s. 49.857, Stats., and not as provided in s. 48.72, Stats.

DCF 252.05(7)(d) (d) The department may not license a person if the department has received certification pursuant to s. 73.0301, Stats., from the department of revenue certifying that the applicant or licensee has a delinquent tax liability. An action taken under this paragraph is subject to review only as provided under s. 73.0301 (5), Stats., and not as provided in s. 48.72, Stats.

DCF 252.05(8) (8) Effect of notice to revoke or deny a license.

DCF 252.05(8)(a) (a)

DCF 252.05(8)(a)1. 1. If the department decides under sub. (7) to deny a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.