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DCF 252.05(10)(h)(h) The department may not process an application for a license if the applicant has had a license or certification to operate a day camp or child care center revoked or denied within the last 2 years. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care or day camp license or certification revoked or denied.
DCF 252.05(10)(i)(i) The department shall consider a licensee who fails to submit any of the materials described in sub. (1) (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 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84; r. (1) and (2) (c) 7., renum. (2) (a) to (c) 6. and 8. and (d) to (h) and (3) to (8) to be (1) (a) to (c) 6. and 8. and (d) to (h) and (2) to (7) and am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 5. a., Register, August, 1989, No. 404, eff. 9-1-89; CR 07-102: am. (1) (a) (intro.), 1. to 5., (b) (intro.), 1., 2., (c) (intro.), 1. to 4., 6., (d) (intro.), (2), (4), (5) (intro.), (a) to (d), (6) (a) (intro.), 1. to 4. and (b), cr. (1) (a) 2m., (c) 7., 9. to 15., (5) (e) to (h), (6) (a) 5. and (8) to (10), r. (1) (b) 3. to 5., (c) 8. (intro.), b. and (d) 1. to 5., r. and recr. (1) (c) 5., (e) to (h) and (7), renum. (1) (c) 8. a. to be (1) (c) 8. and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (1) (c) 12., (5) (e) and (7) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b), eff. 1-30-19; CR 19-089: am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b) Register March 2020 No. 771, eff. 4-1-20; correction in (6) (a) 4. made under s. 35.17, Stats., Register May 2020 No. 773; CR 21-100: am. (9) Register February 2023 No. 806, eff. 3-1-23.
DCF 252.06DCF 252.06Complaints, inspections and enforcement actions.
DCF 252.06(1)(1)Complaints. Anyone having a complaint about a licensed or illegally operating day camp may submit that complaint to the department by telephone, letter, e-mail, fax or personal interview. Every complaint shall be investigated by a licensing representative. A written report of the findings of the investigation shall be sent to the complainant upon request.
DCF 252.06 NoteNote: A complaint should be sent, phoned or delivered to the appropriate regional licensing office listed in Appendix A.
DCF 252.06(2)(2)Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any day camp at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises, whether temporary or permanent, which are identified in the license, children in care, staff and child records, and any other materials or individuals with information on the camp’s compliance with this chapter.
DCF 252.06(3)(3)Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.686, 48.715, or 48.76, Stats.
DCF 252.06 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: am. (title), renum. to be (1) and am., cr. (2) and (3) Register December 2008 No. 636, eff. 1-1-09; CR 14-028: renum. (2) to (2) (a), cr. (2) (b) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr. (2), am. (3), eff. 1-30-19; CR 19-089: r. and recr. (2), am. (3) Register March 2020 No. 771, eff. 4-1-20; CR 20-003: renum. (2) (a) to (2), r. (2) (b) Register July 2020 No. 775, eff. 8-1-20.
DCF 252.07DCF 252.07Non-discrimination, confidentiality, and reporting child abuse or neglect.
DCF 252.07(1)(1)Discrimination prohibited.
DCF 252.07(1)(a)(a) The licensee shall ensure that the day camp does not discriminate in employment against properly qualified individuals in a manner prohibited in ss. 111.31 to 111.395, Stats.
DCF 252.07(1)(b)(b) The licensee shall ensure that the day camp does not discriminate against any enrolled child and family or any applicant for enrollment in admission, privilege of enrollment, or discharge condition on the basis of age, race, color, sex, sexual orientation, creed, disability, national origin, or ancestry as provided in s. 106.52, Stats.
DCF 252.07(2)(2)Confidentiality of records.
DCF 252.07(2)(a)(a) The licensee is responsible for the day camp’s compliance with s. 48.78, Stats., and this subsection.
DCF 252.07(2)(b)(b) Persons who have access to children’s records may not discuss or disclose personal or other information about a child or a child’s relatives. This paragraph does not apply to any of the following:
DCF 252.07(2)(b)1.1. The child’s parent.
DCF 252.07(2)(b)2.2. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.
DCF 252.07(2)(b)3.3. An agency authorized under s. 48.78, Stats., to have access to children’s records.
DCF 252.07(2)(c)(c) If a parent requests a record or report on the parent’s child, the day camp shall make the record or report accessible to the parent.
DCF 252.07(2)(d)(d) All records required by the department for licensing purposes shall be made available to licensing representatives upon request.
DCF 252.07(3)(3)Reporting child abuse or neglect.
DCF 252.07(3)(a)(a) A licensee, employee, or volunteer at a day camp who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in s. 48.02 (1) or (12g), Stats., shall immediately contact the county department of social services under s. 46.22, Stats., the county department of human services under 46.23, Stats., the department in a county with a population of 750,000 or more, or the local law enforcement agency in compliance with s. 48.981, Stats.
DCF 252.07(3)(b)(b) The licensee shall ensure that every employee or volunteer who comes in contact with the children at the day camp has received annual pre-camp training in all of the following:
DCF 252.07(3)(b)1.1. Child abuse and neglect laws;
DCF 252.07(3)(b)2.2. Identification of children who have been abused or neglected; and
DCF 252.07(3)(b)3.3. The process for ensuring that known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.
DCF 252.07 NoteNote: Failure of the licensee to report known or suspected incidents of child abuse or neglect does not lessen the legal duty of the child care worker to report known or suspected cases of child abuse or neglect.
DCF 252.07 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: r. and recr. (1) and (2), am. (3) (b) (intro.) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3., eff. 1-30-19; CR 19-089: am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3. Register March 2020 No. 771, eff. 4-1-20.
DCF 252.08DCF 252.08Pets and other animals.
DCF 252.08(1)(1)Pets that are kept on the premises of a day camp shall be maintained in good health and appropriately vaccinated against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.
DCF 252.08(2)(2)A pet that is suspected of being ill, or infested with external lice, fleas, ticks, or internal worms shall be inaccessible to children.
DCF 252.08(3)(3)In the event that an animal bites a child, the parent shall be notified and a veterinarian shall be contacted by center personnel to determine a course of action in the diagnosis of possible rabies in the animal. Procedures for emergency care of children shall be followed. Parents shall be notified of any action taken by the veterinarian.
DCF 252.08(4)(4)Turtles, skunks, exotic animals, wild animals and poisonous reptiles may not be kept as pets on the premises of the day camp.
DCF 252.08(5)(5)Animal pens shall be kept clean.
DCF 252.08(6)(6)All contact between pets or animals and children shall be under the supervision of a camp counselor who is close enough to remove the child immediately if the pet or animal shows signs of distress or the child shows signs of treating the pet or animal inappropriately. Pets shall be kept and handled in a manner which protects the well-being of both children and pets.
DCF 252.08(7)(7)Pets in rooms used by children shall be confined in cages while food is being prepared or served. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms and other food storage areas. Pet and animal feeding dishes and litter boxes may not be placed in areas accessible to children.
DCF 252.08(8)(8)No horses or other livestock may be permanently quartered closer than 500 feet from any building in which the day camp is located.
DCF 252.08(9)(9)Pets that pose any risk to the children shall be restricted from the areas used by children.
DCF 252.08(10)(10)Procedures to be followed when children have contact with animals, other than pets, while in the care of the camp shall be included in the camp’s health policy.
DCF 252.08 NoteNote: Service animals used by a person with a disability to assist that person are not considered pets under this rule while they are working as a service animal.
DCF 252.08 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: am. (title), (1), (2), (4), (6) and (8), r. and recr. (7), cr. (9) and (10) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (2), eff. 1-30-19; CR 19-089: am. (2) Register March 2020 No. 771, eff. 4-1-20.
DCF 252.09DCF 252.09Transportation.
DCF 252.09(1)(1)Applicability.
DCF 252.09(1)(a)(a) Except as provided in par. (b), this section applies to all transportation of children in care, including both regularly scheduled transportation to and from the camp and field trip transportation, if any of the following apply:
DCF 252.09(1)(a)1.1. The licensee owns or leases the vehicle used.
DCF 252.09(1)(a)2.2. The licensee contracts with another individual or organization that owns or leases the vehicle used.
DCF 252.09(1)(a)3.3. Employees, parents, or volunteers are transporting children at the direction, request, or on behalf of the licensee.
DCF 252.09(1)(b)(b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the counselor-to-child ratios in Table DCF 252.425:
DCF 252.09(1)(b)1.1. The requirement that a licensee obtain a copy of the driver’s driving record under sub. (4) (c).
DCF 252.09(1)(b)2.2. The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b).
DCF 252.09(1)(b)3.3. The requirements related to child care vehicle safety alarms under sub. (8).
DCF 252.09(1)(c)(c) The licensee shall document in their policies that transportation provided through a written or verbal contract with another individual or organization meets the requirements of this section.
DCF 252.09(2)(2)Permission and emergency information. Before transporting a child, a licensee shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include the following information:
DCF 252.09(2)(a)(a) The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.
DCF 252.09(2)(b)(b) An address and telephone number where a parent or other adult can be reached in an emergency.
DCF 252.09(2)(c)(c) The name, address, and telephone number of the child’s health care provider.
DCF 252.09(2)(d)(d) Written consent from the child’s parent or guardian for emergency medical treatment.
DCF 252.09 NoteNote: The licensee may use the department’s form, Child Care Enrollment, to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain forms is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 252.09(3)(3)Required information for each trip. The licensee shall ensure that written documentation of all of the following is maintained at the camp and in any vehicle transporting children while the children are being transported:
DCF 252.09(3)(a)(a) A list of the children being transported.
DCF 252.09(3)(b)(b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported.
DCF 252.09(3)(c)(c) For transportation to or from a child’s home or school, the transportation route and scheduled stops.
DCF 252.09(4)(4)Driver.
DCF 252.09(4)(a)(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid driver’s license for the state where the driver resides and for the type of vehicle driven.
DCF 252.09(4)(b)(b) Before a driver who is not the licensee first transports children the licensee shall provide the driver with a training. The licensee shall review, document, and update the training as necessary with each driver annually. The training shall include all of the following:
DCF 252.09(4)(b)1.1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
DCF 252.09(4)(b)2.2. The procedure for loading, unloading, and tracking of children being transported.
DCF 252.09(4)(b)3.3. The procedure for evacuating the children from a vehicle in an emergency.
DCF 252.09(4)(b)4.4. Behavior management techniques for use with children being transported.
DCF 252.09(4)(b)5.5. A review of this section and the applicable statutes under s. 347.48, Stats.
DCF 252.09(4)(b)6.6. A review of applicable camp policies.
DCF 252.09(4)(b)7.7. First aid procedures.
DCF 252.09(4)(b)8.8. A review of child abuse and neglect laws and center reporting procedures.
DCF 252.09(4)(b)9.9. Information on any special needs a child being transported may have and the plan for how those needs will be met.
DCF 252.09(4)(b)10.10. A review of the use of the vehicle alarm, if applicable.
DCF 252.09(4)(b)11.11. Any other job responsibilities as determined by the licensee.
DCF 252.09(4)(c)1.1. Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.
DCF 252.09(4)(c)2.2. In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver’s record, any other relevant facts, and all of the following factors in combination:
DCF 252.09(4)(c)2.a.a. The seriousness of any accidents or violations.
DCF 252.09(4)(c)2.b.b. How much time has passed since an accident or violation occurred.
DCF 252.09(4)(c)2.c.c. The number of accidents or violations.
DCF 252.09(4)(c)2.d.d. The likelihood that a similar incident will occur.
DCF 252.09(4)(c)3.3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.
DCF 252.09 NoteNote: Information on how to obtain driving records may be obtained by contacting the department of transportation at (608) 261-2566 or https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/point-system.aspx.
DCF 252.09(4)(d)1.1. Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children except when the vehicle is out of traffic, not in operation, and any of the following applies:
DCF 252.09(4)(d)1.a.a. The phone or device is used to call 911.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.