DCF 250.11(1)(1)Licensing requirement. If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.
DCF 250.11(2)(2)General conditions for approval of license.
DCF 250.11(2)(a)(a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.
DCF 250.11(2)(am)(am) An applicant for a license to operate a family child care center shall be an individual.
DCF 250.11(2)(ar)(ar) A person may not be issued a license to operate more than 2 family child care centers, unless the license for each center was issued prior to March 1, 2023.
DCF 250.11(2)(b)(b) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.
DCF 250.11(2)(c)(c) Persons licensed to operate a family child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the family child care center. A determination that a person is unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not the abuse or neglect results in a criminal charge or conviction.
DCF 250.11(2)(d)(d) The department shall issue a family child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.
DCF 250.11 NoteNote: See DCF 250.03 (11) for the definition of “fit and qualified.”
DCF 250.11(2)(e)(e) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center may endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.
DCF 250.11(2)(f)(f) The department may deny or revoke the license if the examination specified under par. (e) gives the department reasonable concern for the care of children.
DCF 250.11(2)(g)(g) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.
DCF 250.11(2)(h)(h) The department shall consider a licensee who fails to submit any of the materials described in sub. (4) or (5) by the expiration or continuation date of a license to have surrendered the license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.
DCF 250.11(3)(3)Initial application for a probationary license.
DCF 250.11(3)(a)(a) An applicant for a license shall have obtained pre-licensing technical assistance that results in a completed initial licensing study checklist from a representative of the department prior to submitting an application for a license.
DCF 250.11 NoteNote: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate regional office in Appendix A. The Department will provide the application form to an applicant upon completion of the pre-licensing technical assistance.
DCF 250.11 NoteNote: 2. An initial licensing study checklist includes a list of those rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the Department or the appropriate regional office in Appendix A.
DCF 250.11(3)(b)(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.
DCF 250.11(3)(c)(c) An applicant for an initial license shall include all the following with the application form:
DCF 250.11(3)(c)1.1. The license fee required under s. 48.65 (3) (a), 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 250.11(3)(c)2.2. A completed background check request form for the applicant and, if the center will be located in a residence, any household member 10 years of age and above, and any applicable fees.
DCF 250.11(3)(c)3.3. A statement from a representative of the department that details the results of any pre-licensing technical assistance.
DCF 250.11(3)(c)4.4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.
DCF 250.11(3)(c)5.5. Results of a water test if the center has a private well.
DCF 250.11(3)(c)6.6. Results of a vehicle safety inspection if the center will transport children.
DCF 250.11(3)(c)6m.6m. Documentation of liability insurance on a vehicle used to transport children, as required under s. DCF 250.08 (5) (c).
DCF 250.11(3)(c)7.7. Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.
DCF 250.11(3)(c)8.8. A copy of all center policies as specified under s. DCF 250.04 (2) (e).
DCF 250.11(3)(c)9.9. Any other materials determined by the department as necessary to complete the department’s licensing investigation.