Ch. DCF 251 NoteNote: 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 251.01DCF 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 251.02(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)(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 NoteNote: 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.