1. (1) Included and excluded care arrangements. This chapter applies to all family child care centers, but does not include any of the following:

   1. (a) Care and supervision of children in a program that operates no more than 4 hours a week.
   2. (b) Group lessons to develop a talent or skill, such as dance or music, social group meetings and activities and group athletic activities.
   3. (c) Care and supervision while the parents are on the premises and are engaged in shopping, recreation or other non-work activities.
   4. (d) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible school and holiday child care programs.
   5. (e) Care and supervision in emergency situations.
   6. (f) Care and supervision while the parent is employed on the premises if the parent’s child receives care and supervision for no more than 3 hours a day.
   7. (g) 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.

   Note: Section 48.65 (2), Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons employed to 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 for a license.

2. (2) Exception to the requirement. The department may grant an exception to a requirement of this chapter when a family child care center demonstrates 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 pertinent provision in this chapter.

   Note: A request for an exception to a requirement of this chapter should be sent to the regional licensing representative of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

History

History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05.