1. (1) Terms of license.

   1. (a) The number of children in the care of a family child care center at any time may not exceed the number for which the center is licensed.

      Note: Denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal under the state public accommodations law, federal law related to the use of federal funding, and some local anti-discrimination ordinances.

   2. (b) The age of children served by a center may not be younger or older than the age range specified in the license issued.
   3. (c) The hours, days and months of a center’s operation may not exceed those specified in the license.

2. (2) Administration. A licensee shall do all of the following:

   1. (a) Comply with all laws governing the facility and its operation.

      Note: Denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal under the state public accommodations law, federal law related to the use of federal funding, and some local anti-discrimination ordinances.

   2. (b) Comply with all requirements in this chapter.
   3. (bm) Comply with all conditions placed on the license.
   4. (c) Ensure that all information provided to the department is current and accurate.
   5. (cm) If residing in another state, designate in writing, as part of the application under s. DCF 250.11 (3) and (4), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.

   6. (d) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.

      Note: The Department will provide an application after a Department representative completes the provision of pre-licensing technical assistance.

   7. (e) Develop, submit to the department, implement, and provide to the parents written policies and procedures consistent with the requirements of this chapter related to all of the following:

      1. 1. Enrollment and discharge of enrolled children.
      2. 2. Fee payment and refunds.
      3. 3. Child and provider absences, including a procedure to contact a parent if a child is absent from the center without prior notification from the child’s parent.
      4. 4. Children’s and staff’s health care, including those policies and procedures pertaining to SIDS risk reduction, if the center is licensed to care for children under one year of age.
      5. 5. Nutrition.
      6. 6. Daily activities of the children.
      7. 7. Child guidance, including appropriate ways to manage crying, fussing or distraught children.
      8. 8. Transportation of children for any purpose including field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.
      9. 9. Religious instruction or practices, if any.
      10. 10. Information related to the numbers, types and location of pets or other animals located on the premises of the center and the type of access the children will have to the pets.

   8. (f) Develop, submit to the department, and implement a written orientation plan for any employees, substitutes, and emergency back-up providers. The orientation plan shall cover all the items described in s. DCF 250.05 (4) (a) and (b).

      Note: See s. DCF 250.05 (2) (a) and (b) regarding providing an orientation to employees, substitutes and emergency back-up providers.

   9. (g) Maintain liability insurance on the child care business if cats or dogs are allowed in areas accessible to children during the hours of operation. The insurance policy shall indicate the number of children covered and the dates of coverage.

   10. (gm) Provide written information to parents on whether a licensee has insurance coverage on the premises and on the child care business.

       Note: The information provided could be included as a rider on a homeowner policy or a separate insurance policy on the child care business. A certificate of insurance or other documentation from an insurance company that indicates the number of children covered, dates of coverage, and types of pets covered is acceptable.

   11. (h) Post the child care license in a location where parents can see it during the hours of operation.

   12. (i)

       1. 1. Post next to the child care license all of the following:

          1. a. The current licensing statement of compliance or noncompliance statement and correction plan, including any rule violations the department has not verified as corrected and in compliance.
          2. b. Any notice from the department related to rule violations, such as a warning letter or enforcement action.
          3. c. Any stipulations, conditions, temporary closures, exceptions, or exemptions that affect the license.
       2. 2. All items posted as required under this paragraph shall be visible to parents.
   13. (j) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.
   14. (k) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.
   15. (L) Submit a completed background check request form to the department for each potential household member prior to the date on which the individual becomes a household member, unless the person is less than 10 years of age.

   16. (m) When a current household member turns 10 years of age, submit a completed background check request form to the department by the department’s next business day.

       Note: For more information on child care background checks, see ch. DCF 13. Information on requesting a background check is available on the department’s website, http://dcf.wisconsin.gov, through the Child Care Provider Portal, or from any regional licensing office in Appendix A.

3. (3) Reports. The licensee shall report to the department all of the following. If the report is made by telephone, the licensee shall submit a written report to the appropriate regional licensing office within 5 business days of the incident. Fax, e-mail and letter are acceptable ways of filing a written report:

   1. (a) Any incident or accident that occurs while the child is in the care of the center that results in professional medical evaluation, within 24 hours of the licensee becoming aware of the medical evaluation.

      Note: The licensee may use the licensee’s own form or the department’s form, Incident Report — Regulated Child Care. The department’s form is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

   2. (am) Any death of a child in care, within 24 hours after the death.

      Note: The licensee may use either the licensees own form or the department’s form, Incident Report – Regulated Child Care. The form is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

   3. (ar) Any injury caused by an animal to a child in care, within 24 hours of the incident.
   4. (b) Any damage to the premises that may affect compliance with this chapter, or any incident at the premises that results in the loss of utility services, within 24 hours after the occurrence.

   5. (c) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.

      Note: See s. DCF 250.11 (6) (a) for items that affect a condition of the license.

      Note: It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling.

   6. (d) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and be approved by the department licensing representative.

      Note: The licensing representative will notify the licensee whether a plan of correction will be required and will provide the plan of correction format with the notification.

   7. (e) Any known convictions, pending charges, or other offenses of the licensee, a provider, household member, or other person subject to a child care background check, by the department’s next business day.
   8. (f) Any incident related to a child who leaves the premises of the center without the knowledge of a provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the incident.

   9. (g) Any incident involving law enforcement within 24 hours after the occurrence that:

      1. 1. Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.
      2. 2. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.
   10. (h) Any change in room usage, such as using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.
   11. (i) Any suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub. (8), including any incident that results in a child being forcefully shaken or thrown against a hard or soft surface during the child’s hours of attendance, within 24 hours after the incident.

   12. (im) Any prohibited actions specified in s. DCF 250.07 (2) (c) by a provider, volunteer, or household member to a child in care, within 24 hours after the incident.

       Note: See also s. DCF 250.07 (2) for information on guiding children’s behavior and s. DCF 250.07 (6) (b) regarding recording injuries in a center medical log,

   13. (j) A change in transportation services at least 5 calendar days prior to the change. A change in transportation services shall be approved by the department.

   14. (k) Statistical data required by the department on forms provided by the department.

       Note: The Department periodically requests statistical data from licensees. An example of the type of data collected relates to the immunization status of children in care. When the Department requests statistical data, the Department will supply the appropriate form.

   15. (L) Temporary closings lasting more than 2 weeks, at least 5 calendar days before the closing.
   16. (Lm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.
   17. (m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled in the child care center or a person in contact with children at the center, within 24 hours after the center is notified of the diagnosis. The licensee shall also notify the parents of all enrolled children and the local health department within 24 hours after the center is notified of the diagnosis.

4. (4) Parents.

   1. (a) The center shall permit parents to visit and observe the center’s operations at any time during the center’s hours of operation unless parental access is prohibited or restricted by court order.

   2. (b) The licensee shall give parents of each enrolled child a summary of this chapter.

      Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center by calling 1-800-362-7353.

   3. (c) The licensee shall notify a parent of a child in care of all of the following circumstances:

      1. 1. The child is or has been exposed to a diagnosed or suspected communicable disease reportable under ch. DHS 145 as specified under sub. (3) (m).

         Note: The Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to a local public health officer. These materials also provide information on the symptoms of each disease and guidance on how long an infected child must be excluded from child care. Copies of the communicable disease chart are available on the Department of Health Services website at https://www.dhs.wisconsin.gov/publications/p44397b.pdf.

      2. 2. Notification shall be made immediately and shall provide sufficient detail to apprise the parent in all of the following situations:

         1. a. The child becomes ill.
         2. b. The child needs professional evaluation of an injury.
         3. c. The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child’s allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication. For purposes of this subdivision, a “head injury” means a bump, blow, or jolt to the head.
         4. d. The child’s whereabouts are unknown to the assigned provider.
         5. e. The child was subject to child guidance that is prohibited under s. DCF 250.07 (2) (c) and (d).
      3. 3. The child has sustained a minor injury that does not appear to require professional medical treatment. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.
      4. 4. The child will be going on a field trip that is not considered part of the regularly scheduled program. Notification of the date, time, and destination shall be prior to the field trip.

5. (6) Children’s records.

   1. (a) The licensee shall maintain a current written record at the center on each child enrolled, including the provider’s own children under age 7, and shall make the record available to the licensing representative on request. Each record shall include all of the following:

      1. 1. Enrollment information that includes all of the following:

         1. a. The name and birthdate of the child.
         2. b. The full names of the child’s parents.
         3. c. The child’s home address and telephone number.
         4. d. An address and telephone number where the parent can be reached while the child is in care.
         5. e. The name, address, telephone number, and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.
         6. f. The name, address, and telephone number of the child’s physician or medical facility caring for the child.
         7. g. The names, addresses, and telephone numbers of persons other than a parent authorized to call for the child, pick up the child, or accept the child who is dropped off.

         8. h. The child’s first day of attendance at the center.

            Note: The licensee may use either the department’s form, DCF-F-CFS0062, Child Care Enrollment, or the licensee’s own form. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

      2. 1m. Health history information that includes all of the following:

         1. a. The name and birthdate of the child.
         2. b. The full names of the child’s parents.
         3. c. A telephone number where the parent can be reached while the child is in care.
         4. d. The name, address, and telephone number of the physician or medical facility caring for the child.
         5. e. The child’s medical conditions, such as asthma, cerebral palsy, diabetes, epilepsy, food allergies, or gastrointestinal or feeding concerns. If the child has a milk allergy, a statement from a medical professional indicating an acceptable alternative for the child.

         6. f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the provider to watch for, steps a provider should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all providers who have received specialized training or instructions to help treat symptoms.

            Note: The licensee may use the department’s form, DCF-F-CFS2345 Health History and Emergency Care Plan, or the licensee’s own form for obtaining the information.

      3. 2. If field trips and other off-premises activities are a part of the program, written authorization from the parent indicating that the child has permission to participate.

         Note: The department’s form, Child Care Enrollment, includes a blanket authorization to take children on field trips. The department’s form, Field Trip or Other Activity Notification, or another type of notification such as a note to a parent may be used to provide specific information about a field trip. Information on how to obtain department forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

      4. 3. A written agreement, signed by the parent, outlining the plan for a child to come to the center from school, home or other activities and to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or the child is transported by the center.

         Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child Care, or the licensee’s own form for securing the parent’s signed agreement. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

      5. 4. Documentation of each child’s most recent physical examination subject to the following:

         1. a. Each child under 2 years of age, including a provider’s own children in care, shall have an initial health examination not more than 6 months prior to nor later than 3 months after being admitted to the center, and a follow-up examination at least once every 6 months thereafter.
         2. b. Each child who is at least 2 years of age but who is not 5 years of age or older, including a provider’s own children in care, shall have an initial health examination not more than one year prior to nor later than 3 months after being admitted to a center, and a follow-up health examination at least once every 2 years thereafter.
         3. c. Children 5 years of age and above are not required to have a health exam.

         4. d. A health examination report shall be made on an electronic printout from a licensed physician, physician assistant, or other EPSDT provider or a form provided by the department that is signed and dated by a licensed physician, physician assistant, or other EPSDT provider.

            Note: To document a health examination, use either an electronic printout from a medical professional or the department’s Form DCF-F-CFS0060, Child Health Report — Child Care Centers. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

      6. 4m. Documentation that the child’s immunization history is in compliance with s. 252.04, Stats., and ch. DHS 144.

         Note: To record immunization information, use either an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health provider or the Department of Health Services Form F-44192, Child Care Immunization Record. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

      7. 5. Written permission from the parents under s. DCF 250.07 (6) (k) for medical attention to be sought for the child if the child is injured.

   2. (b) The licensee shall maintain a current, accurate written record of the daily attendance that includes the actual time of arrival and departure for each child and the child’s birthdate. The record shall be kept for the length of time the child is enrolled in the program.

      Note: The licensee may use the department’s form, DCF-F-2438 Daily Attendance Record — Licensed Child Care Centers, or the licensee’s own form for recording a child’s daily attendance. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

6. (7) Confidentiality.

   1. (a) The licensee is responsible for compliance by the center with s. 48.78, Stats., and this subsection.

   2. (b) The licensee shall ensure that all of the following occur:

      1. 1. Persons with access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subdivision does not apply to any of the following:

         1. a. The child’s parent.
         2. b. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.
         3. c. Agencies authorized under s. 48.78, Stats.
      2. 2. A parent, upon request, has access to all records and reports maintained on his or her child.
      3. 3. All records required by the department under this chapter for licensing purposes are available to the licensing representative.

7. (8) Reporting child abuse or neglect. A licensee or provider who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in ss. 48.02 (1) and 48.981 (1), Stats., shall immediately contact the county department of social services or human services or local law enforcement agency in compliance with s. 48.981, Stats.

   Note: Child care providers are required to report known or suspected child abuse or neglect as specified in par. (a). Reporting to the licensee does not lessen this legal duty if the licensee fails to report as specified in par. (a).

   Note: See s. DCF 250.07 (6) (b) for information about logging evidence of unusual bruises, contusions, lacerations, or burns received by a child in or out of center care in the center medical log book.

History

History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (f), (g), (5) (b), (c), (d), (g) and (6) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (e) 3., 7., 8., (g), (h), (i), (3) (intro.), (a), (e), (i), (j), (5) (intro.), (d), (g), (6) (a) (intro.), 3. and (b), cr. (2) (L), (m), (3) (L), (m), (4) (c), (5) (h), (i), (j) and (k) Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (m), (4) (c) 1., (5) (d), (h), (i) and (j) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (2) (g), (6) (a) 1. Register February 2016 No. 722, eff. 3-1-16; corrections in (5) (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title), eff. 1-30-19; CR 19-089: cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title) Register March 2020 No. 771, eff. 4-1-20; correction in (3) (i) made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: r. (1) (bm), am. (2) (g), (6) (a) 4. d. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: cr. (2) (cm), am. (2) (g), cr. (2) (gm), (3) (Lm), am. (4) (c) 2. (intro.), cr. (4) (c) 2. d., e., r. and recr. (6) (a) 1., cr. (6) (a) 1m., am. (6) (b), renum. (8) (a) to (8), r. (8) (b) Register February 2023 No. 806, eff. 3-1-23; correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.