1. (1) Terms of a license.

   1. (a) The number of children in care at any one time may not exceed the licensed capacity of the center.
   2. (b) The age of children served by a center may not be younger or older than the age range specified in the license.
   3. (c) The hours, days and months of a center’s operation may not exceed those specified in the license.

2. (2) Administration. A group child care center licensee shall do all of the following:

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

      Note: Under the state public accommodation law s. 106.52 (3), Stats., federal law related to use of federal funding, and some local anti-discrimination ordinances, denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal.

   2. (b) Comply with all requirements of 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. (d) If residing in another state, designate in writing, as part of the application under s. DCF 251.11 (2) and (3), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.
   6. (e) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.
   7. (f) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.

   8. (g) Submit to the department a certificate of insurance that meets the following conditions:

      1. 1. The certificate of insurance shall have coverage dates for all of the following types of insurance:

         1. a. General liability insurance with limits of not less than $25,000 for each person and not less than $75,000 for each occurrence.
         2. b. Vehicle liability insurance with minimums not less than the amounts specified under s. 121.53, Stats., if transportation is provided by the center.
         3. c. Vehicle liability insurance for non-owned vehicles with minimums not less than the amounts specified under s. 121.53, Stats., if transportation is provided in vehicles that are not owned by the center and are not public transportation vehicles or chartered vehicles.
      2. 2. The certificate of insurance shall indicate that pets are included in the liability coverage if cats or dogs are permitted in areas of the center accessible to children during the hours of operation.

   9. (h) Develop, submit to the department, and implement written policies consistent with the requirements of this chapter on all of the following subjects:

      1. 1. Fee payments and refunds.

      2. 2. Personnel, including job descriptions, hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next business day when any of the following occurs:

         1. a. The employee has been convicted of a crime.
         2. b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.
         3. c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.
         4. d. When a professional license held by an employee has been denied, revoked, restricted or otherwise limited.
      3. 3. Discharge of enrolled children.
      4. 4. Admission.
      5. 5. Health care. If the center is licensed to care for children under one year of age, the policies shall include procedures to reduce the risk of sudden infant death syndrome.
      6. 6. Education.
      7. 7. Nutrition, including accommodating children with food allergies.
      8. 8. Child guidance, including appropriate ways to manage crying, fussing, or distraught children.
      9. 9. Emergency plans to be followed in the event of a fire, tornado, missing child, or other emergency.
      10. 10. Continuing education for staff.
      11. 11. Orientation of new staff and volunteers.
      12. 12. Transportation, if the center will transport children either on field trips or on a regular schedule. The policy shall include a procedure to ensure that no child is left unattended in a vehicle.
   10. (j) Ensure that all published statements such as brochures and publicity releases are accurate.
   11. (k) Post the child care license near the entrance or in some other conspicuous area of the center that is visible to the public.

   12. (L)

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

          1. a. The current licensing statement of compliance or a 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 regarding 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 posted shall be visible to parents.
   13. (m) 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. (n) Submit to the department by the department’s next business day a completed background check request form if any of the following occurs:

       1. 1. A change in the board president or chairperson.
       2. 2. A corporation or limited liability company designates a new person to be subject to the background check.
       3. 3. A household member turns 18 years of age, unless the household member has previously submitted a background check request form.
       4. 4. A household member turns 10 years of age.

   15. (o) Submit to the department a completed background check request form for each potential household member prior to the date on which the person becomes a household member, unless the person is less than 10 years of age.

       Note: The Background Check Request form is available electronically through the Child Care Provider Portal or at https://dcf.wisconsin.gov/forms. A paper version is available from any regional licensing office listed in Appendix A.

   16. (p) Submit a current delegation of administrative authority signed by the licensee that outlines the organizational structure and designates, in a chain of command form, those persons on the premises in charge of the center for all hours of operation.

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 either the department’s form, Incident Report - Child Care Centers, or the licensee’s own form to report incidents or accidents. The form is available on the department’s website at 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 department’s form, Incident Report - Child Care Centers, or the licensee’s own form to report the death of a child in care. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

   3. (ar) Any injury caused by an animal to a child in care, within 24 hours after 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) A change in the administrator or center director of a child care center, within 30 days after the change.
   6. (d) A change of any program services, including expected temporary closures lasting more than 2 weeks, at least 5 days prior to the change.
   7. (dm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.
   8. (e) Statistical data required by the department on forms provided by the department.

   9. (f) 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 if a plan of correction is required and provide the plan of correction format with the notification.

   10. (g) Any known convictions, pending charges, or other offenses of the licensee, group child care center employees, or other person subject to a child care background check that could potentially relate to the care of children at the center or activities of the center by the department’s next business day.
   11. (h) Any change in room usage, such as changing the way rooms are primarily used by children or 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.
   12. (i) Any incident related to a child who leaves the premises of the center without the knowledge of the 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 occurrence.
   13. (j) Any suspected abuse or neglect of a child by an employee or volunteer that was reported under s. DCF 251.04 (8), including any incident that results in a child being forcefully shaken or thrown against a surface, hard or soft, during the child’s hours of attendance, within 24 hours after the occurrence.
   14. (jm) Any prohibited actions specified in s. DCF 251.07 (2) (e) by an employee or volunteer to a child in care, within 24 hours after the incident.

   15. (k) 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.

   16. (L) 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 251.11 (5) (a) for items that affect a condition of the license.

       Note: Alterations, additions, or changes of use to commercial buildings may require submittal of plans to and approval by the Department of Safety and Professional Services or its agent before commencing construction. It is recommended that an architect or engineer be consulted prior to the beginning of any construction or remodeling to determine whether plans must be submitted.

   17. (m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled at the 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 local health department within 24 hours after the center is notified of the diagnosis.
   18. (n) Any change in meal preparation arrangements, at least 5 calendar days before the change. Centers adding meal preparation after an initial license has been issued shall document compliance with building codes related to kitchens before beginning to prepare meals on the premises.
   19. (o) Any change in transportation services, at least 5 calendar days prior to the change.

4. (4) Parents.

   1. (a) The center administrator shall notify the parents of an enrolled child of all of the following:

      1. 1. The child has been exposed to a confirmed case of a communicable disease reportable under ch. DHS 145 and transmitted through normal contact. Notification shall occur when the information becomes known to the center.

      2. 2. Notification shall be made immediately and shall provide sufficient detail to reasonably 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 subd. 2. c., 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 251.07 (2) (e) and (f).
      3. 3. The child has sustained a minor injury that does not appear to require professional medical evaluation. 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 part of the regularly scheduled program. Notification of the date, time, and destination shall be prior to the field trip.
   2. (b) The center shall permit parents to visit and observe at any time during the center’s hours of operation, unless access is prohibited or restricted by court order.

   3. (c) The center shall offer conferences at least twice each year for parent and staff communication regarding the child’s adjustment to the program and the child’s growth and development.

      Note: When a child care worker or a parent has concerns about a child’s growth or development, a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called Well Badger Resource Center that is available to the public 24 hours a day, 7 days a week. When a call is placed to Well Badger Resource Center at 1-800-642-7837, the caller will learn about early intervention services, as well as other related services in the area.

   4. (d) The center shall notify parents of any religious training that is part of the center’s program. The reference to the religious component shall be included in any publicity and in the education policy.

   5. (e) The center shall provide a summary of this chapter to the parents of each child upon the child’s enrollment.

      Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.

   6. (f) A copy of this chapter shall be posted or available in an area of the center where parents are likely to see it.
   7. (g) A copy of the child care policies of the center shall be made available to the parents in an area of the center accessible to parents. Personnel policies need not be included.

5. (6) Children’s records.

   1. (a) The licensee shall maintain a current written record obtained prior to the child’s first day of attendance or subsequent re-enrollment at the center on each child enrolled and shall make the record available to the licensing representative on request. Each record shall include all of the following:

      1. 1. Enrollment information consisting of:

         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 a 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 a 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 or to accept the child who is dropped off.
         8. h. The child’s first day of attendance at the center.

      2. 2. Written consent from the parent for emergency medical care or treatment.

         Note: The licensee may use either the department’s form, Child Care Enrollment, or the licensee’s own form to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

      3. 4. Authorization from the parent for the child to participate in field trips and other off-premises activities, if these are part of the center’s program.

         Note: The licensee may use either the department’s form, Field Trip or Other Activity Notification/Permission, the department’s form, Child Care Enrollment, or the licensee’s own form for securing parental permission. Forms are available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

      4. 5. Authorization from the parent outlining the plan for a child to come to the center from school, home or other activities or to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or transported by the center.

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

      5. 6. Health history information that includes all 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.

         6. f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the child care worker to watch for, steps a child care worker should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all child care workers 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.

      6. 6m. Documentation that indicates 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 care 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. 7. Specific informed written consent from the parent for each incident of participation by a child in any research or testing project.

         Note: The licensee may use either the department’s form, Informed Consent for Observation or Testing by an Outside Agency — Child Care Centers, or the licensee’s own form for securing the parent’s written consent. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

      8. 8. Documentation of each child’s most recent physical examination in accordance with the following schedule:

         1. a. Each child under 2 years of age shall have an initial health examination not more than 6 months prior to nor more 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 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 older 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 on 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.

   2. (b) The licensee shall maintain a current, accurate written record of the daily attendance and date of birth of each child for the length of time the child is enrolled in the program. The actual time of arrival and departure for each child shall be recorded if hours of arrival and departure vary among children.

      Note: The form, Daily Attendance Record — Child Care, may be used to record a child’s daily attendance. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

   3. (c) If children are transported by the center to or from the child’s home or school, the licensee shall maintain a daily attendance record that includes the actual time the child was picked up or dropped off.

6. (7) Confidentiality. The licensee is responsible for the compliance of child care center employees and volunteers with s. 48.78, Stats., and this subsection. The licensee shall ensure that:

   1. (a) Persons having 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 does not apply to:

      1. 1. The parent or a person authorized in writing by the parent to receive the information.
      2. 2. Any agency assisting in planning for the child when informed written parental consent has been given.
      3. 3. Agencies authorized under s. 48.78, Stats.
   2. (b) A parent, upon request, has access to all records and reports maintained on his or her child.
   3. (c) 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, employee or volunteer at a child care center 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 a local law enforcement agency, as required by s. 48.981, Stats.

   Note: Child care workers are required to report known or suspected child abuse or neglect as specified above. Reporting to the licensee does not lessen this legal duty if the licensee fails to report as specified above. Information related to child abuse or neglect may be obtained from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.

   Note: See s. DCF 251.04 (3) (j) on reporting suspected abuse of a child by a staff member to the department.

History

History: Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: am. (2) (c), (f), (g), (i) and (m), (3) (a), (f) and (g), (5) (a), (6) (a) and 6., (7) (intro), (8) (a), (b) (intro), and 3., cr. (3) (h) to (L), (6) (a) 6m., r. and recr. (5) (a) 2. and 3. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (d), (3) (j), (4) (a) 1., (5) (a) 2. to 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (2) (f), (h) 2., (i) 5., 6., (k), (L), (3) (intro.), (a), (c), (g), (j), (6) (a) 5. and (b), cr. (2) (h) 2. a., b., c., d., (i) 9., (n), (o), (p), (3) (m), (n), (5) (a) 6., 7., 8. and (6) (a) 8., r. and recr. (5) (a) 5. Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (m), (5) (a) 6. and (6) (a) 8. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (5) (a) 4. Register February 2016 No. 722, eff. 3-1-16; correction in (5) (a) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. am. (2) (d), cr. (2) (bm), r. and recr. (2) (g), am. (2) (h) (intro.), cr. (2) (h) 4. to 12., r. (2) (i), r. and recr. (2) (L), (n), (o), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (j), cr. (3) (jm), am. (3) (m), (n), cr. (3) (o), r. and recr. (4) (a) 1. to 4., am. (4) (d), r. (5), (6) (a) 1. i., 3., am. (6) (a) 4., 6m., r. and recr. (6) (a) 8., (c), am. (8) (title), eff. 1-30-19; CR 19-089: am. (2) (d), cr. (2) (bm), r. and recr. (2) (g), am. (2) (h) (intro.), cr. (2) (h) 4. to 12., r. (2) (i), r. and recr. (2) (L), (n), (o), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (j), cr. (3) (jm), am. (3) (m), (n), cr. (3) (o), r. and recr. (4) (a) 1. to 4., am. (4) (d), r. (5), (6) (a) 1. i., 3., am. (6) (a) 4., 6m., r. and recr. (6) (a) 8., (c), am. (8) (title), Register March 2020 No. 771, eff. 4-1-20; correction in (2) (g) 1. (intro.), (n) 4., (3) (b), (j) made under s. 35.17, Stats., and correction in (4) (a) 2. c. made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; CR 20-003: am. (6) (a) 8. d. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: am. (1) (a), (3) (d), cr. (3) (dm), am. (3) (g), (4) (a) 2. (intro.), cr. (4) (a) 2. d., e., am. (4) (c), r. and recr. (6) (a) 6., renum. (8) (a) to (8), r. (8) (b) Register February 2023 No. 806, eff. 3-1-23.