Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF CHILDREN AND FAMILIES
CHAPTER DCF 251 GROUP CHILD CARE CENTERS
Date:
08/31/2009
Document:
DCF 251.07 Program.
(1) PROGRAM PLANNING AND SCHEDULING. (a) Each group child care center shall have a written activities which are suitable for the developmental level of each child and each group of children. The program shall provide each child with experiences which will promote all of the following:
Note: The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help centers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The Standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child's progress. The Standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/ or through the Child Care Information Center at 1-800-362-7353.
1. Self-esteem and positive self-image.
2. Social interaction.
3. Self-expression and communication skills.
4. Creative expression.
5. Large and small muscle development.
6. Intellectual growth.
7. Literacy.
Note: With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (1FSP) or art Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.
(b) The program schedule shall be planned to provide a flexible balance each day of:
1. Active and quiet activities.
2. Individual and group activities.
3. Indoor and if the center is in operation more than 3 hours per day, outdoor activities.
(c) Television may be used only to supplement the daily plan for children. No child may be required to watch television. Other activities shall be available.
(d) Routines such as toileting and eating and intervals between activities shall be planned to avoid keeping children waiting in lines or assembled in large groups.
(e) The program shall provide all of the following:
1. Reasonable regularity in eating, napping and other routines.
2. Daily periods when a variety of experiences are concurrently available for the children to select their own activities.
3. Protection from excess fatigue and over stimulation.
4. If a center is in operation for more than 3 hours per day, daily outdoor activities except during inclement weather or when not advisable for health reasons.
(f) Child care workers shall give children individual attention.
(g) A center that is open in the early morning and late afternoon shall have a written plan for activities which meet the individual needs of the children during those time periods. The plan shall include:
1. Provision of opportunities for the children to rest and eat.
2. Use of materials and engagement in activities which for the most part do not duplicate materials or activities planned for the major part of the program.
(h) The program as implemented shall reflect the center's written policies.
(2) CHILD GUIDANCE. (a) In this subsection:
1. "Time-out period" means removing the child from the situation in a non-humiliating manner and placing the child in a designated location in order to interrupt the child's unacceptable behavior.
2. "Redirection" means directing the child's attention to a different program activity.
(b) Each child care center shall have a written policy which provides for positive guidance, redirection and the setting of clear-cut limits for the children. The policy shall be designed to help a child develop self-control, self-esteem and respect for the rights of others.
(c) If a center uses time-out periods to deal with unacceptable behavior, time-out periods may not exceed 5 minutes and the procedure shall be included in the center's child guidance policy.
(d) Use of time-out periods is prohibited for children under 3 years of age.
(e) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:
1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing or inflicting any other form of corporal punishment.
2. Verbal abuse, threats or derogatory remarks about the child or the child's family.
3. Physical restraint, binding or tying to restrict movement or enclosing in a confined space such as a closet, locked room, box or similar cubicle.
4. Withholding or forcing meals, snacks or naps.
5. Actions that are cruel, aversive, frightening or humiliating to the child.
(f) A child may not be punished for lapses in toilet training.
Note: Inappropriate discipline of a child by a staff member must be reported to the department within 24 hours after the occurrence under s. DCF, 251.04 (3)(j).
(3) EQUIPMENT. (a) Indoor and outdoor play equipment shall be safe. The equipment shall be:
1. Scaled to the developmental level, size and ability of the children.
2. Of sturdy construction with no sharp, rough, loose, protruding, pinching or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.
3. Placed to avoid danger of injury or collision and to permit freedom of action.
4. Placed over an energy-absorbing surface, when equipment is 4 feet or more in height.
(b) A center shall provide equipment and supplies according to the following criteria:
1. Child development shall be fostered through selection of a variety of equipment that will:
a. Provide large muscle development.
b. Provide construction activities and for development of manipulative skills.
c. Encourage social interaction.
d. Provide intellectual stimulation.
e. Encourage creative expression.
2. A center shall provide sufficient indoor play equipment to allow each child a choice of at least 3 activities involving equipment when all children are using equipment.
3. A center shall provide sufficient outdoor play equipment to allow each child at least one activity involving equipment when all children are using equipment.
(c) The quantity of indoor and outdoor play equipment specified in par. (b) 2. and 3. shall be provided based on the maximum licensed capacity of the center.
(d) Equipment and materials which reflect an awareness of cultural and ethnic diversity shall be provided.
Note: Information on selecting play equipment is available from the Child Care Information Center, 1-800-362-7353.
(e) Children using play equipment shall be closely supervised to prevent injuries.
(f) Trampolines and inflatable bounce surfaces on the premises shall not be accessible to children and shall not be used by children in care.
(4) REST PERIODS. (a) A child under 5 years of age in care for more than 4 hours shall have a nap or rest period.
(b) Child care workers shall permit a child who does not sleep after 30 minutes and a child who awakens to get up and to have quiet time through the use of equipment or activities which will not disturb other children.
(c) Each child who has a nap or rest period shall be provided with an individual bed, cot, sleeping bag, 2 inch thick mat, crib or playpen which is placed at least 2 feet from the next sleeping child. Cribs or cots may be placed end-to-end if a solid partition separates children and an aisle not less than 2 feet in width is maintained between cribs and cots.
(d) Each child shall be provided with an individually identified sheet and blanket or sleeping bag which may be used only by that child until it is washed.
(e) Bedding shall be maintained and stored in a clean and sanitary manner, replaced immediately if wet or soiled and washed at least after every 5 uses.
(5) MEALS AND SNACKS. (a) Food. 1. Food shall be provided by the center based on the amount of time children are present as specified in Table 251.07.
TABLE 251.07
Meal and Snack Requirements for each Child in a Group Child Care Center
Number of Meals and
Time a Child is Present Snacks
At least 2 1/2 but less than 4 hours 1 snack
At least 4 but less than 8 hours 1 snack and 1 meal
At least 8 but less than 10 hours 2 snacks and 1 meal
At least 10 or more hours 2 meals and 2 or 3 snacks
2. Center-provided transportation time shall be included in determining the amount of time children are present for the purposes of subd. 1.
3. Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.
4. Each meal and snack served shall meet the U.S. department of agriculture child care food program minimum meal requirements.
Note: See Appendices B and C for information on the U.S. department of agriculture child and adult care food program minimum meal requirements.
5. Menus for meals and snacks provided by the center shall:
a. Be posted in the kitchen and in a conspicuous place accessible to parents.
b. Be planned at least one week in advance, dated and kept on file for 3 months.
c. Be available for review by the department.
d. Include diverse types of foods.
6. Any changes in a menu as planned shall be recorded on the copies of the menu kept on file and posted for parents.
6m. When snacks are provided by parents for all children, a record of the snack served shall be posted in an area accessible to parents.
7. Enough food shall be prepared for each meal so that second portions of vegetables or fruit, bread and milk are available to children.
8. When food for a child is provided by the child's parent, the center shall provide parents with information about requirements for food groups and quantities specified by the U.S. department of agriculture child care food program minimum meal requirements.
Note: See Appendix B and C for information on the U.S. department of agriculture child care food program minimum meal requirements.
9. A special diet, based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written instruction of a child's physician and upon request of the parent.
9m. A special diet based on a food allergy may be served upon the written request of the parent.
10. Cooks, staff members, child care workers and substitutes having direct contact with the children shall be informed about food allergies and other allergies of specific children.
(b) Mealtime. 1. Staff shall sit at the table with the children during mealtime.
2. Meals shall be served with time allowed for socialization.
(6) HEALTH. (a) Observation. 1. Each child upon arrival at a center shall be observed by a staff person for symptoms of illness and injury. For an apparently ill child, the procedure under par. (c) shall be followed.
2. Any injury to a child or evidence of unusual bruises, contusions, lacerations or burns received by a child in or out of center care shall be recorded in a medical log book and reported immediately to the administrator or other person in charge of the center.
(b) Isolation. A center shall have an isolation area for the care of children who appear to be ill. If the area is not a separate room, it shall be separated from space used by other children by a partition. screen or other means.
(c) Ill child procedure. The following procedures shall apply when a child with an illness or condition, such as vomiting or diarrhea, having the potential to affect the health of other persons is observed in the child care center:
1. The child shall be isolated.
2. The child in the isolation area shall be provided with a bed, crib or cot and a sheet and blanket or sleeping bag, with a staff member within sight and hearing of the child, except that for sessions of up to 4 hours a kindergarten mat may be provided for the isolation room instead of a bed, crib or cot. Isolation shall be used until the child can be removed from the center.
3. The child's parent, or a designated responsible person when a parent cannot be reached, shall be contacted as soon as possible after the illness is discovered, and arrangements shall be made for removal of the child from the center.
(d) Care of a mildly ill child. A child who is mildly ill may be cared for at the center when all of the following conditions are met:
1. The space for the care of a mildly ill child shall be a self-contained room and shall be separate from children who are well.
2. The room shall have a sink with hot and cold running water.
3. The. parent consents in writing.
4. The written health policy of the center allows a mildly ill child to remain at the center.
5. The center follows and implements procedures in a written plan for the provision of care to mildly ill children approved and signed by a licensed physician, or a pediatric or family nurse practitioner which covers all of the following:
a. Admissions and exclusions.
b. Staffing.
c. Staff training.
d. Monitoring and evaluation.
e. Programming.
f. Infectious disease control.
g. Emergency procedures.
6. Medical consultation is available from a physician or local health department in establishing policy for the management of mildly ill children.
(e) Communicable disease. 1. A child with a reportable communicable disease specified in ch. DHS 145 may not be admitted to or be permitted to remain in a child care center during the period when the disease is communicable.
2. When it is determined that a person in contact with children or a child enrolled in a child care center has a reportable communicable disease under ch. DHS 145, such as German measles, infectious hepatitis, measles, mumps, or meningitis, the local public health officer, the department and the parents of exposed children shall be notified.
3. An employee, volunteer or a child may be readmitted to the group child care center if there is a statement from a physician that the condition is no longer contagious or if the person has been absent for a period of time equal to the longest usual incubation period for the disease as specified by the department.
Note: The Wisconsin Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. These materials also provide additional guidance on the symptoms of each disease and information on how long an infected child must be excluded from the center. The materials include a communicable disease chart and exclusion guidelines for child care centers. Copies of the communicable disease chart or the exclusion guidelines for child care centers are available from the Child Care Information Center at 800-362-7353.
(f) Medications. 1. Center staff may give prescription or nonprescription medication, such as pain relievers, teething gels or cough syrup, to a child only under the following conditions:
a. A written authorization that includes the child's name and birthdate, name of medication, administration instructions, medication intervals and length of the authorization dated and signed by the parent is on file. Blanket authorizations that exceed the length of time specified on the label are prohibited.
Note: The department's form, Authorization to Administer Medication -- Child Care Centers, is used to obtain the parent's authorization to provide medications. 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.
b. The medication is in the original container and labeled with the child's name and the label includes the dosage and directions for administration.
c. A written record, including type of medication given, dosage, time, date and the name or initials of the person administering the medication, shall be made in the center medical log book on the same day that the medication is administered.
Note: See s. DCF 251.04 (6)(c) on maintaining a center medical log book.
2. Sunscreen and insect repellent may only be applied upon the written authorization of the parent. The authorization shall include the ingredient strength of the sunscreen or repellent. Authorizations shall be reviewed every 6 months and updated as necessary. If sunscreen or insect repellent is provided by the parent, the sunscreen or repellent shall be labeled with the child's name. The recording of the application of sunscreen or insect repellent is not necessary.
3. Medication shall be stored so that it is not accessible to the children.
4. Medication requiring refrigeration shall be kept in the refrigerator in a separate, covered container clearly labeled "medication".
5. All medication for a child in care shall be administered by the center as directed on the label and as authorized by the parent.
6. No medication intended for use by a child in the care of the center may be kept at the center without a current medication administration authorization from the parent.
(g) Health precautions. 1. Bodily secretions such as runny noses, eye drainage and coughed-up matter shall be wiped with a disposable tissue used once and placed in a plastic-lined container. Whoever does the wiping shall wash his or her hands immediately.
2. Bodily secretions on surfaces shall be washed with soap and water and disinfected with a bleach solution of one tablespoon bleach to one quart of water, made fresh daily. Hands shall be washed immediately.
3. Children shall be protected from sunburn with protective clothing, if not protected by sunscreen.
4. Children shall be clothed to assure body warmth and comfort.
(h) Universal precautions. 1. Center staff shall adopt universal precautions when exposed to blood and blood-containing body fluids and injury discharges of all children.
2. All persons exposed to blood or blood-containing body fluids and tissue discharges shall wash their hands immediately with soap and warm running water.
3. Single use disposable gloves shall be worn if there is contact with blood-containing body fluids or tissue discharges. Hands shall be washed with soap and water after removal of gloves. Gloves shall be discarded in plastic bags.
4. For spills of vomitus, urine, feces, blood or other body fluids, center staff shall clean and disinfect the floors, walls, bathrooms, tabletops, toys, kitchen countertops and diaper changing tables.
(i) Personal cleanliness. 1. A child's hands shall be washed with soap and warm running water before meals and snacks and after toileting or diapering. A child's hands and face shall be washed after meals.
2. Persons working with children shall wash their hands with soap and warm running water before handling food, and after assisting with toileting and after wiping bodily secretions from a child with a disposable tissue.
3. Cups, eating utensils, toothbrushes, combs and towels may not be shared and shall be kept in a sanitary condition.
4. Wet or soiled clothing and diapers shall be changed promptly from an available supply of clean clothing.
5. Applicable rules under s. DCF 251.09 (4) shall apply to child care workers when children 2 years of age and older require attention for diapering and toileting.
6. If running water is not immediately available when outdoors or on field trips, soap and water-based wet wipes may be used. When running water becomes available, hands must be washed immediately with soap and running water.
7. Disinfecting hand sanitizers may not replace the use of soap and water when washing hands.
(j) Injuries. 1. Written permission from the parent to call a child's physician or refer the child for medical care in case of injury shall be on file at the center. The center shall contact the parent as soon as possible after an emergency has occurred or, if the injury is minor, when the parent picks up the child.
2. A center shall identify a planned source of emergency medical care, such as a hospital emergency room, clinic or other constantly staffed facility, and shall advise parents about the designated emergency medical facility.
3. A center shall establish and follow written procedures for bringing a child to an emergency medical care facility and for treatment of minor injuries.
4. First aid procedures shall be followed for serious injuries.
5. Each center shall have a supply of bandages, tape, and Band-Aids.
6. Superficial wounds shall be cleaned with soap and water only and protected with a bandaid or bandage.
7. Suspected poisoning shall be treated only after consultation with a poison control center.
8. A daily record of injuries shall be kept in the medical log book.
9. Records of injuries shall be reviewed by the director or designated person with staff every 6 months in order to ensure that all possible preventive measures are being taken. There shall be documentation in the medical log book that reviews have taken place.
Note: See s. DCF 251.04 (6) (c) on maintaining a medical log book.
(k) Health examination and history. 1. Each child under 2 years of age shall have an initial health examination not more than 6 months prior to nor 3 months after being admitted to a center, and a follow-up health examination at least once every 6 months thereafter.
2. Each child 2 years of age and older shall have an initial health examination not more than one year prior to nor later than 3 months after being admitted to the center, and a follow-up health examination at least once every 2 years thereafter. School-age children are not required to have a health exam.
3. The health examination report shall be on a form provided by the department and shall be signed and dated by a physician, physician assistant or HealthCheck provider.
Note: The department's form, Child Health Report - Child Care Centers, is used to record health examination information. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov, or front any regional licensing office in Appendix A.
Note: A HealthCheck provider is a medical professional associated with or employed by an outpatient hospital facility, a health maintenance organization, a visiting nurse association, a clinic operated under a physician's supervision, a local public health agency, a home health agency, a rural health clinic, an Indian health agency or a neighborhood health center.
4. The health examination requirement under subd. 1. or 2. does not apply if the parent of a child requests in writing that the department grant an exemption based upon the parent's adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with the teachings of a bona tide religious sect or denomination.
5. A child's health history on a form prescribed by the department completed by the child's parent shall be on file at the center by the first day of attendance. Information contained on the health history form shall be shared with any child care worker assigned to care for the child.
Note: The department's form, Health History and Emergency Care Plan, is used to record a child's health history. 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.
(L) Immunization. The center shall maintain a record of immunizations for each child to document compliance with s. 252.04, Stats., and ch. DHS 144.
Note: The form, Day Care Immunization Record, may be used to record immunization information. An electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health care provider may be used in place of the Day Care Immunization Record. 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.
(7) PETS AND ANIMALS. (a) Animals shall be maintained in good health and appropriately immunized against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.
Note: Service animals used to assist persons with a disability are not considered pets when they are used as a service animal.
(b) Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.
(c) Licensees shall ensure that parents are aware of the presence of pets and animals in the center. If pets and animals are allowed to roam in areas of the center occupied by children, written acknowledgement from the parents shall be obtained. If pets are added after a child is enrolled, parents shall be notified in writing prior to the pets' addition to the center.
(d) Reptiles, amphibians, turtles, ferrets, poisonous animals, psittacine birds, exotic and wild animals may not be accessible to children.
Note: Psittacine birds are hooked-billed birds of the parrot family that have 2 toes forward and 2 toes backward and include parrots, macaws, grays, lovebirds and cockatoos.
(e) All contact between pets or animals and children shall be under the close supervision of a child care worker who is close enough to remove the child immediately if the pet or animal shows signs of distress or the child shows signs of treating the pet or animal inappropriately.
(f) Pets in classrooms shall be confined in cages while food is being prepared or served in the classroom. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms, and food storage areas. Pet and animal feeding dishes, excluding water dishes, and litter boxes may not be placed in areas accessible to children.
(g) Indoor and outdoor areas accessible to children shall be free of animal excrement.
(h) If dogs or cats are allowed in areas of the center accessible to children, the certificate of insurance required under s. DCF 251.04 (2) (g) shall indicate the number and types of pets covered by the insurance.
(i) Licensees shall ensure that the center is in compliance with all applicable local ordinances regarding the number, types and health status of pets or animals.
(8) MISCELLANEOUS ACTIVITIES. A center which includes in its program watercraft, riflery, archery or horseback riding shall comply with the applicable requirements under s. DCF 252.44 (8), (9) and (11).
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