Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF CHILDREN AND FAMILIES
CHAPTER DCF 202 CHILD CARE CERTIFICATION
Date:
08/31/2009
Document:
DCF 202.08 Standards for family child care and in-home child care.
(1) QUALIFICATIONS OF PROVIDERS. (a) Ability, age and health. 1. A provider shall be physically and emotionally able to provide responsible child care and shall be at least 18 years of age.
2. A provider, household member, volunteer, visitor or parent who has symptoms of illness or of a communicable disease reportable under ch. DHS 145 that may be transmitted through normal contact, or whose behavior or mental or physical condition gives reasonable concern for the safety of the children, may not be in contact with the children in care.
3. Each family and in--home child care operator shall demonstrate that he or she is free from tuberculosis prior to certification and recertification. The agency may accept results of a test administered up to 12 months before the application date.
(b) Training. 1. 'Level I (regular) and Level Il (provisional).' Each certified family and in--home child care operator and all employees and volunteers of a certified family or in--home child care operator who provide care and supervision for children under one year of age shall receive training in the most current medically accepted methods of preventing sudden infant death syndrome before the date on which the child care operator is certified or the employment or volunteer work commences. Except for a volunteer who does no sole supervision of a child, each certified family child care operator, certified in--home child care operator, employee, and volunteer who provides care and supervision for children tinder 5 years of age shall receive department--approved training on shaken baby syndrome and impacted babies and appropriate ways to manage crying or fussing children. The training shall be completed by one of the following methods:
a. Complete the department--approved, in--person training on shaken baby syndrome prevention and impacted babies before the date on which the child care operator is certified or the employment or volunteer work commences.
b. View a department--approved video on shaken baby syndrome prevention and impacted babies before the date on which the child care operator is certified or the employment or volunteer work commences and complete a department--approved, in--person training within 6 months of certification approval or start of employment or volunteer work.
Note: Contact Child Care Resource and Referral at 1/888-713-5437 for further information on these classes.
2. 'Level I (regular).' The following apply to Level 1 (regular) certified family and in-home child care operators:
a. A Level I (regular) certified family and in--home child care operator under s. DCF 202.04 (5) (a) shall have completed at least 2 credits of early childhood training or non--credit department--approved training prior to Level I (regular) certification.
Note: Contact Child Care Resource and Referral at 1-888-713-5437 for further information on classes.
The T.E.A.C.H. Early Childhood(R) WISCONSIN Scholarship Program offers scholarship opportunities to teachers, family child cam providers, center directors and administrators for credit-based training. For further information, contact Wisconsin Early Childhood Association. 744 Williamson Suvet. Suite 200. Madison. WI 53703. Phone: 608-240-9880 or 1-800-783-9322. Fax: 608-240-9890. Website: http://www.wecanaeyc.org.
b. A county or tribal agency may require up to 5 hours of annual continuing education by a Level I (regular) certified provider each year following Level I (regular) certification.
c. Prior to issuing a Level I (regular) certification, the county or tribal agency may require that an applicant graduated from high school, obtained a high school equivalency diploma under s. 115.29 (4), Stats., or obtained a certificate of general education development under s. P1 5.04.
d. A substitute who has worked more than 240 hours for a certified family or in--home child care operator with a Level I (regular) certification shall comply with the training requirements in subd. 2. a. and b.
(c) Reporting changes. A certified family child care operator shall report as soon as possible, but no later than the county or tribal agency's next working day to the agency any changes that affect the certified family child care operator's eligibility for certification under this chapter, including the following:
1. Death of a child in care or accident that results in an injury to a child in care that requires professional medical treatment.
2. Any damage to the premises that may affect compliance with this chapter.
3. Any construction or remodeling of the premises that might have an effect on health and safety of children in care.
4. Convictions, pending charges, or other offenses of the child care operator, household member, or other persons subject to a caregiver background check that could potentially relate to the care of children.
5. Any incident involving law enforcement, including out-standing warrant or child protective services contact.
6. Any inappropriate discipline of a child by a provider, volunteer, or household member, 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.
7. Individuals moving in or out of the household.
8. Changes in hours of operation, phone number, or physical address.
9. Upon the hiring of a new employee or volunteer and before the employment or volunteer work commences.
(d) Substitutes, employees, and volunteers. A substitute, employee, or volunteer for a Level I or II child care operator shall be approved by the county or tribal agency before employment or volunteer work commences. The county or tribal agency shall approve the substitute, employee, or volunteer if the agency has verification that the substitute, employee, or volunteer has met the standards under s. DCF 202.05, regarding the criminal history and child abuse record search, and completed the training on sudden infant death syndrome and shaken baby syndrome and impacted babies required under par. (b) 1.
(c) Administration. A certified family child care operator shall do all of the following:
1. Comply with all local and state laws governing the certified child care program and its operation and ensure that all employees and volunteers comply with these laws.
2. Comply with all requirements in this section.
3. Ensure that all information provided to the county or tribal agency is current and accurate.
4. Permit a child care certification worker to conduct home inspections to monitor compliance with certification standards in this chapter.
(2) THE HOME FOR PROVIDING FAMILY CHILD CARE. A certified child care home and outside play areas shall meet the following requirements:
(a) Exits to the home shall comply with the following:
1. All exits shall be clear of obstruction.
2. Each floor or level used for child care shall have at least 2 exits.
2m. Notwithstanding subd. 2., child care operators who hold a certification under s. 48.651, Stats., on June 1, 2008, are not required to comply with subd. 5. until June 1, 2010.
3. The primary exit shall be a door or a stairway providing unobstructed travel to the outside of the building at street or ground level.
4. If the care is not provided in a basement, the secondary exit shall be one of the following:
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
b. A door or stairway leading to a platform or roof with railings which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above the ground level.
c. A window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash and which has a window opening size of at least 20 inches in width and 24 inches in height.
5. If the care is provided in a basement, the secondary exit shall be one of the following:
a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.
b. A window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash and which has a window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.
(am) The home shall have a working carbon monoxide detector and each floor level shall have a working smoke detector.
(b) All areas used for child care shall have adequate and safe heat, light and ventilation, including all of the following:
1. The inside temperature of the home may not be less than 67 degrees Fahrenheit.
2. If the inside temperature exceeds 80 degrees Fahrenheit, a child care provider shall provide for air circulation with safe fans or other means.
(c) The home shall be free of hazards, including any recalled products. Items that shall be kept inaccessible to the children include, but are not limited to, the following:
1. Medications and drugs.
2. Cleaning supplies, poisons, and insecticides.
3. Guns, ammunition, knives, scissors, and sharp objects.
4. Matches, cigarette lighters and flammable liquids.
5. Plastic bags:
6. Litter and rubbish.
Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at http://datcp.state.wi.us/core/consumer-protection/consumerprotection.jsp or by contacting the United States Consumer Safety Commission at 1-800-638-2772.
(cm) Fire arms and ammunition materials shall be stored in separate, locked areas that are inaccessible to children.
(d) Indoor and outdoor areas used for child care shall include sufficient space for play and for activities that meet the developmental needs of the children in care.
(e) Outdoor play areas shall be free of hazards and shall be fenced or the certified child care operator shall take special measures to ensure the safety of the children, including the following:
1. Concrete and asphalt shall be prohibited under climbing equipment, swings, and slides.
2. In--ground pools, on--ground pools, hot tubs, and large outdoor trampolines may not be used during hours of care and shall be inaccessible to children by use of a permanent baffler or other preventive measure.
3. Wading pools may be used if the water is changed daily and the pool is disinfected daily. In this subdivision, "wading pool" means a shallow pool, capable of being dumped to change water, and used primarily for small children.
(f) Pets that are kept in the home shall be tolerant of children and vaccinated against rabies. The rabies vaccination shall be documented with a current certificate from a veterinarian. Pets that may pose any risk to the children shall be restricted from indoor and outdoor areas used for child care.
(g) The home shall have at least one telephone in working order with a list of emergency numbers posted by each telephone. including numbers for the rescue squad, police, fire station, emergency medical care, and poison control center. The certifying agency may prohibit the use of a cellular phone as a primary phone. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care.
(i) The home shall be clean, uncluttered and free of insects and rodents.
(j) Bathrooms, including toilets, sinks and potty chairs, shall he clean and in good working condition. Items listed in par. (c) may not be stored in a bathroom that is used by children in care.
(k) When a public water supply is not available, the water shall be tested and found to be bacteriologically safe and to have safe nitrate levels by a laboratory certified under 42 CFR 493 (CLIA) prior to initial certification and at least every following 2 years.
(L) Areas, equipment, utensils, and appliances for food preparation, serving and clean--up shall be kept clean, sanitary, and in good working condition.
(m) Children may not share cups, eating utensils, washcloths or towels.
(n) Smoking shall be prohibited in any indoor or outdoor area in which children are present.
(o) If the child care is provided in a rental property, the provider shall obtain permission from his or her landlord to operate a child care business.
(p) The premises may not have any chipping, peeling, or deteriorating paint on exterior or interior surfaces in areas accessible to children.
(3) THE HOME FOR PROVIDING IN-HOME CARE. When a certified child care operator cares for children in the children's own home, the operator shall comply with requirements in sub. (2) (c), (e), (L) and (n), but the operator is not required to comply with requirements in sub. (2) (a), (am), (b), (d), (f), (g). (i), (j), (k), (m), (o), and (p).
(4) CHILD HEALTH CARE. (a) Except as provided under pars. (c) and (d), a certified child care operator shall have a current report of a physical examination on file for each child, including the operator's own children in care, as follows:
1. For a child under 2 years of age, a report of a physical examination conducted not more than 6 months prior to nor later than 3 months after the child is admitted, and a follow--up health examination at least once every 6 months after admission.
2. For a child 2 years of age or older, a report of a physical examination conducted not more than 2 years prior to nor later than 3 months after the child is admitted, and a follow--up health examination at least once every 2 years after admission.
(b) The physical examination report shall be signed and dated by a licensed physician, a physician's assistant or a health check provider.
(c) The requirement under par. (a) does not apply to a child care operator who requests from the county or tribal agency in writing an exemption for a child based upon adherence by the child's parent to religious belief in exclusive use of prayer or spiritual means for healing.
(d) The requirement under par. (a) does not apply to school--age children. Notwithstanding s. DCF 202.02 (19), in this paragraph, "school--age children" means children 5 years of age or older who are enrolled in kindergarten or a higher grade in a public or private school.
(e) The certified child care operator shall have on tile a written record verifying that each child in care has been immunized in accordance with s. 252.04, Stats., and ch. DHS 144.
(f) A child care provider may administer medication to a child only in accordance with written and signed permission from the child's parent.
(g) A child care provider shall wash his or her hands with soap and warm running water after toileting, prior to food preparation, and after diapering children.
(h) A child care provider shall require all children in the provider's care to wash their hands with soap and warm running water before eating and after toileting.
(i) A child care provider shall change a child's diaper on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use.
(j) A child care provider shall clean a child's superficial wound with soap and water only and protect it with a band--aid or band-age.
(k) If a child care operator or a child care provider is aware that a child attending certified child care or a child care operator's own child has a reportable communicable disease under ch. DHS 145 that is transmitted through normal contact, such as chicken pox, German measles, infectious hepatitis, measles, mumps, scarlet fever, or meningitis, the operator or provider shall comply with all of the following requirements:
1. The child care operator or child care provider shall notify the local public health officer and parents of all the enrolled children.
2. A child who has or had a reportable communicable disease under ch. DHS 145 may not be admitted to certified child care unless the child's parents provide a statement from a physician that the child's condition is no longer contagious or the child has been absent for a period of time equal to the longest usual incubation period for the disease as specified by the department of health services.
Note: The Division of Public Health within the Department of Health Services 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. The materials include a communicable disease chart and exclusion guidelines for child care programs. Copies of the communicable disease chart or the exclusion guidelines for child care are available from the Child Care Information Center at 1-800-362-7353.
(5) SUPERVISION. (a) A child care provider may not be engaged in any other activity or occupation during the hours of operation which interferes with the adequate care and supervision of children.
(b) A child care provider shall be awake whenever the children in care are awake.
(c) No individual provider may take care of children for more than 16 hours in any 24--hour period. The 16--hour period includes any combination of care by a provider who is both licensed as a family day care provider and certified as a family day care provider.
(d) The certified child care operator shall ensure that each child has adult supervision at all times.
(e) The certified child care operation shall ensure that no person under 18 years of age is left in sole charge of the children.
(em) The certified child care operator has a designated adult who can provide assistance in the event an unexpected emergency. The emergency back--up child care provider is at least 18 years of age and can provide an acceptable level of child care.
(f) The certified child care operator and any other adult working with children may not consume or be under the influence of alcoholic beverages or any non--prescribed controlled substance specified in ch. 961, Stats., during the hours of operation.
(g) No person in the certified home may consume or be under the influence of alcoholic beverages or any non--prescribed controlled substance specified in ch. 961, Stats., during the hours of operation in the presence of children.
(h) A certified child care operator may not allow any person whom the operator determines to be a threat to the health or safety of the children to have contact with the children in the operator's care.
(i) The certified child care operator shall keep a current written, record of the daily hours of attendance of each child in care, including the actual arrival and departure times for each child. Attendance records shall be kept for at least 3 years.
(j) When the children are playing outside, a child care provider shall be outside with the children and shall provide both sight and sound supervision at all times.
(6) MAXIMUM NUMBER OF CHILDREN. (a) No certified family child care operator may have more than 3 children under 7 years of age who are not related to the child care operator in care at any given time.
(b) No certified family operator may have more than 6 children in care, including children related to the operator, except that:
1. If 3 of the children are under the age of 2, the total number of children may not exceed 5.
2. If 4 of the children are under the age of 2, the total number of children may not exceed 4.
(c) A child care operator's natural, adopted, step, or foster children 7 years of age or older or any child 7 years and older residing in the operator's home are not counted in determining the maximum number of children allowed under par. (b).
(d) The maximum number of children that may be in care is shown in Table 202.08 (6).
(e) When a certified in--home child care operator cares for children in the children's own home, the following apply:
1. The operator is not required to comply with pars. (a) and (b).
2. The operator may not care for any children who do not reside in the home.
Table 202.08 (6)
MAXIMUM NUMBER OF CHILDREN IN CERTIFIED CHILD CARE
Related or
Operator's Non-related
Own Children Children Maximum
Under 7 years Under 7 years Additional Children Number of
of Age of age Ages 7 and older Children *
0 3 6
1 3 Additional children ages 6
2 3 7 through 12 (if special 6
needs up to 19) may be
3 3 cared for as long as the 6
maximum total number
4 2 of children is not 6
5 1 exceeded 6
6 0 6
WHEN CHILDREN UNDER THE AGE OF 2 YEARS ARE PRESENT
Number of Children Under
2 Years of Age Maximum Number of Children *
0 6
1 6
2 6
3 5
4 4
* The maximum number does not include the certified child care operator's natural, adopted, step or foster children 7 years of age and older or any children 7 and older who live in the residence.
Note: Under s. 48.65 (1), Stats., if a provider takes care of 4 or mote children under the age of 7 who are not related to the provider, for compensation, the provider must obtain from the department a license to operate a child care center.
(7) PROVIDER INTERACTIONS WITH CHILDREN. A child care provider shall interact with the children in a caring and positive manner and:
(a) Shall protect children in care from danger and be aware of where each child is at all times.
(b) May not hit, spank, pinch, shake, slap, throw, or inflict any other form of corporal punishment on the child, or use any discipline that is frightening to the child, including binding or trying to restrict the child's movement or enclosing the child in a confined space such as a closet, basement, locked room, box, or similar cubicle.
(c) May not verbally abuse or threaten a child or make derogatory remarks about the child or the child's family.
(d) Shall provide positive guidance and redirection for the children and set clear limits for the children.
(e) Shall help each child develop self--control, self--esteem, and respect for the rights of others.
(f) May not use time--out periods that exceed 5 minutes. For purposes of this paragraph, a "time--out" is an interruption of unacceptable behavior by the removal of the child from the situation.
(g) May not punish a child for lapses in toilet training.
(h) Shall respond promptly to a crying infant or toddler's needs.
(i) Shall provide physical contact and attention to each infant and toddler throughout the day, including holding, rocking, talking to, singing to, and taking on walks inside and outside the home.
(j) Shall periodically change the position and location in the room of a non--walking child who is awake.
(8) ACTIVITIES AND EQUIPMENT. (a) A child care provider shall plan activities so that each child may be or do all the following:
1. Be successful and feel good about himself or herself.
2. Use and develop language.
3. Use large and small muscles.
4. Learn new ideas and skills.
5. Participate in imaginative play.
(b) A child care provider shall offer daily activities according to the age and developmental level of the children in care and shall include a flexible balance of all the following:
1. Daily indoor and outdoor activities, except that outdoor activities are not required during inclement weather or when not advisable for health reasons.
2. Active and quiet play.
3. Protection from excess fatigue and overstimulation.
4. Individual and group activities.
5. At least 15 minutes reading to the children daily.
6. Opportunities for a non-walking child who can creep or crawl to move freely in a safe, clean, open, warm, and uncluttered area each day.
(c) A child care provider may use television only to supplement daily activities for children. No child may be required to watch television.
Note: For further information, see the Wisconsin Model Early Learning Standards. These voluntary standards are designed to help child care providers 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.
(8m) EQUIPMENT. (a) Safe indoor and outdoor play equipment shall be provided as follows:
1. Equipment shall be scaled to the size and developmental level of the children in care.
2. Equipment shall be constructed in a sturdy manner and be in good operating condition with no sharp, rough, loose, or pointed edges.
3. Large, inflatable jumping toys may not be used during hours of child care.
(b) Various types of play equipment shall be provided to allow for large and small muscle activity, dramatic play, and intellectual stimulation.
(c) Indoor play equipment shall be provided to allow each child a choice of at least 3 activities involving equipment when all children are using equipment.
(d) Outdoor play equipment shall be provided to allow each child at least one activity when all children are using equipment at the same time.
(9) TRANSPORTATION. When transporting children the certified child care operator shall ensure that:
(a) The driver of the vehicle holds a valid driver's license. The certified child care operator shall have a copy of the driver's license on file.
Note: Information on an individual's driving record is available by calling the Division of Motor Vehicles at (608) 261-2566 or through the website http://www.dot.wisconsin.gov/drivers/drivers/points/abstract.htm.
(b) The vehicle is registered in Wisconsin.
(c) Each child is seated and properly restrained in an individual seat belt or, for a child under 8 years of age, a child safety restraint system, in compliance with s. 347.48 (2m) and (4), Stats., as follows:
1. If the child is less than one year old or weighs less than 20 pounds, the child shall be properly restrained in a rear--facing individual child care safety seat.
2. Subject to subd. 1., if the child is at least 1 year old and weighs at least 20 pounds but less than 4 years old or weighs less than 40 pounds, the child shall be properly restrained in a forward--facing individual child car safety seat.
3. If the child is at least 4 years old but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and is not more than 57 inches in height, the child shall be properly restrained in a shoulder--positioning child booster seat.
4. Children under age 13 years may not ride in the front seat of a vehicle.
(d) A written transportation permission slip signed by a parent or guardian is on file.
(e) Children are not left unattended in a vehicle.
(10) MEALS AND SNACKS. The certified child care operator shall ensure that each child receives proper nourishment while in child care as follows:
(a) Each child shall be served one meal or snack at least once every 3 hours.
(b) Each child in attendance for 4 or more hours shall be served a noon or evening meal which consists of a protein food, fruit and vegetable, a cereal or bread product and pasteurized grade A vitamin D milk.
(c) Each infant who is unable to hold his or her own bottle shall be held for bottle feeding. Bottles may not be propped.
(11) REST. The certified child care operator shall ensure that each child has a clean, comfortable and safe place to rest as follows:
(a) Each child shall be allowed to have undisturbed rest or a nap, when needed, in a place that is clean, safe and comfortable.
(b) Each child shall have a personal clean sheet or blanket or both and pillowcase if a pillow is used.
(c) To reduce the risk of sudden infant death syndrome, each infant shall be placed to sleep on his or her back, unless otherwise directed by the child's physician. All sleeping arrangements for children under one year of age shall use firm mattresses and may not use soft bedding materials, such as comforters, pillows, fluffy blankets, or stuffed toys.
(d) A safe crib or playpen shall be available for each child under one year of age to use for napping.
(12) PROVIDER AND PARENT COMMUNICATION. The certified child care operator shall be in ongoing communication with a child's parent or ensure that a substitute child care provider is in ongoing communication with a child's parent by doing all of the following:
(a) Allowing parents to visit and observe the program of child care during any hours that care is being provided.
(b) Talking to each child's parent at least once a week about his or her child's development, activities, likes and dislikes.
(c) Developing a written contract that specifies the charge for child care and the expected frequency of payment for the service. A contract for each enrolled child shall be signed by the certified child care operator and a parent or guardian.
(d) Making a copy of the applicable certification standards available to each parent.
(e) Displaying a copy of the certificate in an area easily seen by parents and visitors.
(f) Using an enrollment form that includes:
1. The parents' home and work phone numbers.
2. The parents' signed consent for emergency medical care.
3. A name and number to call if the child requires emergency medical care.
(g) Using information obtained on the department--provided "child care intake for child under 2 years" form, which collects essential information for infants and toddlers, to individualize the program of care for each child under 2 years of age.
(h) Informing a child's parent of any disciplinary action taken or any injury to the child that occurred during child care hours.
(i) Informing the parent in writing whether the premises are covered by a child care liability insurance policy.
(j) Notifying a parent if his or her child has been exposed to a diagnosed or suspected communicable disease reportable under ch. DHS 145 and transmitted through normal contact if the child care operator or child care provider is aware of the exposure.
(13) DISCRIMINATION PROHIBITED. The certified child care operator shall not discriminate on the basis of race, color, sex, sexual orientation, creed, handicap, or national origin or ancestry in accepting children or in the employment of employees.
(14) MANDATORY CHILD ABUSE REPORTING. A provider who has reasonable cause to suspect that a child in his or her day care has been abused or neglected or that the child has been threatened with abuse or neglect and that abuse or neglect will occur shall immediately inform the county social or human services department, local law enforcement, or other organization designated in s. 48.981, Stats.
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