Chapter DCF 250
Licensing Rules for Family Child Care Centers With Commentary

Register March No. 843A4

Licensing rules effective August 1, 2026.

Section 48.65, Stats., requires that persons operating child care centers which provide care and supervision for 4 or more children under age 7 years for less than 24 hours a day be licensed. The statutes also require the Department of Children and Families to establish rules that must be met in order to qualify for a license and which protect and promote the health, safety and welfare of the children in the care of the child care center.

Chapter DCF 250 is the rule governing Family Child Care Centers, which provide care and supervision to between 4 and 12 children under age 7 years for less than 24 hours a day. There are also other rules governing the out-of-home care of children. DCF 251 is the rule for Group Child Care Centers where care and supervision is provided for 13 or more children under age 7. DCF 252 is the rule for day camps which are licensed child care centers that provide an experience in a seasonal program oriented to the outdoors for periods of less than 24 hours a day.

Licensing rules should not be confused with certification for public funding of child care providers who care for between 1 and 3 children under age 7.

The fact that a child care center is licensed in no way diminishes the responsibility of parents for vigilance in ensuring that their children are receiving care that protects their physical well-being and encourages healthy intellectual and emotional development.

Whenever the rules in this chapter indicate that materials such as an application for licensure, a request for exception to a specific rule, or a complaint about a center are to be sent to or requested from the department, please refer to Appendix A which identifies the appropriate regional licensing office serving the county or tribe in which the center is located.

There is a header on each page that contains the rule cite for the section of the rule beginning on that page. A table of contents and an index are also included in this document, as are appendices that contain key statutes related to the child care rules, a copy of DCF 13 (administrative rules governing child care background checks), a list of items needed for a family child care center, and other appendices referenced in the rule.

This publication may be duplicated. It is available from the department’s licensing rules webpage.

DCF 250.01 Authority and Purpose

This chapter is promulgated under the authority of s. 48.67, Stats., to carry out licensing requirements under s. 48.65, Stats., for family child care centers. The purpose of the chapter is to protect the health, safety and welfare of children being cared for in family child care centers.

DCF 250.02 Applicability

(1) Included and excluded care arrangements.

This chapter applies to all family child care centers, but does not include any of the following:
Note: Section 48.65 (2), Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons employed to come to the home of the child’s parent to provide care for less than 24 hours per day; and counties, cities, villages, towns, school districts, and libraries that provide programs for children primarily intended for social or recreational purposes from the requirement for a license. As specified under s. 49.155 (4), Stats., or s. DCF 201.04 (1), programs, other than those operated by public schools, are required to be licensed by the department or certified by a county agency in order to be eligible to receive a child care subsidy.

(a) Care and supervision of children in a program that operates no more than 4 hours a week.

DCF 250.02(1)(a) Commentary: Centers occasionally offering after-hours care / activities for children on the premises of a licensed center (such as parent date nights, shopping, etc.) may do so provided that the parents are notified in writing that the center is not licensed during that time period. If the center wishes to operate during this time as a licensed facility, an exception must be requested. Note: Centers should also check with their insurance company to ensure coverage during this time.

(b) Group lessons to develop a talent or skill, such as dance or music, social group meetings and activities and group athletic activities.

(c) Care and supervision while the parents are on the premises and are engaged in shopping, recreation or other non-work activities.

DCF 250.02(1)(c) Commentary: An organization may use the premises of a licensed child care center for occasional care for conferences or other activities when the center is not in operation. An example of this usage would be occasional weekends or evenings. An exception is not required.

(d) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible school and holiday child care programs.

(e) Care and supervision in emergency situations.

DCF 250.02(1)(e) Commentary: “Emergency situation” means a scenario where there is an unforeseen circumstance that poses a significant risk or threat to the safety or wellbeing of individuals involved that requires immediate attention. Examples can include but are not limited to severe weather, national emergency, natural disasters, and security threats.

(f) Care and supervision while the parent is employed on the premises if the parent’s child receives care and supervision for no more than 3 hours a day.

(g) Care and supervision provided at the site to the child of a recipient of temporary assistance to needy families, or Wisconsin works, who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling.

(2) Exception to the requirement.

The department may grant an exception to a requirement of this chapter when a family child care center demonstrates to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the pertinent provision in this chapter.

DCF 250.02(2) Commentary: The Exception Request form is the preferred format for the request. A request in the form of correspondence will be accepted as an alternative. The exception request must include the rule number for which the exception is being requested; a signature of the licensee or the person previously delegated in writing by the licensee to have the authority to sign official documents or correspondence; and the alternative plan to meet the intent of the rule.

The exception to the rule may not be implemented until the exception request has been approved by the department.

Failure to comply with the conditions of the exception could result in withdrawal of the exception and/or initiation of other enforcement actions, such as forfeiture or revocation of the license.

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

DCF 250.03 Definitions

In this chapter:

(1g) “Abusive head trauma” means a serious type of head injury, including shaken baby syndrome, that is caused by shaking, throwing, hitting, slamming, or jerking.

(1k) “Administrative authority” means a licensee’s decision-making power regarding the family child care center.

(1n) “Assistant provider” means a provider who works under the supervision of a lead provider.

(1r) “Background check request form” means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13.
Note: Individuals may use the form DCF-F-5296, Background Check Request for obtaining the information.

(2) “Care” means providing for the safety and the developmental needs of a child in a family child care center.

(3) “Center-provided transportation” means transportation in a vehicle owned by or contracted for the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.

DCF 250.03(3) Commentary: Transportation provided by rideshare companies, such as Uber or Lyft, is contracted transportation and therefore is considered to be center-provided transportation.

(3m) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

(4) “Complaint” means an allegation of violation of this chapter or ch. 48, Stats.

(4m) “Crib” means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.

(5) “Department” means the Wisconsin department of children and families.

(5m) “Early childhood education” means the teaching of children who are 8 years of age or less.

(6) “Emergency” means unforeseen circumstances that require immediate attention.

(7) “Emergency back-up provider” means a designated adult available within 5 minutes of the premises who can provide assistance in the event an emergency occurs that requires a lead provider to leave the premises occasionally for a short period of time.

(8) “Employee” means any person who is compensated to provide care and supervision of children enrolled in a family child care center.

(8m) “EPSDT provider” means a provider of health assessment and evaluation services that is eligible to be certified under s. DHS 105.37 (1) (a).

DCF 250.03(8m) Commentary

DHS 105.37 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) providers. (1) EPSDT Health Assessment and Evaluation Services. (a) Eligible providers. The following providers are eligible for certification as providers of EPSDT health assessment and evaluation services:

Physicians
Outpatient hospital facilities
Health maintenance organizations
Visiting nurse associations
Clinics operated under a physician’s supervision
Local public health agencies
Home health agencies
Rural health clinics
Native American health agencies
Neighborhood health centers

See DCF 250.03(24) – DEFINITION – PHYSICIAN.

(9) “Family child care center” or “center” means a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 12 children who are not related to the provider.

DCF 250.03(9) Commentary: See Wis. Stats. 48.65.

Centers may be licensed for 24-hour care with one provider providing care for 16 hours or less in a 24-hour period. See DCF 250.055 (1) (c) – PROVIDER – 16 HOUR CARE LIMIT and DCF 250.055(1)(d) – CHILD – 14 HOUR CARE LIMIT.

(10) “Field trip” means any experience a child has away from the premises of the center while in the care of center staff, whether a child walks or is transported.

(11) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

(a) Abuse of alcohol or drugs.

(b) A history of a civil or criminal conviction or administrative rule violation that is substantially related to the care of children, as determined under s. DCF 13.05.

(d) A history of civil or criminal offenses or any other action that demonstrates an inability to manage the activities of a center.

(12) “Foster care” means care and maintenance provided to a child in a foster home pursuant to a court order or voluntary placement agreement.

(13) “Foster home” means any facility operated by a person licensed under s. 48.62 (1), Stats.

(13m) “Hazard” means a potential source of harm that can jeopardize the health, safety or well-being of a child in care.

(14) “Hours of operation” means the hours within the terms of the license during which children are actually in the care of the center.

(14m) “Household member” means any person who resides, or is expected to reside, at the family child care center and who has or may have direct contact with a child in the care of the center, whether or not related to the licensee.

DCF 250.03(14m) Commentary: Reside means to be present at a child care program for more than an aggregate of 14 calendar days within a 90-day period. “Reside” does not include incidental presence that does not afford unrestricted access to the premises or to children in care. See s. DCF 13.02 (18).

(15) “Inclement weather” means stormy or severe weather such as any of the following:

(a) Heavy rain.

(b) Temperatures above 90 degrees Fahrenheit.

DCF 250.03(15)(b) Commentary: The heat index (HI) combines air temperature and relative humidity in an attempt to determine the human-perceived equivalent temperature — how hot it feels — termed the felt air temperature.

NOAA's National Weather Service Heat Index

(d) Wind chills of 20 degrees Fahrenheit or below for children under the age of 18 months.

DCF 250.03(15)(d) Commentary: Centers should monitor outdoor conditions for their current physical location. This includes weather, air quality, and any regional conditional notices. The Department of Natural Resources website includes an air quality data map designed to help residents stay informed about air quality conditions in real time.

(16) “Infant” means a child under one year of age.

(17) “In care” means the center is providing supervision, either on or off the premises, including during center-provided transportation, for the safety and the developmental needs of the child or children.

(17g) “Lead provider” means a provider who meets the requirements specified in s. DCF 150.05 (3) (b).

(17m) “Licensed hours” means the authorized hours specified on the license certificate and letter of transmittal within which the center may provide care.

(18) “Licensee” means the individual that has the legal and fiscal responsibility for the operation of a center and for meeting the requirements of this chapter.

(19) “Licensing representative” means a department employee responsible for licensing family child care centers.

DCF 250.03(19) Commentary: A person monitoring a family child care center for purposes of department initiatives (such as child care subsidy) is also considered a licensing representative.

(21) “Night care” means any care that is offered by a licensed family child care center between 10:00 p.m. and 5:00 a.m.

(21m) “Numerical weight” means a number based on a child’s age and is used to calculate the number of providers needed and the allowable group size for mixed-age groups of children.

(22) “Parent” means either “parent” as defined in s. 48.02 (13), Stats., or “guardian” as defined in s. 48.02 (8), Stats.

(23) “Physical restraint” means the use of physical force to restrict the free movement of all or a portion of a child’s body.

(26) “Premises’’ means the tract of land on which the center is located, including all buildings and structures on that land.

(26m) “Program aide” means a person who works under the supervision of a provider and assists with daily activities and maintenance of the program, such as preparing and participating in program activities and cleaning the premises.

DCF 250.03(26m) Commentary: See DCF 250.05(3)(GM) – PROGRAM AIDE – QUALIFICATIONS.

(27) “Provider” has the meaning given in s. 48.67 (1b), Stats., and includes a lead provider or an assistant provider.

(28) “Provider’s own children” means a provider’s natural or adopted children, foster children, stepchildren, or other children who reside in the family child care center.

(29) “Representative of the department” means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.

(30) “School-age child” means a child 5 years of age or older who is enrolled in a public or private school.

(30m) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.

DCF 250.03(30m) Commentary: See DCF 250.03(1G) – DEFINITION – ABUSIVE HEAD TRAUMA.

(31) “Sleeping bag” means a padded fabric bag that is closed or capable of being closed on 3 sides.

(32) “Substitute” means a provider who replaces another provider on a pre-arranged basis.

DCF 250.03(32) Commentary: Individuals who are hired as float staff are not considered substitutes as float staff are regularly scheduled staff.

(33) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene and a review of the clinical history.

(34) “Supervision” means guidance of the behavior and activities of children while awake and asleep for their health, safety and well-being by a provider who is within sight or sound of the children except as specified in ss. DCF 250.055 (1) (m) and (n), 250.07 (7) (e), and 250.09 (1) (c) 4g.

(35) “Toddler” means a child at least one year of age but less than 2 years of age.

(36) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service’s centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.
Note: “Standard precautions” for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA website. Information is also available from the Child Care Information Center, 1-800-362-7353.

(37) “Volunteer” means a person who is not paid, but who agrees to give time, with or without reimbursement for expenses, to transport children attending a family child care center or to work in a family child care center.

(38) “Wading pool” means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water and used primarily for small children.

DCF 250.04 Operational Requirements

(1) Terms of license

DCF 250.04(1) Commentary: See DCF 250.11(6) – AMENDING A LICENSE for instruction on how to submit a license amendment request to the department.

(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.

(b) The age of children served by a center may not be younger or older than the age range specified in the license issued.

DCF 250.04(1)(b) Commentary: A license may be granted for the care of children through age 17. If a provider wishes to care for a child above or below the specified age on the license, an exception should be requested or the license should be amended. For example, if a provider who is licensed up to age 12 wishes to care for one child age 14, the exception or amendment must be approved by the center’s assigned Licensing Specialist prior to caring for a child above or below the ages specified on the license.

If a provider is licensed to care for children aged 2 and above and has their own child under age 2, an exception to the age range of the license may be granted with the condition that all the licensing rules for children under age 2 apply except for the requirement for I/T training. See commentary under DCF 250.05(1)(b)6. – PROVIDER TRAINING WITHIN 6 MONTHS CARING FOR INFANTS & TODDLERS.

DCF 250.04(1)(c) Commentary: See DCF 250.03(14) – DEFINITION – HOURS OF OPERATION.

See DCF 250.03(17) – DEFINITION – LICENSED HOURS.

(2) Administration.

(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.

DCF 250.04(2)(a) Commentary: WISCONSIN SHARES COMPLIANCE: This rule requires centers to comply with the subsidy requirements found in Ch. 49, Wis. Stats., and DCF 201.

DISCRIMINATION: The DCF Equal Opportunity Office investigates all discrimination complaints that are submitted to DCF by its clients and customers that are based on practices prohibited by relevant state and federal civil rights laws. Contact the DCF Equal Opportunity Office at 608-422-6889 or the US Department of Health and Human Services, Office for Civil Rights 800-368-1019 (voice) or 800-537-7697 (TDD) or see the ADA website to file a complaint.

(b) Comply with all requirements in this chapter.

(bm) Comply with all conditions placed on the license.

(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.

DCF 250.04(2)(cm) Commentary: See DCF 250.11(3) – INITIAL APPLICATION FOR PROBATIONARY LICENSES. In circumstances where the Governor’s Council on Migrant Labor operates licensed programs in Wisconsin on a seasonal basis, the person representing the Governor’s Council on Migrant Labor may be considered to be a Wisconsin resident during the period of time that program operates in WI. The Wisconsin residence address must be provided.

(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.

(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:

DCF 250.04(2)(e) Commentary: The department has developed a Policy Sample – Family Child Care Centers that is available at Department of Children and Families - Forms Search. A completed Policy Checklist – Family Child Care Centers must be sent to the department at the time the policies are submitted. The policy checklist is available at Department of Children and Families - Forms Search on the department's website.

Centers should periodically review their existing policies and procedures to determine whether they conflict with the licensing rules or to determine whether any changes are required to reflect current procedure. Any conflicts must be resolved.

Copies of policy changes must be submitted to the department at the time the policy is changed. Licensees are reminded at continuation that if they have not previously submitted policy changes, they should do so with the continuation materials. The Policy Checklist – Family Child Care Centers must be sent to the department at the time the policies are submitted.

It is recommended that policy revisions be dated.

1. Enrollment and discharge of enrolled children.

DCF 250.04(2)(e)1 Commentary: DISCRIMINATION: The DCF Equal Opportunity Office investigates all discrimination complaints that are submitted to DCF by its clients and customers that are based on practices prohibited by relevant state and federal civil rights laws. Contact the DCF Equal Opportunity Office at 608-422-6889 or the US Department of Health and Human Services Office for Civil Rights at 1-800-368-1019 (voice) or 1-800-537-7697 (TDD) or see the ADA website to file a complaint.

See Appendix D Resources List, Together Children Grow – Quality Child Care for Children with Special Needs.

2. Fee payment and refunds.

DCF 250.04(2)(e)2 Commentary: It is recommended that centers utilize a contract that includes the requirements for payment of fees.

Per DCF 201.038 (5) (a), a provider must have a written payment agreement with each parent that receives Wisconsin Shares Child Care Subsidy.

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. 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. Nutrition.

6. Daily activities of the children.

7. Child guidance, including appropriate ways to manage crying, fussing or distraught children.

DCF 250.04(2)(e)7 Commentary: See Appendix D, Resources List, Managing Crying, Fussing or Distraught Children.

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.

DCF 250.04(2)(e)8 Commentary

See DCF 250.03(3) – DEFINITION – CENTER-PROVIDED TRANSPORTATION.

Examples of non-owned vehicle transportation are:

Children transported in personal vehicle of employee for field trip, portal-to-portal, or for emergency situations.
Children transported in personal vehicles of parents or other persons for field trips.
Children transported in vehicles donated by other agencies, but not owned by the center, such as churches, community groups, or the Red Cross.

9. Religious instruction or practices, if any.

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.

(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.

(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.

DCF 250.04(2)(g) Commentary: Proof of liability insurance on the child care business includes the number of children covered and the effective dates of coverage. Amounts of coverage need not be included. A declaration page, endorsement page, or a certificate of insurance are all acceptable documentation to verify proof of insurance. An e-mail or written correspondence from the insurance agent is acceptable if it includes the number of children covered and the effective dates of coverage. If dogs and cats are not accessible to children, insurance is not required.

An ACORD certificate of insurance is a document summarizing key information about your business insurance policy. The document can be used to prove that the business has general liability insurance coverage and is typically provided by your insurance company. You can request a certificate of general liability insurance from your insurance company.

In cases where a homeowner’s policy does not cover a business operation such as child care, or will not cover the presence of cats or dogs in a child care setting, a separate liability policy may be needed.

(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.

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

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

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.

b. Any notice from the department related to rule violations, such as a warning letter or enforcement action.

c. Any stipulations, conditions, temporary closures, exceptions, or exemptions that affect the license.

2. All items posted as required under this paragraph shall be visible to parents.

(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.

(k) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.

(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.

DCF 250.04(2)(L) Commentary: Per s. 48.686(2)(ab), Wis. Stats., each child care program shall submit a request to the department for a caregiver background check prior to the date on which the individual becomes a caregiver or household member.

Per s. 48.686(4m)(c), individuals may not begin working or residing at the child care center until they receive preliminary eligibility. New employees or new household members may begin working or residing at a family child care center with preliminary eligibility results, but they must be under supervision of someone with final eligibility until the new employee or household member receives final eligibility.

Licensees are reminded to promptly remove individuals from their facility’s profile in CCPP when an individual no longer resides at or is no longer employed by the center. Failure to do so may result in the facility being charged for subsequent automated child care background checks being conducted on inactive individuals.
Licensees are reminded to promptly submit a new request to the department for a caregiver background check in the event of a name change. Individuals should include any alias they have used in the past on the request form.

(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 Child Care Background Check Requirements, through the Child Care Provider Portal (CCPP), or from any regional licensing office in Appendix A.

(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:

(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 to collect this information.

DCF 250.04(3)(a) Commentary: A “professional medical evaluation” is defined as a medical assessment by a medical professional acting within their licensed capacity, such as a physician, physician’s assistant, nurse, Emergency Medical Services (EMTs, paramedics, etc.), and dentist, regardless of the outcome of the evaluation.

The Incident Report Form – Regulated Child Care is the preferred format for the report; however, other forms will be accepted as alternatives. It is recommended that a center include information on the details of what happened to cause the injury when making the written report. Examples of details that should be included in this report are: date and time, the child’s name and date of birth, the parent’s information, a detailed description of what caused the injury, any witnesses, and what action was taken by the provider at the time of the incident or accident.

(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 to collect this information.

(ar) Any injury caused by an animal to a child in care, within 24 hours of the incident.

DCF 250.04(3)(ar) Commentary: If an animal bites a child, whether the animal is owned by the center or not, the parent shall be notified and procedures for treatment of an injury shall be followed. It is recommended a veterinarian be contacted by center personnel to determine a course of action in the diagnosis of possible rabies in the animal. It is also recommended parents be notified of any action taken by the veterinarian, as well as the name, address, and telephone number of the veterinarian who was consulted.

(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.

DCF 250.04(3)(b) Commentary: Damage to any space on the premises that might affect the use of child care space must be reported.

(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.

DCF 250.04(3)(c) Commentary: The addition or removal of playground structures is considered remodeling or construction that must be reported.

See commentary under DCF 250.06 (2) (k). Homes which were built prior to 1980 may contain lead-based paint. The licensee should check with the local city or county health department for the proper procedure to eliminate lead.

(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.

(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.

(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.

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

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. Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.

(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.

(i) Any suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub. (8) (a), 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.

(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.

(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.

DCF 250.04(3)(j) Commentary: A change in transportation services includes providing or contracting transportation services for field trips.

(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.

(L) Temporary closings lasting more than 2 weeks, at least 5 calendar days before the closing.

(Lm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.

DCF 250.04(3)(Lm) Commentary: If a Licensing Specialist is unable to complete an on-site visit two times in a row, a Warning Letter will be issued. It is best practice to keep all expected and unexpected closures up-to-date in the Child Care Provider Portal (CCPP) to avoid unnecessary enforcement action.

(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.

DCF 250.04(3)(m) Commentary: See DCF 250.04 (4) (c) 1. – PARENT NOTIFICATION – COMMUNICABLE DISEASE. See Appendix D Resource List, Communicable Diseases Chart, which identifies the diseases that must be reported to the local public health department. The Department of Health Services’ website also contains the current list of reportable diseases.

COVID-19 is considered a communicable disease. If there is a case of COVID-19 in the center that is associated with a hospitalization or a pediatric death, providers must follow all reporting requirements.

Names of children with communicable diseases may not be shared with other families. There are penalties for disclosure of HIV antibody test results without consent. See s. 146.025, Wis. Stats. A person’s HIV status is confidential and may not be shared with others.

The center must work with the health department to ensure that all necessary measures are taken to protect the children in care.

(4) Parents

(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.

DCF 250.04(4)(a) Commentary: The provider may lock the door for security.

When access is prohibited or restricted by court order, permission to call for the child is also affected. To prohibit or restrict access, the center must have a copy of the court order on file at the center. It is recommended that the policies should include notification to parents that they are permitted to visit and observe during hours of operation. Refer also to DCF 250.04 (7) (b) 2. ACCESS TO RECORDS & REPORTS – PARENTS.

(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.

DCF 250.04(4)(b) Commentary: The brochure titled “Your Guide to Regulated Child Care” is the summary referenced in this rule. It is available on Department of Children and Families website.

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).

DCF 250.04(4)(c)1 Commentary: See DCF 250.04 (3) (m) – REPORT – COMMUNICABLE DISEASE and DCF 250.07(6)(A)1. CONTACT WITH PERSON – ILLNESS OR COMMUNICABLE DISEASE. See Appendix D Resource List: Communicable Diseases Chart. The Department of Health Services’ website also contains the current list of reportable diseases.

Names of children with communicable diseases may not be shared with other families.

Examples of those diseases not transmitted through normal contact are HIV/AIDS, Hepatitis B and C, and sexually transmitted diseases or infections.

Contact the local health department for further information.

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 through the Department of Health Services.

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

a. The child becomes ill.

b. The child needs professional evaluation of an injury.

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.

DCF 250.04(4)(c)2.c. Commentary: Incorrect medication includes the wrong type of medication, the wrong dose of medication, and medication not given at the correct time.

d. The child’s whereabouts are unknown to the assigned provider.

DCF 250.04(4)(c)2.d. Commentary: “Assigned provider” means an individual who is responsible for supervising and responding to the safety and developmental needs of a child while they are in care of the child care center.

e. The child was subject to child guidance that is prohibited under s. DCF 250.07 (2) (c) and (d).

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. 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.

DCF 250.04(4)(c)4 Commentary

The options for meeting this rule are:

The Field Trip or Other Activity Notification/Permission – Child Care Centers form or a similar center-created form that will be used for each child on each field trip.

OR
A blanket permission form, such as the Child Care Enrollment form used to meet the requirement under DCF 250.04(6)(a), signed by parents that covers all field trips involving use of a vehicle; and notification to parents of the date, time, and destination of the field trip for each child prior to each trip.

(6) Children’s records

(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:

DCF 250.04(6)(a) Commentary: A child care center must have all required information on children enrolled in the program, including those children who attend only for 4K. This includes enrollment information, immunization records, health examination reports, and other information required under the licensing rules. Records may be shared between the child care center and the school district, but they must be available for review at the child care site by the DCF licensing specialist. The DCF licensing specialist will monitor a center’s compliance with children’s records.

See Appendix B Required Items for Family Child Care Centers and Appendix F Instructions for Obtaining Department Forms.

Administrative rules do not prescribe the office management or record keeping techniques of a center. Required records must be maintained for the length of time the child is enrolled and be available to the licensing specialist for review.

See Wis. Stat. s. 49.155 (6m); Wisconsin child care subsidy rules require child care providers retain the written daily attendance records for at least 3 years after the child’s last day of attendance.

Regardless of the format of the record, it is recommended that the date of discharge be added to the child’s record and that the center retain records for 3 years after a child is discharged.

1. Enrollment information that includes all of the following:

a. The name and birth date of the child.

b. The full names of the child’s parents.

DCF 250.04(6)(a)1.b. Commentary: Enrollment information should include both parents, if applicable. When parental access is prohibited or restricted by court order, permission to call for the child is also affected. To prohibit or restrict access, the center must have a copy of the court order on file at the center.

c. The child’s home address and telephone number.

d. An address and telephone number where the parent can be reached while the child is in care.

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.

f. The name, address, and telephone number of the child’s physician or medical facility caring for the child.

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.

DCF 250.04(6)(a)1.g. Commentary: If no one is authorized to pick up a child, a notation of “none” should be indicated.

A center may not stop a non-custodial parent from picking up a child. If parental access is denied, a current copy of the court order must be on file at the center.

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 to collect this information.

DCF 250.04(6)(a)1.h. Commentary: In part-day preschool or before and after school care situations where children may be enrolled on a 9- or 10-month basis, the first day of attendance shall be the first time the child attends (initial enrollment) and is considered the first date of attendance regardless of subsequent re-enrollments. If the center practice is to secure a new enrollment form once per year or each fall, the center should maintain the child’s original enrollment form with the initial attendance date in the current file. The first day of attendance needs to be maintained in the child’s file for as long as the child is enrolled in the program so that the licensing representative can make an accurate measurement of compliance with immunization and physical examination rules.

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

a. The name and birth date of the child.

b. The full names of the child’s parents.

c. A telephone number where the parent can be reached while the child is in care.

d. The name, address, and telephone number of the physician or medical facility caring for the child.

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.

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.

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.

DCF 250.04(6)(a)2 Commentary

See DCF 250.08 (3) – REQUIRED INFORMATION FOR EACH TRIP.

The options for meeting this rule are:

The Field Trip or Other Activity Notification/Permission – Child Care Centers form or a similar center-created form that will be used for each child on the field trip.

OR
A blanket permission form signed by parents that covers all field trips involving use of a vehicle; and notification to parents of the date, time, and destination of the field trip for each child prior to each trip.
Emergency information should be carried for the children during walking field trips.

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 at Department of Children and Families - Forms Search on the department website, or from any regional licensing office in Appendix A.

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.

DCF 250.04(6)(a)3 Commentary: A parent may authorize other persons to drop-off or pick-up a child through a note or on the Child Care Enrollment form. If a child is transported by a school bus, taxi, or transportation company that may have various individuals providing the transportation, then the written agreement should specify the transportation agency as the authorized pick-up or drop-off “person.”

Children coming to the center from school or going from the center to school within the same school building do not need this authorization. Going to and from any other activity within the school requires authorization.

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 department forms is available at Department of Children and Families - Forms Search on the department website, or from any regional licensing office in Appendix A.

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

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.

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.

c. Children 5 years of age and above are not required to have a health exam.

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.

DCF 250.04(6)(a)4.d. Commentary: See DCF 250.03(8m) – DEFINITION – 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.

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.

DCF 250.04(6)(a)4m Commentary

Under s. 252.04, Wis. Stats., and Ch. DHS 144, the immunization record for each child must be on file no later than 30 school days (6 calendar weeks) after the first day of a child’s attendance.

Immunization records are required to be on file for school-age children unless the child care center is operated on the school’s premises and the child care center has approved access to the school's vaccination records.

The Student Immunization Law s. 252.04 (2), Stats., sets minimum requirements for children attending child care centers. The immunization history must indicate that the child has received at least the first dose of each immunization required for the child’s age or that the immunization requirement is waived for that child.
If a parent claims a religious or personal conviction exemption, the parent may check the appropriate box and sign the Child Care Immunization Record form in place of providing an immunization history. Immunization requirements may also be waived upon signature of a physician that the child should not be immunized for health reasons, as indicated on the Child Care Immunization Record form.

For children whose immunization record is not submitted within 30 school days of admission; whose record at 30 school days after admission indicates that they do not have at least the first dose of each required vaccine; or who fall behind schedule (i.e., do not obtain an immunization which their health care provider has indicated is due on a certain date), there are two courses of action for the center:

As required by Wisconsin law and administrative rule, the center will notify the district attorney that a child has failed to comply with immunization requirements.

OR
The child who fails to comply with immunization requirements will be discharged (excluded) from the center until such time as immunization requirements are met.

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.

(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.

DCF 250.04(6)(b) Commentary: A child must be signed in when the child arrives and signed out when the parent arrives to pick up the child. The center is responsible for children (i.e., knowing their whereabouts) from the time the parent, guardian, or responsible person brings the child to a center staff. Parents or legal guardians are responsible for the child until the child is safely in the center or received by center staff.

A center may use the department’s Daily Attendance Record – Child Care Centers form, may choose to use their own paper form, or may use an electronic form or system to capture the same information included on the department’s Daily Attendance Record form. No exception is necessary. The daily attendance record could be a sign-in/sign-out book completed by either the parents or the center; however, the center is responsible for ensuring that this record is accurate. It is the child care program/provider’s responsibility to be able to access the electronic form to respond to the licensor’s request to review information

Each enrolled child’s date of birth must be included on each daily attendance record to ensure appropriate staff-to-child ratios.

Regardless of the format of the record, it is recommended that the date of discharge be added to the child’s record and that the center retain records for 3 years after a child is discharged.
The attendance record must be up-to-date and must include each time a child (including the provider’s own child under age 7) is checked in to and out of care at the facility throughout the day (e.g., preschool, swim lesson, etc.).

It is recommended that entries on the Daily Attendance Record be made in ink. If a time was entered incorrectly or by mistake, it is recommended that the incorrect information be struck through and initialed by the person correcting the error.

The child should be signed in for actual hours of care. If a center is licensed for more than 12 hours, times documented should include AM and PM designation.

When the center provides transportation, the attendance tracking requirements apply. There may be 2 attendance records kept when children are transported. One record could reflect attendance during transportation, and the other could reflect attendance while the child is at the center. Attendance records must include the actual time of pick up and/or drop off.

If the child is transported by means other than center-provided transportation, the transporter is responsible for the child once the child is placed in the vehicle or until the child is received by center staff. If a child is not received directly by center or school staff, an authorization for this time when the child is not supervised must be signed by the parent/legal guardian. If more than 8 children are in care, regardless of whether some children are being transported and others are at the center, the center is considered over-capacity.

Wisconsin Child Care Subsidy rules require child care providers to retain the written daily attendance records for at least 3 years after the child’s last day of attendance. For questions related to requirements for retaining attendance records for WI Shares Child Care Subsidy Program purposes, contact the local child care coordinator.

(7) Confidentiality

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

DCF 250.04(7)(a) Commentary: It is recommended that the center have a policy regarding the use of photos and social or electronic media involving children enrolled at the child care center.

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

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:

a. The child’s parent.

b. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.

c. Agencies authorized under s. 48.78, Stats.

DCF 250.04(7)(b)1.c. Commentary: A licensed child care facility may give access to confidential information regarding an individual in care to a public school, social welfare or law enforcement agency, or the Department of Children and Families. A social welfare agency is a county department of social or human services, an Indian tribal social service agency or agent, or a licensed child welfare agency under contract with the county department. A law enforcement agency is a sheriff or police department.

“Relative" is defined by s. 28.02(15), stats., as a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, step-uncle, step-aunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.

2. A parent, upon request, has access to all records and reports maintained on his or her child.

DCF 250.04(7)(b)2 Commentary: Every parent has a right to their child’s school, medical, and dental records, and any video recordings of their child. The only exceptions to this rule are if a court specifically orders that a parent does not have access to the child. To prohibit or restrict access, the center must have a copy of the court order on file at the center.

3. All records required by the department under this chapter for licensing purposes are available to the licensing representative.

(8) Reporting child abuse or neglect

A licensee or provider who knows or has reasonable cause to suspect that a child who is known or seen by the licensee or provider in the course of their professional duties has been abused or neglected or that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur, shall immediately contact the county Department of Social Services under s. 46.22, Stats.; the county Department of Human Services under s. 46.23, Stats.; or in a county having a population of 750,000 or more, the department; or a local law enforcement agency in compliance with s. 48.981 (3) (a), Stats.

DCF 250.04(8) Commentary

Licensees, employees, and volunteers are mandated reporters under the law.

A mandated reporter who witnesses or who has reasonable knowledge to suspect that a child has been abused or neglected is required to immediately contact the proper authority (county department of social or health and human services or law enforcement).
The witness or the person who has reasonable knowledge to suspect that a child has been abused or neglected should be the person to make the report.
When in doubt, report the suspected abuse or neglect.
Because child-to-child contact may be determined to be abuse, child-to-child sexual contact must be reported.

When in doubt, report the suspected abuse or neglect. If a mandated reporter fails to report suspected child abuse or neglect, you may be fined up to $1,000, imprisoned for up to 6 months, or both. In addition, a mandated reporter who fails to report suspected child abuse or neglect may receive a bar to owning and/or working in a licensed child care and future licensing applications may be denied.
A report to the licensing specialist does not meet this requirement.

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).

DCF 250.05 Staff

(1) Definition.

In this section, the “Wisconsin Registry” means a professional development recognition agency.
Note: For further information, see the Wisconsin Registry’s website.

(2) Staff records.

A licensee shall maintain a file for each provider, employee, volunteer, or substitute and shall make the file immediately available for review by a licensing representative at the center. The file shall contain all of the following:

DCF 250.05(2) Commentary: If the licensee is a provider, a file is required.

Files for staff must be available on the employee’s first day of work. When a center utilizes substitutes from an agency that is not the licensee, the agency may be responsible for collecting and maintaining the required staff file information on the substitute. The licensee is responsible for ensuring that the required information is present in the file and that the file is available for review by the licensing representative.

Background check information, documentation of the days and hours a person is included in the staff-to-child ratios, and continuing education documentation are not required to be kept in the individual’s personnel file; however, these records must be readily available for review by the licensing specialist. There is no retention requirement for staff files. Licensees are encouraged to consult with an attorney and/or an accountant for other potential record retention requirements.

Volunteers not counted in staff-to-child ratios are not required to have a complete staff file; they are only required to have documentation of completed orientation as per DCF 250.05 (4) (a).

Licensees wishing to maintain electronic files on staff should ensure all the following: the files must be available for review by the licensing specialist during a licensing visit and the files must contain all the required information. Visit The Child Care Provider Portal to get started.

(a) The employee’s names, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.
Note: The licensee may use the department’s form, DCF-F-CFS0053 Staff Record – Child Care Centers, or the licensee’s own form for recording staff information.

(b) Documentation from the department, either paper or electronic, that indicates that a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13, and the person is eligible to work in a child care program.

DCF 250.05(2)(b) Commentary: : Providers submit a Background Check Request (BCR) for themselves and others through the Child Care Provider Portal (CCPP). The digital form must be submitted initially and reviewed every five years at the time the five-year fingerprint check is due.

Per s. 48.686 (4m) (c), individuals may not begin working or residing at the child care center until they receive preliminary eligibility. New employees or new household members may begin working or residing at a family child care center with preliminary eligibility results, but they must be under supervision of someone with final eligibility until the new employee or household member receives final eligibility.

As of 09/30/2018, the Preliminary Eligibility Determination and/or Final Eligibility Determination notices are the documentation accepted as the results of a complete child care background check.

Emergency back-up providers are not required to have a completed background check on file; however, if they are used in an emergency situation and the center does not close, they are considered a substitute and would require a completed background check to be on file. It is recommended that policies address whether your center will close in the event of an emergency and complete background checks as required for emergency back-up providers used as substitutes.

(c) Documentation of the actual hours a provider, substitute, employee, or volunteer worked if the hours were used to meet the applicable staff-to-child ratio under s. DCF 250.055 (2) (b) and (c).

(d) 1. Except as provided under subd. 2., a physical examination report completed within 12 months before or 30 days after the person became licensed or began working with children in care. The physical examination report may be a printout of an electronic record from a medical professional or on a form provided by the department. The report shall be dated and signed by a licensed physician, physician’s assistant, or other EPSDT provider and shall indicate all of the following:

a. The person is free from illness detrimental to children, including tuberculosis.

b. The person is physically able to work with young children.
Note: The optional Form DCF-F-CFS0054, Staff Health Report — Child Care Centers, is available to use to collect this information.

DCF 250.05(2)(d)1.b. Commentary: See DCF 250.03 (14) – DEFINITION – EPSDT PROVIDER.

An initial physical exam is required; subsequent physical exams are not required.

2. The health examination requirement under subd. 1. does not apply to a provider who requests an exemption from subd. 1. based on the provider’s adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.

(e) 1. Except as provided in subd. 2., a certificate from the Wisconsin Registry that indicates the person is qualified for the position the later of 6 months after becoming licensed or beginning to work with children in care.

DCF 250.05(2)(e) Commentary: Information about obtaining a Wisconsin Registry certificate can be found on the Wisconsin Registry’s website.

A Wisconsin Registry certificate issued before January 1, 2009, that indicates the person is qualified as a family child care provider is acceptable.

Course completion post cards for department-approved, non-credit entry-level training may not replace a Wisconsin Registry certificate that indicates a person’s placement level on the career ladder. An individual’s Wisconsin Registry learning record will be accepted if it documents the individual’s Wisconsin Registry level and the position(s) for which the individual is qualified.

A teaching license issued by the Wisconsin Department of Public Instruction or by another state may be used in place of a Wisconsin Registry certificate. Teaching licenses need not be current.
A person holding a substitute, paraprofessional, or teaching assistant license issued by DPI must have a Wisconsin Registry certificate indicating that they meet the requirements for the position held.

2. a. A person is exempt from the requirement under subd. 1. if the person has been licensed or provided care for children in licensed child care continuously since December 31, 2008, including any combination of licensure or employment in a family child care center licensed under this chapter, a group child care center licensed under ch. DCF 251, or a day camp licensed under ch. DCF 252.

b. A substitute is not required to have a certificate from the Wisconsin Registry until the substitute has worked for 240 cumulative hours.

(f) Documentation of compliance with continuing education requirements under sub. (4) (c).

DCF 250.05(2)(f) Commentary: The department forms Staff Continuing Education Record - Child Care Centers or Continuing Education Record - Independent Reading / Video Viewing may be used to document compliance with continuing education requirements. The Wisconsin Registry certificate, or a print-out from the individual’s learning record maintained by the Wisconsin Registry, may be used to document continuing education. See Appendix F, Instructions for Obtaining Department Forms.

(g) Documentation of compliance with orientation requirements under sub. (4) (a).

(3) Qualifications of staff.

(a) A provider shall be physically, mentally, and emotionally able to provide responsible care to all children, including children with disabilities.

(b) Before beginning to work with children in care, a lead provider shall be at least 18 years of age and satisfactorily complete one of the following:

DCF 250.05(3)(b) Commentary: An employee or volunteer who assists in the child care center but is not counted in the staff-to-child ratio is not considered a “provider” and is not required to meet the training requirements in this section.

1. All of the following:

a. Three credits in early childhood education or a department-approved, non-credit course in early childhood education.
Note: The non-credit course called Introduction to the Child Care Profession is the course that has been approved by the department. Information on other acceptable courses and agencies offering department-approved courses is available at Wisconsin's Licensed Child Care Programs on the department website.

DCF 250.05(3)(b)1.a. Commentary: The Assistant Child Care Teacher (ACCT) Skills Certificate Program offered by the Department of Public Instruction is an equivalent course to Introduction to the Child Care Profession. Abusive head trauma is covered in the curriculum.

b. A noncredit, department-approved course in operating a child care business or 2 credits in business or program administration. A person is exempt from this requirement if the person has been licensed or provided care for children in regulated child care continuously since December 31, 2008, including any combination of licensure under s. 48.65, Stats., certification under s. 48.651, Stats., or employment in a licensed child care center or for a certified child care operator.

DCF 250.05(3)(b)1.b. Commentary: Equivalent courses could include a credit-based business training course, a course in The Registry Administrator Credential, or a course in center administration taken as part of an associates or bachelor’s degree in early childhood education.

If a person was qualified as a child care provider before January 1, 2009, the person remains qualified after January 1, 2009 without an exception. A Wisconsin Registry certificate issued before January 1, 2009, indicating the person is qualified as a family child care provider is acceptable documentation that the person has met the requirement for courses in early childhood education and the business of operating a family child care center.

If an individual is qualified as a family child care provider on the basis of completing the course “Early Childhood I,” it is recommended that the individual also complete the course “Fundamentals of Family Child Care,” which may be counted as continuing education.

Note: The non-credit course entitled Fundamentals of Family Child Care is approved by the department to meet this requirement. A credit-based course in a business topic may also be used. Information on agencies offering the department-approved course is available at Wisconsin's Licensed Child Care Programs on the department website.

2. The Registry Family Child Care Credential.

DCF 250.05(3)(b)2 Commentary: The Wisconsin Family Child Care Credential is now titled The Registry Family Child Care Credential.

3. A child development associate credential in family child care issued by the Council for Professional Recognition.

(bm) An assistant provider shall meet all of the following conditions:

1. Be at least 16 years old.

2. Work under the supervision of a lead provider with a group of children.

3. Satisfactorily complete at least one of the following within 6 months after assuming the position:

a. Two credits in early childhood education or its equivalent.

DCF 250.05(3)(bm)3.a. Commentary: See Appendix D Resources List for Entry Level Courses – Early Childhood Professionals and Entry-Level Courses – School-Age Professionals.

b. One noncredit, department-approved course in early childhood education.
Note: Introduction to the Child Care Profession is the noncredit course that is approved by the department to meet the entry level training requirements for an assistant provider. Information on agencies offering the department-approved course is available at Wisconsin's Licensed Child Care Programs on the department website.

DCF 250.05(3)(bm)3.b. Commentary: See Appendix D Resources List: Agencies Approved to Offer Non-Credit, department-approved courses.
The Wisconsin Registry maintains a database that lists available training opportunities, including entry-level courses, which can be found on The Registry webpage.

Evidence of completion of an early childhood education course must be available within 6 months after assuming the position.

The 40-hour Family Child Care Course (or module 1 – Family Child Care Certification and module 2 – Family Child Care Licensing) taken prior to September 1, 2003, may be accepted in place of the Introduction to the Child Care Profession course.

c. An assistant child care teacher training program approved by the Department of Public Instruction.

DCF 250.05(3)(bm)3.c. Commentary: High school courses that meet the preservice training requirements will result in a certificate issued by the Department of Public Instruction (DPI); a grade report or high school transcript will not be accepted. A certificate will be issued when both grade and attendance meet the specifications designated by DPI.

If a person believes they took the DPI course while in high school, but no longer has the certificate, the person should submit an application for a Wisconsin Registry certificate. The Wisconsin Registry has a list of all students who completed the DPI-approved course since the program’s inception in 1999. The Wisconsin Registry certificate will indicate that the person is qualified as an assistant and the person’s learning record will include the DPI-approved course.

(c) A substitute or volunteer that is used to meet the required staff-to-child ratio shall meet the training requirements specified in par. (bm) by the time the substitute or volunteer has worked in the center for a total of 240 hours.

DCF 250.05(3)(bm)3.c. Commentary: The 240 hours is cumulative, not each year. Training must be complete by the time the individual reaches 240 hours. Documentation of the hours worked must be kept on file at the center.

See DCF 250.05 (2) (e) 2. b. – STAFF FILE – REGISTRY CERTIFICATE

(cm) A volunteer that is used to meet the required staff-to-child ratios under s. DCF 250.055 (2) (b) and (c) shall be at least 18 years of age.

(e) 1. Within 3 months after licensure or date of hire, each licensee and provider shall obtain a certificate of completion for a department-approved course in infant and child cardiopulmonary resuscitation, including training in the use of an automated external defibrillator.

DCF 250.05(3)(bm)3.e. Commentary: The Department of Health Services, Bureau of Emergency Medical Services (BEMS) approves agencies to offer the CPR with Automated External Defibrillator (AED) training as required by statute. Visit the BEMS website for a list of currently approved agencies. The training must result in a certificate of completion. If the certificate does not have a date specifying the length of time for which it is valid, the CPR/AED training must be renewed every year. If the center does not serve infants, the CPR/AED training could be child/adult CPR/AED.

Substitutes and volunteers counted in staff-to-child ratio will need to have CPR/AED training by the time they have worked in a center for 240 hours. Emergency back-up providers are not required to have CPR/AED training

2. Each licensee and provider shall maintain a current cardiopulmonary resuscitation certification as specified under subd. 1.

3. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours under sub. (4) (c).

(em) Within 2 months after licensure or date of hire, each licensee and provider shall complete a training in pediatric first aid procedures.

(f) Each licensee and provider shall have satisfactorily completed at least 10 hours of department-approved training in the care of infants and toddlers within 6 months after becoming licensed or working with children in care under 2 years of age.

DCF 250.05(3)(f) Commentary: Fundamentals of Infant and Toddler Care is the non-credit, department-approved training. Credit-based training in the care of children under age 2 is also acceptable.

If the only child under age 2 is the provider’s own child, and the center is not licensed to care for children under age 2, the training is not required. An exception to the age range on the license to care for their own child under age 2 should be in place. If a license is amended to include care of children under age 2, the training must be completed within 6 months of the license amendment date.

(fm) Prior to working with children in care and at least every 2 years thereafter, each provider and substitute shall complete training in all of the following:

1. Child abuse and neglect laws.

2. How to identify children who have been abused or neglected.

3. The procedure for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

DCF 250.05(3)(fm)3 Commentary: The University of Wisconsin System provides a free online mandated reporter training that satisfies the child abuse and neglect training requirement.

The department will no longer accept a review of the brochure “It Shouldn’t Hurt to Be a Child” to meet this requirement.

The department’s online training, “Mandated Reporter Online Training,” may be used to meet this requirement. “Strengthening Families” or “Darkness to Light” (also known as Stewards of Children) training may also be used to meet this requirement.

Training may also be obtained from local child protective services, law enforcement, or other agencies that provide continuing education experiences. Documentation could be a certificate of attendance at a formal training or completing the continuing education form. Training may be counted as continuing education.
The department-approved, entry-level course called Introduction to the Child Care Profession contains training in the identification and reporting of child abuse and neglect and may be used to meet the requirement for 2 years after the completion date of the course.

(g) Prior to obtaining a license or working with children in care under 5 years of age, a licensee, provider, substitute, volunteer, emergency back-up, or any other person providing care and supervision shall satisfactorily complete department-approved training in shaken baby syndrome and abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children.

DCF 250.05(3)(g) Commentary: As of September 1, 2020, the new training is titled Abusive Head Trauma Prevention Training for Child Care Providers. Providers who completed Shaken Baby Syndrome Prevention training prior to September 1, 2020 are not required to complete the new AHT Prevention training. Be advised that AHT Prevention training does not satisfy the child abuse and neglect training requirement.

The Department of Children and Families provides a free online AHT prevention training that satisfies this requirement.

Completion of the non-credit, department-approved courses “Introduction to the Child Care Profession” or “Fundamentals of Infant and Toddler Care,” taken after July 1, 2005 will meet this requirement. The Assistant Child Care Teacher course taken at the high school level that results in a certificate of completion issued by the Department of Public Instruction also meets this requirement. Documentation that the course was completed after July 1, 2005 is all that is required to demonstrate that training in shaken baby syndrome prevention was completed. The credit course “Health, Safety and Nutrition” taken from a Wisconsin Technical College after January 1, 2006 will also meet this requirement. Documentation that the course was completed after January 1, 2006 is all that is required to demonstrate compliance.

A Wisconsin Registry certificate or a print-out of the person’s learning record from the Wisconsin Registry may also be used to document completion of training in shaken baby syndrome prevention.

A certificate of completion used to document the required AHT prevention training must contain all of the following: printed (typed) name of student; printed (typed) name of training agency; printed (typed) date the training was completed; printed (typed) name of approved trainer; printed (typed) name of training; and signature of trainer.

Note: The department-approved training is included in the course called Health, Safety and Nutrition offered by a Wisconsin technical college or in the non-credit, department-approved courses called Introduction to the Child Care Profession and Fundamentals of Infant and Toddler Care, if the course was taken after July 1, 2005. Information on agencies offering the department-approved courses is available at Wisconsin's Licensed Child Care Programs on the department website.

(gm) A program aide shall meet all of the following conditions:

1. Be at least 16 years old.

2. Work under the direction and supervision of a child care provider.

3. Satisfactorily complete at least one of the following no later than 6 months after assuming the position:

a. An assistant child care teacher training program approved by the Wisconsin Department of Public Instruction.

DCF 250.05(3)(gm)3.a. Commentary: Coursework completed in a high school outside the state of Wisconsin is not acceptable as an equivalent to the Assistant Child Care Teacher (ACCT) Skills Certificate Program, as the coursework will not include regulatory information specific to Wisconsin.

Coursework for credit is acceptable towards qualifying as a program aide.

b. A noncredit department-approved course on early childhood education.
Note: Introduction to the Child Care Profession is the noncredit course approved by the department to meet the entry-level training requirements for a program aide.

4. A program aide may not be counted in the required staff-to-child ratios under Table DCF 250.055.

DCF 250.05(3)(gm)4 Commentary: Some examples of program aide responsibilities can include but are not limited to cleaning and organizing child care equipment, toys, and premises; setting up art projects and small and large group activities; and running errands for staff.

(h) No person or agency may offer non-credit child care training as specified in this subsection unless the person or agency and the course have been approved by the department. The department may at any time withdraw its approval of a non-credit course. Instructors of non-credit department−approved courses shall be approved by the department prior to teaching a course.
Note: Information on the approval process for non-credit courses is available at Wisconsin's Licensed Child Care Programs on the department's website.

(4) Staff development.

(a) Orientation of employees, volunteers, and substitutes. The licensee shall provide each provider, employee, volunteer, or substitute with an orientation before the individual begins to work with children in care. The orientation shall be documented on a form initialed and dated by the staff person and licensee. The orientation shall cover all of the following:

1. The names and ages of all the children in care.

2. Current arrival and departure information for each child enrolled and the names of people authorized to pick up the child.

3. A review of children’s records, including emergency contact information.

4. Specific information relating to each child’s health care needs, including medications, disabilities, or special health conditions.

5. If the center is licensed to care for children under one year of age, procedures to reduce the risk of sudden infant death syndrome.

6. An overview of the daily schedule, including meals, snacks, nap, and any information related to the eating and sleep schedules of infants and toddlers enrolled in the center.

7. A review of the center’s procedures for dealing with emergencies, including natural disasters, human-caused events, food emergencies, and allergic reactions.

9. If the center is licensed to care for children between the hours of 10:00 p.m. and 5:00 a.m., the plan for evacuating sleeping children.

10. The prevention and control of infectious diseases, including immunizations.

11. The administration of medications.

12. The handling and storage of hazardous materials and disposal of biocontaminants. In this subdivision, “biocontaminants” includes blood, body fluids, or excretions that may spread infectious disease.

13. The center policies and procedures required under s. DCF 250.04 (2) (e).

14. The provisions in this chapter. 15. The reporting requirements for the child care background check under s. DCF 13.07 (3).
Note: The licensee may use the department’s form, DCF-F-CFS2255, Staff Orientation Checklist - Family Child Care Centers, or the licensee’s own form to document completion of employee orientation.

DCF 250.05(4)(a)14 Commentary: A center may use the department’s Staff Orientation Checklist – Family Child Care Centers form, may choose to use their own paper forms, or may use an electronic form or system to capture the same information included on the department’s Staff Orientation Checklist – Family Child Care Centers form. No exception is necessary. It is the child care program/provider’s responsibility to be able to access the electronic form to respond to the licensor’s request to review information.

(b) Orientation of emergency back-up providers. Each time an emergency back-up provider cares for the children, the emergency back-up provider shall receive an orientation immediately before being left alone with the children. The orientation shall cover all of the following:

1. The names and ages of all the children in care.

2. Arrival and departure information for each child in care, including the names of people authorized to pick up the child.

3. The location of children’s files, including emergency contact information and consent for emergency medical treatment.

4. Information on any children with special health care needs.

5. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.

1. Each licensee and provider shall satisfactorily complete at least 15 hours of qualifying continuing education annually. Continuing education qualifies under this paragraph if it covers any of the following:

DCF 250.05(4)(c)1 Commentary: The form, Staff Continuing Education Record, may be used to document continuing education hours. Fifteen hours of continuing education each year may be documented by class card, certificate, transcript, or Wisconsin Registry bar code. Documentation should include the training title, the date the training was completed, the number of hours completed, and the name of the instructor, if applicable.

Attendance at meetings such as support group meetings may be counted as continuing education if the meeting is related to training on a topic related to caring for children or operating a business. Only that portion of the meeting devoted to the training topic may be counted.

The required 10-hour Infant / Toddler, child abuse training, and CPR/AED course may be counted toward the continuing education requirement of 15 hours.

Technical assistance and/or coaching received as part of the YoungStar program may be counted as continuing education for the individual(s) who participated in the technical assistance or coaching, verified by documentation from the technical consultant or coach. Time spent during a formal rating evaluation visit for YoungStar may not be counted as continuing education.

Continuing education hours or credit courses may be used to meet the continuing education requirement during the year in which the hours are earned and for the following 2 years. Hours spent in observation in another program which results in college credits (such as in the mentor/protégé program) may not be counted, but the college credit will count. Credits should be converted to hours. See Appendix D Resources List, Credit to Hour Conversion – Technical Colleges and Universities.

The department does not approve agencies or trainers for continuing education. However, the Wisconsin Registry’s Professional Development Approval System (PDAS) provides a platform for ensuring that trainers have met certain qualifications and that training topics are taught by qualified instructors. To find continuing education training, visit the Wisconsin Registry’s website.

The Continuing Education Record – Independent Reading / Video Viewing form available on the department’s website may be used to document each child care-related book, magazine, article, or digital media that is read/viewed as part of an employee’s continuing education effort. This may include time spent in study to develop a program and curriculum. It does not include time spent in the preparation of activities or instruction with children.

a. Prevention and control of infectious diseases.

b. Medication administration.

c. Prevention of and response to emergencies due to food and allergic reactions.

d. Identification of and protection from hazards.

e. Building and physical premises safety.

f. Emergency preparedness and response planning.

g. Handling and storage of hazardous materials.

h. Handling and disposal of biocontaminants.

i. Child growth and development.

j. Caring for children with disabilities.

k. Guiding children’s behavior.

L. Nutrition.

m. Physical activity.

n. Transportation safety.

o. Identification and reporting of suspected child abuse or neglect.

p. Cardiopulmonary resuscitation.

q. First aid.

r. Business operations.

s. Any other topic that promotes child development or protects children’s health or safety.

2. Continuing education under subd. 1. may be obtained through attendance at training events, workshops, conferences, consultation with community resource people, web-based training, observation of child care programs, independent reading, or viewing educational materials.

DCF 250.05(4)(c)2 Commentary: Time spent doing research in the child development associate credential (CDA) process may be counted. Time spent assembling the portfolio in the CDA process does not count toward continuing education.

The topic addressed by the continuing education experience must be one that would prepare a person to function better in their role as family child care provider and small business person.

4. A provider shall have documentation of the 12-month period included in the provider’s training year for meeting continuing education requirements and begin a new training year in the same month each year.
Note: The licensee may use either the department’s form, DCF-F-CFS0053, Staff Continuing Education Record - Child Care Centers, a copy of the individual’s learning record from the Wisconsin Registry, or the licensee’s own form to document the completion of continuing education.

DCF 250.055 Supervision and Grouping of Children

(1) Supervision.

(a) Each child shall be supervised by a provider to guide the child’s behavior and activities, prevent harm, and ensure safety.

DCF 250.055(1)(a) Commentary: Electronic monitoring devices may be used for supervising sleeping children only. Consideration should be given to the quality of the device, proximity, and accessibility of provider and noise levels that may interfere with the provider's ability to hear.

See DCF 250.03 (33) – DEFINITION – SUDDEN INFANT DEATH SYNDROME; DCF 250.03 (34) – DEFINITION – SUPERVISION; DCF 250.055 (1) (m) – SUPERVISION OF CHILDREN WHILE OUTDOORS; and DCF 250.07 (7) (e) – PETS & ANIMALS – SUPERVISION.

(b) A provider shall be awake at all times when children are in care.

DCF 250.055(1)(c) Commentary: A license may be granted for more than 16 hours in a 24-hour period if a second qualified provider cares for and supervises children after 16 hours.

See DCF 250.05 (2) (c) – STAFF FILE – DAYS, HOURS WORKED

(d) No child may be in care for more than 14 hours in any 24-hour period.

DCF 250.055(1)(d) Commentary: An exception may be granted to a child care center for a child or children to be in care for more than 14 hours in a 24-hour period if a local business or corporation operates a 14-hour work shift for their employees or if the department determines that granting an exception would support the circumstances and the family. The exception does not need to be individual to each child if the exception is granted in relation to employees of a specific business. A written parental request for care in excess of 14 hours must be on file at the center.

(e) At least one lead provider who has completed the training required under s. DCF 250.05 (3) (b) shall supervise children at all times, as provided in par. (em).

(em) Substitutes. If a substitute is providing care and 2 providers are required to meet staff-to-child ratios, at least one provider who has completed the training required under s. DCF 250.05 (3) (b) or (bm) shall supervise children at all times.

(f) No person under 18 years of age may be left in sole charge of the children.

(g) The center shall have a written plan reviewed by the department for ensuring supervision of the children in an emergency or during a provider’s absence.

DCF 250.055(1)(g) Commentary: See DCF 250.03 (7) – DEFINITION – EMERGENCY BACK-UP PROVIDER; DCF 250.04 (2) (e) 3. – POLICY SUBMITTED AND IMPLEMENTED – ABSENCES; and DCF 250.05 (4) (b) – EMERGENCY BACK-UP PROVIDER – ORIENTATION.

(h) A provider may not be engaged in any other activity or occupation during the hours of operation of the center when children are in care, except for daily maintenance of the home.

DCF 250.055(1)(h) Commentary

Daily maintenance of the home does not include time-consuming tasks which would prevent the provider from supervising and interacting with children. Acceptable tasks include dusting, floor sweeping, meal preparation, clean up, and laundry.

Home-based occupations may not be practiced during hours of operation.

HOME SCHOOLING or CHILDREN ATTENDING a VIRTUAL (ONLINE) SCHOOL: Home schooling is defined in Wis. Stat. § 115.001(3g) as “a program of educational instruction provided to a child by the child's parent or guardian or by a person designated by the parent or guardian. An instructional program provided to more than one family unit does not constitute a home-based private educational program.” A virtual school or cyber school describes an institution that teaches courses entirely or primarily through online methods. The program must provide 875 hours of instruction in a sequentially progressive curriculum of fundamental instruction in reading, language arts, mathematics, social studies, science and health each school year.

Licensed family child care in a home where the provider's own children are receiving home-based education or virtual schooling may be permitted through an exception if the following conditions are met:

The department is notified in writing that home-schooling or attendance through a virtual school is occurring.
Home-schooling does not primarily take place during hours of center operation.
Home-schooling and virtual attendance does not interfere with the family child care programming or the supervision of children in care

(i) The licensee may not combine the care of children enrolled in the child care center with foster care of other non-related children or adults without the prior written approval of both licensing agencies.

DCF 250.055(1)(i) Commentary: Written approval must be obtained from the foster care licensing agency, and a stipulation must be signed by the licensee.

Combining treatment foster care and family child care will not be approved.

Care of adult family members will be reviewed on a case-by-case basis.

(j) During the hours of the center’s operation, no provider or any other person in contact with children in care may consume or be under the influence of beverages containing alcohol or any non-prescribed controlled substance specified in ch. 961, Stats.

(k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.

DCF 250.055(1)(k) Commentary: The department recommends the center document any verbal authorizations. It is also recommended that the center check the photo identification of the person picking up the child.

(L) The licensee shall implement and adhere to a procedure to ensure that the number, names, and whereabouts of children in care are known to the provider at all times.

(m) A provider shall be outside with children and provide sight and sound supervision of the children, unless the children are playing inside the enclosed outdoor area on the premises specified under s. DCF 250.06 (11) (b).

DCF 250.055(1)(m) Commentary: Exceptions will be considered for reasonable accommodations for providers with visual or audio impairment. Requests for exception must be submitted to the provider’s regional licensing office. The Exception Request form is available on Department of Children and Families - Forms Search on the department's website.

The provider may supervise school-age children in or outside of the enclosed area from within the house if the provider is within sight or sound and the children have been informed of the boundaries. The provider must be able to guide the behavior and activities of the children as specified in the definition of supervision under DCF 250.03 (34).

It is expected that children will play inside any enclosed area on the premises. If children are riding tricycles or other riding toys on a driveway or sidewalk or using sidewalk play items such as sidewalk chalk, they may play outside the enclosed area on an occasional basis.

(n) A provider shall be outside with children providing sight and sound supervision of the children when a wading pool containing water is present in the outdoor play space specified in s. DCF 250.06 (11) (b).

(2) Grouping of children.

(a) At no time may more than 12 children be in the care of the center. This limitation applies to all of the following:

1. All children under 7 years of age, including a provider’s own children.

DCF 250.055(2)(a)1 Commentary: All licensing rules apply to the provider’s own children under age 7 including DCF 250.07(2)(a) – GUIDING CHILDREN’S BEHAVIOR; DCF 250.08(6) and (7) regarding transportation of children; and DCF 250.09 regarding care of infants and toddlers.

See DCF 250.03(28) – DEFINITION – PROVIDER’S OWN CHILDREN.

2. All children 7 years of age or older who are not a provider’s own children.

DCF 250.055(2)(a)2 Commentary: See DCF 250.03(9) – DEFINITION – FAMILY CHILD CARE CENTER.

Overlap periods in which more than 8 children are in care is a violation of the rule.

If a child under age 18 is used as a volunteer, they must be outside the licensed age range and be able to go home at any time. The volunteer must meet all volunteer requirements and, as with any staff, the licensee is ultimately responsible for the care and supervision of the children and the acts and omissions of the volunteer.

VISITING CHILDREN: There may be times when neighborhood or school playmates are on the premises to visit the provider’s own children. The licensing specialist may ask for additional information to determine whether the child is in care of the licensed provider.

Children age 7 or older who visit the child care center to play with children in care (not the provider’s own children), or to act as a “helper” for the provider, are considered to be in the care of the provider.

There may be occasions when a non-resident adult will visit the child care center bringing along their own children under the age of 7. Children must be properly supervised when a provider is visiting with another adult. Appropriate consideration must be given to the children’s activities during these visits.
Individual situations will be evaluated on a case-by-case basis.

JOINT ACTIVITIES WITH MORE THAN ONE LICENSED/CERTIFIED PROVIDER: Licensing rules do not permit family child care centers to exceed the number for which the center is licensed.

As an alternative to meeting at a family child care center, it is recommended that providers planning activities for multiple groups of children use a location off the premises of a licensed family child care center, e.g., the public library or a local park. These types of activities off the premises of a licensed facility are considered field trips.

(b) A licensee shall do all of the following to determine if more than one provider is required for a group of children:

1. For each child in the group, determine the numerical weight for the child’s age group based on Table DCF 250.055.

2. Add the total of all of the numerical weights for each child in the group.

3. If the total of the numerical weights is 1.2 or less, one provider may care for the group.

4. If the total of the numerical weights is more than 1.2, two providers are required.

DCF 250.055(2)(b)4 Commentary: A child who is enrolled in a 4-year-old kindergarten (4K) program may be considered a school-age child once the child turns age 5, even if this occurs during the 4K school year.

An exception may never be granted to exceed the licensed capacity of 8 children.

(c) 1. If one provider is caring for 4 children who are under the age of 18 months, the center may only enroll additional children who are 5 years of age and older.

2. If 2 providers are caring for 8 children under the age of 18 months, the center may only enroll additional children who are 5 years of age and older.

(d) When care is provided on a level that is more than 6 feet above or below ground level, no more than 2 children under 18 months of age per provider may be in care.

DCF 250.055(2)(d) Commentary: The number of children under the age of 2 years is per provider, not per level of the center.

If there is more than one provider with the children, no more than a total of 4 children under 2 years of age may be in the care of the center when care is provided on a level that is more than 6 feet above or below the ground level.

Note: Section DCF 250.06 (4) (a) 2. requires an interconnected smoke detection system in operating condition if one or more children under 2 years of age will be cared for in a location that is more than six feet above or below the ground level.

Table DCF 250.055 Maximum numerical weight of 1.2 for one provider

Age of children	Numerical weight for age group
Birth to 17 months	.25
18 months to 1 year and 11 months	.187
2 years to 4 years and 11 months	.125
5 years and older	.056

Note: To determine the number of providers required for a group of children, the licensee may use the DCF online ratio calculator.

DCF 250.06 Physical Plant and Equipment

(1) Building.

(a) Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department’s issuance of a license.
Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.

DCF 250.06(1)(a) Commentary: The Building Inspection Report – Child Care Centers form may be used to document compliance with the applicable Wisconsin Commercial Building Codes.

ZONING: S. 66.34, Wis. Stats., defines a family child care home as a “dwelling licensed as a child care center by the department of health and family services under s. 48.65 where care is provided for not more than 8 children.” The statute then states in pertinent part, “[n]o municipality may prevent a family child care home from being located in a zoned district in which a single-family home is a permitted use. No municipality may establish standards or requirements for family child care homes different from the licensing standards established under s. 48.65. This subsection does not prevent a municipality from applying to a family child care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.” This law gives a municipality the power to prevent a family child care center that is not used as a residence from being located in a district zoned for residential use unless the licensee is granted a conditional use permit. Some municipalities may also require that any home-based business have a conditional use permit to operate. This is also permitted under the law. It is recommended that you contact your local municipality prior to applying for licensure.

Individual communities may determine what a one- or two-family dwelling is. In some municipalities, a one- or two-family dwelling is defined as a building that was built as a home regardless of whether someone lives in that building. In other communities, a one- or two-family dwelling is defined as a building currently used as a residence. It is recommended that a licensee check with and obtain documentation from the local municipality specifying how a one- or two-family dwelling is defined to determine whether or not the commercial building codes apply.

(b) Space and temperature.

1. A center shall have at least 35 square feet of usable floor space per child. Usable floor space for children does not include passageways, bathrooms, lockers, storage areas, the furnace room, the part of the kitchen occupied by stationary equipment, space occupied by furniture that is not intended for children’s use, and areas not available to children for all hours of operation.

2. The inside temperature of the center may not be less than 67 degrees Fahrenheit.

DCF 250.06(1)(b)2 Commentary

A minimum temperature of 67 degrees Fahrenheit is determined by a thermostat reading. In rooms without thermostats, 67 degrees Fahrenheit is to be determined as follows:

Temperature is to be to be measured at 24 inches above the floor level.
Infant and Toddler Rooms: Measure 6 inches above the floor.
Room without windows: Temperature taken in center of a room.
Room with windows: Temperature taken one foot away from windows and at the center of room and then averaged.
Series of rooms with only one thermostat: The coldest room must comply with the 67 degrees Fahrenheit minimum.

3. If the inside temperature at the center exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with safe fans, air conditioning, or other means.

DCF 250.06(1)(b)3 Commentary: Caution should be exercised regarding fan placement to prevent lacerations and toppling hazards. Windows may be opened if there is sufficient breeze to circulate the air.

4. There shall be at least one toilet with plumbing and one sink with hot and cold running water available for use by children in care in the center. The hot water temperature may not exceed 120 degrees Fahrenheit.

DCF 250.06(1)(b)4 Commentary: A temperature between 100- and 105-degrees Fahrenheit is recommended. Scald-prevention devices are also recommended.

When the only bathroom sink is on a second floor, the use of the kitchen sink for handwashing is not recommended but is not prohibited.

(2) Protective measures.

(a) Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.

DCF 250.06(2)(a) Commentary: High-energy/efficiency furnaces are cool to the touch and, unless there are other features of the furnace that pose a hazard, they do not need to be protected.

Tamper resistant electrical outlets do not need to be covered by guards. No exception is necessary.

(b) Firearms, ammunition, and bows and arrows with sharp tips located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.

DCF 250.06(2)(b) Commentary: Trigger locks alone do not constitute locked storage. Separate storage for ammunition and firearms is recommended. Examples of acceptable locked storage are locked gun cabinets, locks on gun cases, and locked rooms / closets. Attics and / or rafters may be approved by exception. Accessible is defined as able to reach.

(c) Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.

DCF 250.06(2)(c) Commentary: Inaccessible is defined as unable to reach.

Any personal care items labeled “keep out of reach of children” should be placed out of the sight of children and out of their reach. This includes personal care items typically kept in the bath/shower area. Hand soap intended for use by children must be accessible to children for use with supervision.

Alcoholic beverages and any items labeled "poisonous" or "keep out of reach of children" and items in spray cans are considered harmful to children and may not be accessible to children.

Safety latches are an acceptable method to make items “inaccessible.”

There may be times when a program wishes to use an item labeled “keep out of reach of children” for an organized art activity. These types of activities are permitted as long as the activity is closely supervised by a provider who is readily available to assist the children if necessary. The use of these materials for art projects should be based on the ages and developmental levels of children using the materials (e.g. it would not be appropriate for infants or toddlers to use shaving cream as a finger painting medium because they may put their hands in their mouths to “taste” the shaving cream).

(d) The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, law enforcement agency, poison control center and emergency medical service, posted in a location known to all providers.

DCF 250.06(2)(d) Commentary: If a center is located in a community with 911 service, the only phone numbers required to be posted are 911 and poison control. The Poison Control Center’s 24-hour emergency phone number is 1-800-222-1222.
It is recommended that the street address for the center and the phone number for the local child protective services agency be listed near the phone as well.

A working telephone is defined as a phone that is capable of making and receiving phone calls. Cell phones and cordless phones may be used as the only phone in a center if the phone is fully charged and there are no dead spots in the center that would prohibit calls from being received or made. If a cell phone or cordless phone is used as the only working phone in a center, the emergency numbers need to be conspicuously posted in an area readily visible to the provider. All center staff must have access to the designated phone and knowledge of the passcode, if applicable. Cell phones or cordless phones must remain at the center when children are present. When all the children are on a field trip, the phone may be carried by the provider.

It is recommended that emergency numbers be saved in the cell phone.

(e) The center’s indoor and outdoor child care space shall be free of hazards including any recalled products.
Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.

DCF 250.06(2)(e) Commentary

See 250.03(13m) – DEFINITION – HAZARD. Licensing staff will not conduct a detailed review of equipment and materials to determine whether items in the center have been recalled. It is the licensee’s responsibility to ensure that they are aware of any recalled products and to remove them from the areas occupied by children.
"Free of hazards" is a discretionary rule to cover a wide variety of hazardous conditions which may occur including, but not limited to, basement stairwells not protected by a fence or gate, lawn sprinkler valve boxes recessed several inches below ground with no cover, broken glass or cans, wood piles, holes, fences or enclosures with an opening that allows passage of an object that is larger than 4 inches in diameter, sharp edges or points near adjacent climbing equipment, etc.

Certain pull toys may have a cord or string the length of which may present a strangling hazard to a child. Strings on pull toys should not be longer than 12 inches so that cords cannot be wrapped around necks. Strings or cords on window blinds must be short to prevent choking, must not hang in loops, and must be made inaccessible to children when blinds are raised.

ASBESTOS: If there is suspicion of asbestos, providers should contact the Wisconsin Department of Health Services for asbestos treatment and abatement procedures.

MOLD: If there is a musty odor or you can see mold growth, steps should be taken to identify the source of moisture causing the mold. The local public health department or the Wisconsin Department of Health Services may be able to help find a consultant who specializes in building assessments to analyze the building and suggest remediation remedies.

POISONOUS PLANTS: See Appendix D Resource List, Common Plants – What’s Poisonous and What’s Not? Outdoor play spaces must be free of poisonous plants.

See 250.06 (11) (b) 3. – OUTDOOR PLAY SPACE – CCA TREATED LUMBER; and DCF 250.06 (11) (b) 3m. – OUTDOOR PLAY SPACE – CREOSOTE AND PCP TREATED WOOD.

When there are bodies of water such as a water garden, fishpond, etc. on the premises, or the body of water is within the fenced-in play area, an exception must be requested. The request for exception will need to include a detailed plan for the protection of the children. Some of the items to be considered when writing or evaluating the exception request include:

The ages of the children as specified in the terms of the license
The location of the water garden, fish pond, etc. in relation to the usual play area of the children
The location of the exits from the building and the play area in relation to the water garden, fish pond, etc.
Any other circumstances which may affect the safety of the children.
The compliance history of the center with respect to supervision of the children and previous enforcement actions.

The exception request must include the condition that the provider or other adult be outdoors with the children under sight and sound supervision at all times. The exception request must be reviewed by the regional licensing manager and shall be periodically reviewed by the licensing specialist and manager to ensure that the circumstances of the exception remain essentially the same. Exceptions may be granted on a case-by-case basis as determined by the regional licensing manager.

Failure to comply with the conditions of the exception could result in withdrawal of the exception and/or initiation of other enforcement actions such as forfeiture or revocation of the license.

See DCF 250.06 (12) (a) – ON-PREMISE SWIMMING POOL – USE AND ENCLOSURE; and DCF 250.06 (2) (i) – HOT TUB – COVERED OR FENCED.

(f) A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.

(g) Differences in elevation of more than 18 inches, either indoors or outdoors, including open sides of stairways, elevated platforms, walks, balconies, and mezzanines used by children shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.

DCF 250.06(2)(g) Commentary: Although the Wisconsin Uniform Dwelling Code in SPS 321.04 (3) requires guardrails whenever a difference in elevation (indoors or outdoors) exceeds 24 inches in height, the department requires railings with differences in elevation of more than 18 inches. Railings and guardrails that are present in a facility, regardless of whether they are required, must meet the requirements specified in the rule.

If it is a commercially manufactured piece that meets American Society for Testing Materials (ASTM) standards, as proven by documentation regarding height requirement, we would accept without exception. If it does not meet the ASTM standards, then you must meet rule requirements.

(h) Smoking is prohibited anywhere on the premises of a center or in a vehicle used to transport children when children are in care.

DCF 250.06(2)(g) Commentary: Use of vapes, electronic cigarettes, or other smoking devices is prohibited on the premises when children are present.

Note: Section DCF 250.03 (26) defines “premises” as a building and the tract of land on which the building is located.

(i) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.

(j) If a hot tub is located in a room or area that is not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.

DCF 250.06(2)(j) Commentary: A lock that cannot be opened by children will be considered inaccessible to children.

(k) The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.

DCF 250.06(2)(k) Commentary: The rule does not require that the whole room or total outside wall be refinished. The area of flaking or deteriorating paint should be refinished in a manner that protects the children in care.

Administrative Rule DHS 163 applies to child care centers when renovation or repair is made to any surface where 6 sq. ft. or more of interior paint or 20 sq. ft. of exterior paint is disturbed in a building that was built prior to 1978. Any renovation or repair that involves windows in a building built prior to 1978 must also be conducted in accordance with DHS 163.

See Appendix D, Resources List, Guidance for Child Care Providers Regarding Lead-Based Paint Hazards in Child Care settings.

LEAD PAINT: Homes which were built prior to 1980 may contain lead-based paint. The licensee should check with the local city or county health department for the proper procedure to eliminate lead.

Alligator paint cracking, a pattern resembling small interconnected squares or scales, is a strong indicator of lead-based paint, particularly on surfaces in homes built prior to 1980.

When painted surfaces (built-ins, walls, ceilings, floors, stairs) are torn out or old paint is sanded, it is strongly recommended that abatement practices be initiated. When painted surfaces are peeling or deteriorating, samples of paint chips may be analyzed by the Laboratory of Hygiene in Madison or another certified laboratory.

For more information on asbestos or lead regulations, training, certification, work practices, inspections, or other related questions, please contact the Division of Public Health, Bureau of Environmental & Occupational Health, Asbestos And Lead Unit, phone: 608-261-6876, fax: 608-266-9711, email: dhsasbestoslead@dhs.wisconsin.gov.

(L)1. A family child care center in a one-family or two-family residence shall have a carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

2. A family child care center in a building with at least 3 residential units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

(m) The premises shall be well-drained, free from litter and vermin, in good repair, and maintained in a sanitary condition.

DCF 250.06(2)(m) Commentary: “Well-drained” means no standing water; considerations may be given to the time of year and current weather conditions.

Vermin is defined as any of various insects, bugs, or disease carrying animals such as mice, rats, weasels, flies, or roaches. This list is illustrative and should not be considered all-inclusive.

An integrated pest management program is recommended to reduce unnecessary exposure to pesticides.

The exterior of the building should be free of openings around cables and utilities, under doors, or broken windows. The garbage storage area should be free of litter, rubbish piles, burrow holes, and animal droppings and should be rodent proof. Covered containers are recommended.

"In good repair" means that there are no situations such as, but not limited to, broken windows, holes in walls, doors, door latches, steps and railings; torn linoleum or missing tiles; leaking roofs; or flooding or leaking basements.

(n) 1. a. Each licensee shall test or have a test conducted for radon gas levels in the lowest level of the center that is used by children in care for at least 7 hours per week. The test shall be conducted for a minimum of 48 hours with the center’s windows closed.

DCF 250.06(2)(n)1 Commentary: Many family child care centers are located in residential buildings. A “residential building” means a building that meets the definition of a “dwelling" in s. 101.71(2), Wis. Stats. Radon testing with a home test kit can range from $10 to $30 per test. When using a certified measurement professional, the price can range from $125 to $150 for a residential building. Follow the instructions included with a home test kit. If you operate a family child care out of a commercial building, see commentary under DCF 250.06(1)(a).

When testing a building for radon, the state of Wisconsin recommends using a certified measurement or mitigation professional who holds a certification from the National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB). Certified contractors are more likely to understand best practices for radon measurement. If you choose to hire a certified radon professional to conduct the radon test in your center, it is recommended to follow all recommendations made by the certified radon professional. A list of certified radon measurement and mitigation contractors can be found on the Department of Health Services’ website.

The best time to test is during the fall or winter months when the home or building is closed, and windows are not kept open. Radon levels will be the highest during these cold months. However, radon tests can be conducted any time of year if the windows and doors remain shut for 12 hours before and the entire duration of the test (minimum of 48 hours). Radon levels can go up and down due to weather patterns and home use like running HVAC, opening windows, and turning on fans. Avoid testing for radon during snow, rain, or windstorms as this can impact the test results and cause short term spikes/elevations in radon levels. It is recommended to test over a weekend so that the test is not disturbed.

Radon tests should be conducted in all dwellings and all nonresidential rooms that are occupied, or intended to be occupied, that have floors or walls in contact with the ground or are the lowest level of the building over a crawl space, utility tunnel, parking garage or other non-habitable space that is in contact with ground.

For residential homes, test in the lowest level that serves, or could serve as, a living area, sleeping quarters, office, playroom or otherwise be occupied for residential use at some time in the future. The test should be placed at least 20 inches above the floor in a location where it will not be disturbed (away from drafts, high heat, high humidity, and exterior walls). Unless for investigative purposes, do not test for radon in hallways, closets, bathrooms, or shower areas unless they are open to other rooms that are occupied for other purposes.

Radon measures higher in basements, cellars, and living spaces in contact with the ground. Providers may use the lowest level of their home with their family but not with enrolled children during licensed hours. In this case, providers can choose to test in a lower level that is not used by children in care for at least 7 hours per week.

If you care for children in a residential or commercial building that already has a radon mitigation system or a continuous radon detection monitor, it will still be required to continue testing the building for radon every 2 years, or after any renovations are made on the home or building. This ensures that the mitigation system and/or radon detection monitor is properly installed and working. The only way to know if the building has high levels of radon is to test.

b. In a center licensed prior to the effective date of this subd. 1. [March 1, 2023], a test for radon gas levels shall be conducted no later than 6 months after the effective date of this subd. 1. [September 1, 2023].

c. In a center licensed on or after the effective date of this subd. 1. [March 1, 2023], a test for radon gas levels shall be conducted within 6 months prior to providing care for children.

2. The licensee shall submit a copy of the radon test results under subds. 1. and 5. To the department within 5 days after receipt.

3. The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd. 4. b.

4. If the levels of radon gasses exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following:

DCF 250.06(2)(n)4 Commentary: For the purposes of licensing, the overall average of the radon test is the measurement used to determine the threshold for mitigation.

a. Notify the parents of children in care.

b. Have a radon mitigation system installed, test for radon gas levels following the procedures specified in subd. 1. a. and submit radon test results that meet the standard in subd. 3. to the department within 12 months after the date of the test under subd. 1.

DCF 250.06(2)(n)4.b. Commentary: When mitigating a building for radon, the state of Wisconsin recommends using a certified measurement or mitigation professional who holds a certification from the National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB). Certified contractors are more likely to understand best practices for radon mitigation. In the state of Wisconsin there are no laws requiring radon mitigation companies to be certified. This can result in uncertified and inexperienced contractors throughout the state offering low priced radon systems that are installed incorrectly, leaving the consumer at risk of paying for a poorly installed system that doesn’t effectively remove radon. Using a certified contractor will reduce the risk of having a radon mitigation system installed incorrectly. A list of certified radon measurement and mitigation contractors can be found on the Department of Health Services’ website.

Child care centers will not be required to close if radon test results exceed 4 picocuries per liter of air. Licensees will be required to follow all other requirements specified in subd. 4.

Radon Information Centers are located across the state and are available to providers as a resource. Find your local Radon Information Center.

5. The licensee shall test radon gas levels in the center every 2 years after the test under subd. 1 or, if a radon mitigation system was installed, every 2 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.
Note: For more information, contact the state radon office or local radon information center.

(3) Emergency plans and drills.

(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including a fire, a tornado, a flood; extreme heat or cold; a loss of building services, including no heat, water, electricity, or telephone; human-caused events such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include specific procedures that address all of the following:

1. Evacuation, relocation, shelter-in-place, and lock–down.

2. Ensuring that the needs of infants and toddlers, children with chronic medical conditions, and children with disabilities are met.

3. Communication with parents.

4. Connecting children with their parents if the center is required to evacuate the building.

5. Continuity in operations, including steps the center will take to demonstrate that they are prepared to resume business, when possible, following an emergency.

DCF 250.06(3)(a)5 Commentary

The center emergency plan should address all the emergencies identified above that might occur at the center (e.g., if the center is not located in an area that is subject to floods, the emergency plan does not need to address floods). The plan should include staff member duties and responsibilities; exiting on all levels used by children in care; and identifying items that are recommended to be with the provider, such as an attendance list, emergency cards, flashlight, battery operated radio, or cell phone. The recommended exit time during a fire drill is 2 minutes maximum. The tornado shelter area should be accessible and free of hazards during tornado season.

Children are not required to exit the building completely during a fire drill in winter or inclement weather; however, they should be directed to proceed to the nearest exit and staff should review with the children how an actual fire would affect the program (e.g. children shall not take the time to put on their coats before evacuating a building).

For more information on emergency plans, see:

Wisconsin Department of Military Affairs, Division of Emergency Management .
Wisconsin Department of Children and Families, Emergency Preparedness and Response in Child Care.
Child Care Information Center, 1-800-362-7353.

See DCF 250.10 – ADDITIONAL REQUIREMENTS FOR NIGHT CARE.

(b) The center shall practice the fire evacuation plan monthly, and the tornado plan monthly from April to October, with all volunteers, employees, and enrolled children and shall document when the plans were practiced.
Note: The licensee may use either the department’s form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee’s own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department’s form is available at Department of Children and Families - Forms Search on the department's website, or from any regional licensing office in Appendix A.

DCF 250.06(3)(b) Commentary: Licensing specialists may ask a center to conduct a fire and/or drill during a licensing visit.

(4) Fire protection.

(a) 1. A center shall have a smoke detector installed according to the manufacturer’s instructions and maintained in operating condition at the head of every open stairway, on each level of the center, and in all areas used for nap or rest periods.
Note: The smoke detector at the head of an open stairway may also serve as the smoke detector for that level.

DCF 250.06(4)(a)1 Commentary: Chapter SPS 320 of the Uniform Dwelling Code defines a stairway as one or more risers and the necessary treads, which forms a continuous passage from one elevation to another.

Standard placement of a smoke detector is within 6 feet of the head of a stairway per the Wisconsin department of safety and professional services.

2. A center shall have an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below ground level.

DCF 250.06(4)(a)2 Commentary: In this section, an interconnected smoke detection system means a system where smoke detectors located on each level of the building are connected so that all connected detectors sound an alarm when one detector is activated. The system does not necessarily need to be connected to the electrical system of the house or apartment (e.g., radio-controlled or battery-operated). An interconnected smoke detector is not required in the attic portion of a house. Additional battery-operated, stand-alone detectors may be used in addition to an interconnected system.

MEASUREMENTS TO DETERMINE WHETHER A LEVEL IS MORE THAN 6 FEET ABOVE OR BELOW THE GROUND LEVEL:

WINDOW EXITING (below ground level):

If the window exits into a window well, the first measurement taken is from the floor of the child care space to the bottom of the exit window. The next measurement is on the outside of the building from the floor of the window well to the ground outside the window well. If these measurements combined are more than 6 feet, an interconnected smoke detection system is required.

If the window exits directly to the ground (without a window well), the measurement is from the floor of the child care space to the bottom of the exit window. If the measurement is more than 6 feet between the floor of the child care space and the ground outside the window, an interconnected smoke detection system is required.
STAIR EXITING (above or below ground level): In cases where stairs are used for exiting you measure the riser height of one stair and multiply by the number of steps to get the total height (e.g., each riser is 6” X 13 steps = 78”. 78” divided by 12” = 6 ½ feet which is more than 6 feet and therefore an interconnected smoke detector would be required.)

If any of these measurements total less than 6 feet, the center may care for any number of children under two years per staff-to-child ratios without interconnected smoke detectors.
An exception is not required if a provider’s own child under age 2 sleeps in their own bed on the second floor of the child care center and the center is not equipped with interconnected smoke detectors. The licensee should have a plan if an emergency evacuation is necessary.

See DCF 250.06 (7) (a) 7. a. – CARE PROVIDED IN BASEMENT – PRIMARY EXIT; DCF 250.06 (7) (a) 7. b. – CARE PROVIDED IN BASEMENT – SECONDARY EXIT; DCF 250.055 (2) (d) – CARE PROVIDED ABOVE OR BELOW GROUND LEVEL; and DCF 250.06 (1) (a) – COMMERCIAL BUILDING CODE.

3. All smoke detectors shall be tested monthly, and a record shall be kept of the time, date, and results of the test. A smoke detector shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative.
Note: The licensee may use either the department’s form, DCF-F-CFS0460 Safety and Emergency Response Documentation – Family Child Care Centers, or the licensee’s own form to record the results of smoke detector test.

4. The battery in a single-station battery-operated smoke detector shall be replaced at least once each year.

DCF 250.06(4)(a)4 Commentary: For questions regarding the appropriate placement of smoke detectors, contact your local fire department.

Providers may record annual battery replacements on the department form, Safety and Emergency Response Documentation - Family Child Care Centers, or on an equivalent form of the provider’s creation.

If the smoke detector has a 10-year internal battery, providers should record the date of which the smoke detector was installed.

An attached garage does not require a smoke detector unless it is identified as usable child care center space. If an attic is used only for storage, a smoke detector is not required.

If a second floor or other level of a house is rented to another occupant, statutes require each residence to have a smoke detector. See s. 101.645, Wis. Stats. If the center and the other occupant of the building have different addresses, DCF 250 does not apply to the 2nd address.

A door serving as a smoke barrier is not required between the basement and first floor. See DCF 250.06 (4) (e) – SMOKE DETECTION SYSTEM – CARE PROVIDED ABOVE OR BELOW GROUND LEVEL.

AREAS USED FOR NAP OR REST: If bedroom doors are kept open, neither a battery-operated nor an interconnected smoke detector is required in the sleeping room. However, one is required in the immediate area. If bedroom doors are closed, one battery-operated smoke detector or the interconnected smoke detector must be in the room used for sleeping even if there is an interconnected system outside the room.

BEEPING OR CHIRPING ALARMS: If a smoke detector beeps or sounds another type of signal indicating a potential malfunction, the detector must be replaced or repaired and is not considered in operating condition at that time

(b) An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.
Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.

DCF 250.06(4)(b) Commentary: The provider may perform the annual inspection of the extinguisher by reading the gauge. It is recommended that the extinguisher be rotated slowly before checking the gauge. Professional inspection of the extinguisher is recommended. It is recommended that fire extinguishers be recharged or replaced every 5 years. It is recommended that the fire extinguisher be easily accessible in or near the kitchen.

Compliance with annual inspection requirements may be demonstrated by recording the inspection date on the tag of the extinguisher or on the Safety and Emergency Response Documentation – Family Child Care Centers form. See Appendix F, Instructions for Obtaining Department Forms.

A larger extinguisher may be used without an exception

DCF 250.06(4)(c) Commentary: If there are concerns regarding the installation of vented gas, oil, or kerosene space heaters, providers may be asked to obtain written documentation that it was properly installed.

Electric space heaters should have an automatic shut off.

Flammable materials should be kept away from space heaters.

See DCF 250.06 (2) (a) – ELECTRICAL OR HOT SURFACE PROTECTION.

(d) A woodburning stove may be used only if it meets standards specified under s. SPS 323.045.

DCF 250.06(4)(d) Commentary: If there are concerns regarding the installation of stoves, providers may be asked to obtain written documentation that it was properly installed. External woodburning furnaces do not need written approval. Treated or painted wood should not be burned because of the chemical fumes. Treated wood is green, yellow, or brown.

Stoves located in areas of the center accessible to children that are hot to the touch when used should be guarded as specified in DCF 250.06 (2) (a) – ELECTRICAL OR HOT SURFACE PROTECTION.

(6) Water.

(a) A safe supply of drinking water shall be available to children and staff at all times from a drinking fountain of the angle jet type or by use of a disposable or reusable cup or water bottle. Common use of drinkware is prohibited.

DCF 250.06(6)(a) Commentary: If a building is closed and unused for an extended period (i.e., one week or longer), the Environmental Protection Agency (EPA) recommends flushing the building’s plumbing before reopening. Flushing involves opening taps and letting the water run to remove stagnant water from the interior pipes.

Some municipalities may have differing recommendations based on the period the building was closed. It is recommended that you contact your local municipality to check recommendations.

It is recommended that any drinking or cooking water outlets are flushed for at least 30 seconds before use. Water fountains with a refrigeration cooler are recommended to be flushed for at least 15 minutes.

Flushing water systems can increase the amount of debris found in faucet aerators. It is recommended to remove and clean aerators after flushing water systems.

(b) If a center gets its water from a private well, the center shall comply with all of the following:

1. a. The center shall have water samples from the well tested for total coliform and Escherichia coli (E. coli) bacteria annually using a laboratory certified by the Department of Agriculture, Trade and Consumer Protection as specified in ch. ATCP 77. The laboratory report shall be available to the department upon request.

b. If the water test results indicate the presence of total coliform or E. coli bacteria, the water system shall be appropriately disinfected or treated and retested until it is determined to be free of bacteria. An alternative source of water shall be used for drinking and preparing food or infant formula until the well is free from bacteria.
Note 1: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website.
Note 2: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.

DCF 250.06(6)(b)1.b. Commentary: Total coliform and E. coli tests are sometimes run concurrently. If the sample tests negative for total coliform, the sample is also negative for E. coli.

2. a. The center shall have water samples from the well tested for nitrate annually using a laboratory certified under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate nitrate levels are above 10 mg/L, an alternative source of water shall be used for drinking and preparing food or infant formula until nitrate levels are below 10 mg/L.
Note 1: A list of laboratories certified to test for nitrate can be found on DNR’s website.
Note 2: Alternative sources of drinking water include bottled water, water that has been treated with a device certified by the Department of Safety and Professional Services to remove nitrate, and water from a public water system that meets drinking water standards.

3. a. The center shall have the well tested for lead every 5 years using a laboratory certified by the Department of Natural Resources under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate lead levels are above 15 micrograms per liter (μg/L), an alternative source of water shall be used for drinking and preparing food or infant formula until action is taken to reduce lead levels below 15 μg/L as confirmed by an additional water test.
Note 1: A list of laboratories certified to test for lead can be found on DNR’s website.
Note 2: Alternative sources for drinking water include, but are not limited to, bottled water, and water from a source known to be low in lead, such as a public water system that meets drinking water standards.

(7) Exits, doors, and windows.

(a) Exits.

1. All exits shall be clear of obstructions.

DCF 250.06(6)(a)1 Commentary: Exits, including window wells that are accepted as exits, may not be blocked, inside or outside, with snow or other obstructions.

Plastic sheeting that covers a window on the inside of the building is acceptable; however, plastic sheeting that covers a window from the outside is not permitted.

2. Each floor or level occupied by children shall have at least 2 exits.

DCF 250.06(6)(a)2 Commentary: Use of a one-exit basement as an emergency shelter during tornadoes and similar emergencies is allowed. Use of a one-exit level is prohibited for any other purpose.

3. Exits shall be located as far apart as practical.

4. The width of every exit door shall be at least 2 feet 6 inches.

5. The primary exit shall be a door or stairway providing unobstructed travel to the outside of the building at street or ground level.

6. 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 complying with sub. (2) (g), which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above ground level.

c. Except in an upstairs duplex, a window that is not more than 46 inches above the floor, capable of being opened from the inside without the use of a tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height.

DCF 250.06(6)(a)6.c. Commentary: A nominal window opening is the size of the exiting area when the window is open.

The window must be capable of being opened from the inside by an adult. This includes storms and screens. If the storm or screen cannot be opened from the inside, the storm or screen may not be installed on the window serving as a second exit.

An exception may be granted to the exact dimensions of the window if the manufacturer identifies the window as being acceptable as an egress window and it provides a window area equal to or larger than that specified in the rule and still permits the children in care to exit. The provider should develop a plan for exiting from the secondary exit after consulting with the local fire department, and it is recommended this be addressed in the center policies.

d. A center located in the upstairs unit of a duplex shall have 2 exits leading directly to the ground floor or to a platform as described in subd. 6. a. and b.

7. If care is provided in a basement, all of the following apply:

a. The primary exit shall be a door or stairway that provides unobstructed travel to the outside of the building at street or ground level.

b. The secondary exit shall be either a door or stairway leading to the ground level or 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 nominal 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.

DCF 250.06(6)(a)7.b. Commentary: In the case of a basement, if a window is being used as the second exit, the window must meet the requirements of DCF 250.06 (7) (a) 7. b. – BASEMENT – SECONDARY EXIT. The bottom of the window may not be more than 46 inches from the floor of the basement or there must be a permanently fixed platform. If a window well depth is greater than 46 inches, there must be a fixed platform, ladder or steps to assist the children in exiting the window well.

(b) Doors and windows.

1. Every closet door latch shall be capable of being opened by children from inside the closet.

2. Every toilet room door lock shall be designed to permit the locked door be opened from the outside in an emergency, and the opening device shall be readily accessible to a provider.

3. Windows that are capable of being opened and located in areas of the center that are accessible to children shall have screens.

DCF 250.06(6)(b)3 Commentary: If a window is locked or sealed shut and is not capable of being opened, it does not need a screen.

(9) Food preparation and service.

(a) Equipment and utensils for preparing, serving and storing food shall be clean and equipped for the safe handling of food. Eating surfaces shall be washed before use.

DCF 250.06(9)(a) Commentary: Eating surface includes tables and high chairs. It is recommended to use a two-step process of washing and sanitizing. Products including a cleaner and sanitizer could be used two times—the first to clean the surface and the second to sanitize the surface.

Children may not be at the table when staff are sanitizing.

See Appendix D Resources List, Cleaning, Sanitizing and Disinfecting in Child Care Centers. Only approved sanitizers may be used for eating surfaces and food preparation surfaces.

(b) Reusable eating and drinking utensils shall be thoroughly cleaned with detergent and hot water and rinsed after use. Single use articles such as food containers designed to be used only once and discarded including plastic silverware, paper or styrofoam cups and plates may not be reused.

DCF 250.06(9)(b) Commentary: A single-use plastic container may not be used to store food if it originally contained nonfood products. A single-use plastic container used by the processor to package food may be reused for food storage if the container is smooth, easily cleanable and durable. “Cool Whip” containers and deli containers are acceptable. Single-use food storage bags are acceptable. Bags with a zip-type closure are recommended.

(c) Food shall be clean, wholesome, free from spoilage and from adulteration and misbranding, and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs, and dairy products shall be from an inspected source.

DCF 250.06(9)(c) Commentary: Meat and poultry must be processed in a facility inspected by the USDA or the state.
Home-frozen foods are acceptable.

Home-canned foods may not be used for children in care except for high-acid foods including apples, apricots, berries, cherries, grapefruit, peaches, pineapple, rhubarb, and tomatoes.

Fresh produce from a farmer or the provider's garden is acceptable. Home-raised eggs are acceptable by exception with written parental notification and, if participating in the CACFP, food program permission.
Food served from a single-use container may not be saved for later consumption.

See Appendix D, Resources List, Safe Food Storage.

(d) Food shall be covered and stored at temperatures that protect against spoilage. Refrigerators shall be maintained at 40 degrees Fahrenheit or lower and freezers shall be maintained at 0 degrees Fahrenheit or lower.

DCF 250.06(9)(d) Commentary: Thermometers are recommended for each cold storage compartment to ensure that the appropriate temperature is maintained.

Prepared food should not be allowed to sit out on counters for more than 2 hours. Frozen foods shall be thawed in the refrigerator, under cold running water, or on the defrost setting in a microwave oven. No frozen, potentially hazardous food may be defrosted by leaving it at room temperature. Food should be maintained at temperatures below 40º F. or above 140º F. “Potentially-hazardous food” includes all milk and milk products, meat, fish, shellfish, gravy, poultry stuffing and sauces, dressings, salads containing meat, fish, eggs, milk or milk products, and any other food or food product likely to spoil quickly if not kept at the proper temperature.

See Appendix D, Resources List, Safe Food Storage

(e) Extra food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.

(f) Food shall be provided based on the amount of time children are in care, as specified in Table 250.06.

Table 250.06 Meals and snacks to be served to children.

Time present	Number of meals and snacks
At least 2½ 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
10 or more hours	2 meals and 2 or 3 snacks

(g) Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.

DCF 250.06(9)(g) Commentary: The 3-hour time determination is from the beginning of a snack or meal to the beginning of the next snack or meal.

It is recommended that staff document if and when a child refuses food by their own choice and goes more than 3 hours without eating.

(h) At a minimum, children shall be provided food for each meal and snack that meets the U.S. Department of Agriculture child and adult care food program minimum meal requirements.

DCF 250.06(9)(h) Commentary: According to changes to the minimum meal requirements specified by the USDA, milk served to children over age 2 must be 1% or fat-free (skim) milk. Beverages that are full-strength fruit or vegetable juice, or juices labeled “100% juice,” may be served to meet USDA Child and Adult Care Food Program (CACFP) requirements for a fruit or vegetable component. Other beverages, such as water, may be served in addition to the required components.

When a program that operates for fewer than 2-1/2 hours chooses to serve a snack or has a snack provided by parents for all children, the snack must meet the USDA food program requirements.

If meals are served pre-plated, all the required food items and amounts of food are served to the child at the same time. For example, a 4-year-old child must receive at the minimal on their plate for a noon meal the following: 1 ½ ounce meat/meat alternate; a total of ½ cup of at least 2 different fruit/vegetable items (e.g., ¼ cup peaches and ¼ cup mashed potatoes); ½ slice bread; and ¾ cup milk. The milk must be served with the meal and may not be withheld.

If meals are served family style, all the required food items amounts must be made available. For example, there are ten 4-year-old children present which requires a total of 2 ½ cups each of two types of fruit/vegetable. The menu has broccoli so at a minimal there should be 2 ½ cups cooked broccoli available. Since the children may not consume the entire 2 ½ cups, the center may bring 2 cups to the dining area and keep the remaining ½ cup cooked broccoli in the kitchen in case the children want it. Milk must be served with the meal and may not be withheld.

Note: The USDA meal program requirements are found on the U.S. Department of Agriculture website.

(i) Additional portions of vegetables, fruits, bread, and milk shall be available.

DCF 250.06(9)(i) Commentary: The amounts indicated on the CACFP minimum meal requirements are used for determining amounts of food that must be prepared and are not considered “helpings." It is recommended that small portions of all food items be served and that seconds be available.

(j) Accurate records of meals and snacks served to children shall be available for review by parents and the licensing representative. Written records of meals and snacks served to children shall be retained for 3 months.

DCF 250.06(9)(j) Commentary: Documentation could be attained through food program records, written menus, or a calendar listing meals and snacks served. Menus are not required to be posted. For providers participating in the CACFP, the USDA master plan is acceptable as long as it reflects meals actually served. The record must contain the meal number and the center must have a list of the meal numbers available for review by parents and the licensing staff. If the provider changes items on the plan, those changes must be documented on the meal record no later than the end of the meal. If children bring their own lunch, no documentation is required.

(k) When food for a child is provided by a child’s parent, the licensee shall give the parent information about the requirements for food groups and quantities specified by the U.S. Department of Agriculture child and adult care food program minimum meal requirements.

DCF 250.06(9)(k) Commentary: Visit CACFP minimum meal requirements for infants for more information.
For information regarding meal requirements for children visit CACFP minimum meal requirements for children.

(L) A child enrolled in school who is in attendance at the center when a meal or snack is served shall be offered the meal or snack.

(m) A special diet based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written authorization of a child’s physician and upon the request of the parent.

DCF 250.06(9)(m) Commentary: Examples of special diets based on a medical condition are food delivered by feeding tubes, diabetic, gluten free, lactose intolerance, etc. Pediasure or Ensure may be used as part of a special diet.

(n) A special diet based on a food allergy may be served upon the written request of the parent.

(11) Outdoor space.

(a) Requirement for outdoor play space. A center shall have outdoor play space if any child is receiving care for more than 3 hours a day.

DCF 250.06(11)(a) Commentary: Three hours means three consecutive hours. When a program is exempt from meeting the requirement for outdoor space by virtue of three or fewer hours of operation, but chooses to provide an outdoor play period, rules on outdoor space apply.

(b) Required features of outdoor play space. Except when an exemption is requested and approved by the department under par. (c), a center shall comply with all of the following requirements for outdoor play space:

DCF 250.06(11)(b) Commentary: If more than one family child care center is using an outdoor play space, the center needs to have a scheduled outdoor play time separate from the other group of children. Staff-to-child ratios must be maintained.

1. The outdoor play space shall be on the premises of the center.

2. There shall be at least 75 square feet of outdoor play space for each child based on the center’s licensed capacity.

3. Structures such as playground equipment, railings, decks, and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain at least every 2 years.

DCF 250.06(11)(b)3 Commentary: If your wood structure was built before 2004 and is not made of cedar or redwood, it was most likely constructed with CCA-treated lumber. If you are unsure if the wood structure has CCA-treated lumber, it is recommended that the structure is sealed with an oil-based sealant or stain.

It is recommended that providers document in their personal records when the structure was sealed.

See Appendix D, Resources List, What You Should Know About CCA-Pressure Treated Wood for Decks, Playgrounds, and Picnic Tables.

3m. Wood treated with creosote or pentachlorophenol (PCP), including railroad ties, may not be used in areas accessible to children.

DCF 250.06(11)(b)3m Commentary: Wood treated with the oil-based products creosote and pentachlorophenol (PCP) can also be toxic. These chemicals are typically found in railroad ties and utility poles. Structures made with these materials cannot be adequately sealed and will be considered a hazard. Children should not be permitted to come in contact with wood treated with either of these products.

4. A permanent enclosure not less than 4 feet high shall be provided to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.

DCF 250.06(11)(b)4 Commentary: The 4-foot minimum height requirement must be maintained. A fence or other permanent enclosure that has settled over time and is no longer a minimum of 4-feet in height must be repaired to meet the 4-foot requirement, as measured from inside the enclosure. Materials added to the ground on the inside of the fence may affect the 4-foot minimum height requirement by decreasing the height of the fence. The department recommends a fence higher than 4-feet in height due to settlement that occurs with Wisconsin weather.

5. Concrete and asphalt are prohibited under climbing equipment, swings and slides.

DCF 250.06(11)(b)5 Commentary: Asphalt and concrete are unsuitable for use under and around playground equipment UNLESS required as a base for a shock-absorbing unitary material that meets ASTM requirements and manufacturer recommendations.

The Consumer Product Safety Commission has a publication titled, “Outdoor Home Playground Safety Handbook” available on their website. Energy-absorbing ground cover beneath slides, climbing equipment, and swings is recommended to the depth of at least 6 inches and within a fall zone of at least 4 feet.

DCF 250.06(11)(c) Commentary: If on-premises play space is available, an exemption to use off-premises play space will not be approved. An exemption for the use of off-premises play space will not be granted based solely on a restriction by a community (a covenant) for installing a fence. The licensee has other options beyond installing a fence to enclose outdoor play space such as the use of landscaping and plants.

See DCF 250.06 (11) (b) 4. – OUTDOOR PLAYSPACE – ENCLOSURE.

1. In this paragraph, “main thoroughfare” means a heavily traveled street or road used by vehicles as a principal route of travel.

2. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under subd. 3. for the center’s outdoor play space.

3. A request for an exemption under subd. 2. shall be in writing and shall be accompanied by a plan for outdoor play space that does all the following:

a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.

b. Provides for adequate supervision of the children as specified in Table 250.055.

c. Provides for daily vigorous exercise in the out-of-doors for the children.

d. Describes the arrangements to meet the toileting and diapering needs of the children.

e. Affirms the center’s compliance with the requirements included in subds. 4. to 7.
Note: Send the request for an exemption, including the plan for the use of that space, to the licensing representative at the appropriate regional office of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

4. The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced swimming pools, heavily wooded areas and nearby highways and main thoroughfares.

5. There shall be at least 75 square feet of play space for each child using the space at a given time.

6. No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.

7. When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.

8. A center’s plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements under par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and deny the request for exemption. The department shall notify the center in writing of its decision and if it does not grant an exemption, shall state its reasons for not granting the exemption.

9. If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department’s licensing representative any significant change in any circumstance described in the plan.

(12) Swimming areas.

(a) Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be enclosed by a 4-foot fence with a self-closing, self-latching door. In addition, all of the following restrictions apply:

DCF 250.06(12)(a) Commentary: Swimming pools on the premises may be used by the provider’s own children over the age of 7 years during the hours of operation. The licensee must continue to maintain compliance with supervision and pool rules listed in this section when their own children are in the pool.

“Self-closing” means that the door is weighted so that it will close and latch on its own without assistance.

A self-closing, self-latching door is not required if the pool enclosure meets subd. 4.

1. If access to the pool is through a gate, the gate shall be closed and locked during the center’s hours of operation.

2. If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.

3. Locks shall be located so that the locks cannot be opened by the children.

4. The free-standing wall of an above-ground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.

5. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.

(b) A wading pool on the premises may be used if the water is changed daily and the pool is disinfected daily. Supervision requirements and staff-to-child ratios under s. DCF 250.055 (1) and (2) shall be met.

DCF 250.06(12)(b) Commentary: See DCF 250.03(38) – DEFINITION – WADING POOL.
The provider must be able to demonstrate that the pool can be easily dumped, appropriately cleaned, and disinfected daily.

The American Academy of Pediatrics, the American Public Health Association, and the National Resource Center for Health and Safety in Child Care and Early Education, in the collaborative book Caring for Our Children: National Health and Safety Performance Standards, Guidelines for Early Care and Education Programs, state that the use of wading pools for children is not recommended. Standing water, in addition to posing a risk of drowning, is a breeding ground for bacteria and disease-carrying insects. Instead, sprinklers, hoses, or water tables may be used as an alternative for water play.

(c) A pool, wading pool, water attraction, or beach that is not located on center premises may be used by children if all of the following conditions are met:

DCF 250.06(12)(c) Commentary: ATCP 76.04(53) "Water attraction" means a public facility with design and operational features that provide patron recreational activity other than conventional swimming and involves partial or total immersion of the body. Types of water attractions include activity pools, interactive play attractions, leisure rivers, plunge pools, vortex pools, vanishing edge pools, waterslides, run-out slides, drop slides, pool slides, wave pools, zero-depth entry pools, and any public pool with play features except wading pools.
“Water attraction” does not include splash pads.

1. The construction and operation of the pool meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools and the beach complies with any applicable local ordinance.

2. Certified lifesaving personnel are on duty.

DCF 250.06(12)(c)2 Commentary: Lifeguards are required when children are in the water. Lifeguards may not be counted in the staff-to-child ratio.

3. While children are in the water of a pool, wading pool, water attraction, or beach, the following staff-to-child ratios for providers who can swim shall be met:

DCF 250.06(12)(c)3 Commentary: See Appendix F, Instructions for Obtaining Department Forms for information on how to obtain a swimming staff-to-child ratio worksheet.

Swimming staff-to-child ratios do not apply to organized swim lessons, but regular staff-to-child ratios should be maintained in or near the pool area

a. For children under 2 years of age: 1:1.

b. For children 2 and 3 years of age years of age: 1:3.

c. For children 4 and 5 years of age: 1:6.

d. For children 6 years of age and older: 1:8.

4. When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on the number of children in the water and each child’s age.
Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department upon request. Requests may be made to the licensing representative or regional office in Appendix A.

DCF 250.06(12)(c)4 Commentary: The department’s form DCF-F-2465 Staff-to-Child Ratio While Swimming Worksheet is available at Department of Children and Families - Forms Search on the department's website.

5. A child shall be restricted to the area of the pool or beach that is within the child’s swimming ability.

DCF 250.06(12)(c)5 Commentary

Swimming ability may be determined by the parents or the center.

The American Red Cross recommends assessing the following skills to determine swimming ability:

Enter the water that is over the individual’s head, then return to the surface.
Float or tread water for at least 1 minute.
Turn over and turn around in the water.
Swim at least 25 yards.
Exit the water.

More water safety tips and resources can be found on the American Red Cross’ website.

6. If some of the children are in the water and others are not, there shall be at least 2 providers supervising the children. One provider shall supervise the children who are in the water, and the other provider shall supervise the children who are not in the water.

DCF 250.06(12)(c)6 Commentary: It is recommended that centers develop and implement a written policy to specify procedures for supervision of children while using public locker rooms and bathrooms.

DCF 250.07 Program

(1) Program planning and scheduling.

(a) A provider shall plan activities so that each child may be or do all of the following:

1. Be successful and feel good about himself or herself.

DCF 250.07(1)(a)1 Commentary

Examples of activities that will encourage self-esteem and positive self-image:

Group activities, such as games and songs where children's names are used.
Use of the child’s name when speaking to the child or participating in group activities.
Display of children's art work with names or photographs of children at child's eye level.
Activities involving books, pictures and other authentically representative learning materials relating to minorities as well as majority enrollment of the community, and cultural, ethnic, sexual differences, and differing abilities.
Dramatic-play activities involving the use of mirrors, multi-cultural dolls, dress-up clothes representing both sexes, and other props.
Thoughtful verbal recognition of the child's ideas, expressions, and contributions.

2. Use and develop language.

DCF 250.07(1)(a)2 Commentary

Examples of activities that will encourage self-expression and communication skills:

Non-directed creative-art experiences.
Asking questions to elicit responses from children.
Encouraging children to participate in discussions and give attention to each speaker, including, planning for the day, field trips, etc.
Providing opportunities throughout the day for children to converse and share ideas with others.
Activities which will allow a child to enlarge his/her listening and speaking vocabulary.
Use of stories, poems, nursery rhymes, picture and child-made books.
Language development activities.
Auditory discrimination games and activities.
Labeling of objects, feelings, actions, expressions.
Puppet play, flannel boards.
Creative dramatics.
Mealtime conversation.

3. Use large and small muscles.

DCF 250.07(1)(a)3 Commentary

Examples of activities that will encourage large and small muscle development:

Large muscle: Use of large muscle equipment such as wooden hollow blocks, balls, climbing equipment, wheel toys, etc.; group activities (musical or non-musical) involving physical activity such as marching, skipping, jumping, dancing, physical fitness activities, tumbling, running; games that facilitate understanding of how our bodies move and that develop coordination, balance, strength, endurance.
Small muscle: Use of equipment and materials requiring manipulative skill such as puzzles small interlocking blocks, peg and lacing boards, etc.

4. Use materials and take part in activities that encourage creativity.

DCF 250.07(1)(a)4 Commentary

Examples of activities that will encourage creative expression:

Wide range of music, dance and movement activities.
Sand, water and block play.
Non-directive use of non-limiting materials such as clay, paint, crayons.
Woodworking.
Involvement with a variety of tools, materials, processes and techniques that involve the exploration of line, shape, color and texture.

5. Learn new ideas and skills.

DCF 250.07(1)(a)5 Commentary

Examples of activities that encourage new ideas and skills:

Science activities.
Sensory experience such as tactile, auditory, smelling activities.
Discrimination activities involving symbols, shapes, colors, serration, categorizing, matching, etc.
Reading and math readiness activities.
Language development activities.
Practical life experiences such as putting on-clothes, tying shoes, creating order in the room, and self-feeding.
Activities involving problem solving and memory skills.
Opportunities to explore the environment and find developmentally appropriate challenges.

6. Participate in imaginative play.

DCF 250.07(1)(a)6 Commentary

Examples of activities that will encourage imaginative play:

Dramatic play, such as housekeeping, store, pretending to cook, restaurant, post office, dress-up, and puppets.
Block building with accessories, such as vehicles, animals, traffic signs, and people.
Self-selected cooperative play experiences which give children opportunities to interact.
Mealtime conversation.
For infants - proximity to one another outside of cribs.
Selected activities for children age 3 and older in small groups such as cooking, science, nature, and circle games.

7. Be exposed to a variety of cultures.

DCF 250.07(1)(a)7 Commentary

Examples of activities that allow children to be exposed to a variety of cultures:

Books, pictures, and other authentically representative learning materials relating to minorities as well as majority enrollment of the community, and cultural, ethnic, sexual differences, and differing abilities.
Dramatic-play activities involving the use of mirrors, multi-cultural dolls, dress up clothes representing both sexes, and other props.

8. Develop literacy skills.

DCF 250.07(1)(a)8 Commentary

Examples of activities that encourage literacy:

Reading to children.
Use of flannel board stories.
Puppets.
Reading readiness activities, such as letter, name, color, and shape recognition.
Language development activities.
Book making activities.
Journaling and other writing opportunities.
Labeling items in the classroom.

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 or through the Child Care Information Center at 1-800-362-7353.
Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called First Step that is available to the public 24 hours a day, 7 days a week. When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. When a provider 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. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.

(b) A lead provider shall plan daily activities according to the age and developmental level of each child in care and shall include a flexible balance of all of the following:

DCF 250.07(1)(b) Commentary: The licensing specialist may monitor for compliance by talking with the provider or observation if a written activity plan is not available.

A daily activities plan would include a schedule, a summary of the kinds of activities which will be planned, such as outdoor play, group and individual activities, field trips, stories and other language development activities, music, art, and time for child-selected free play.

If children under two years of age are in care, the plan should also include time for one-on-one interaction between the provider and the infants and toddlers.

1. Daily indoor and outdoor activities when a child is in care for more than 3 hours except that outdoor activities are not required during inclement weather or when not advisable for health reasons.

DCF 250.07(1)(b)1 Commentary: See DCF 250.03 (15) – DEFINITION – INCLEMENT WEATHER. In the written health policy, the center determines the temperatures when children will go outside with no more than a 10-degree variation of the temperatures included in the definition. No exception is necessary as long as the variation is no more than 10 degrees. Consideration must be given to other conditions on the playground and include available shade, drinking water, protection from wind, etc.

The center may determine what would constitute a situation when it is not advisable to go outside for health reasons. Center policies should reflect what would prohibit a child from going outside for health reasons: e.g., a written request by a parent or a written statement by a medical professional. The family child care provider would need to determine how he/she is going to ensure that the other children in care are provided outdoor activities.

Daily physical activity is an important part of preventing excessive weight gain and childhood obesity. Some evidence also suggests that children may be able to learn better during or immediately after bursts of physical activity due to improved attention and focus. It is recommended that the center promote children’s active play every day. Children should have ample opportunity for vigorous activities such as running, climbing, dancing, skipping, and jumping. This could include two to three occasions of active play outdoors each day, weather permitting; two or more structured or caregiver/teacher/adult-led activities or games that promote movement over the course of the day—indoor or outdoor, and continuous opportunities to develop and practice age-appropriate gross motor and movement skills. It is recommended that children have time to play outdoors two times each day for at least 30 minutes per session unless the weather is inclement. Consideration must be given to other conditions on the playground and include available shade, drinking water, protection from wind, etc.

Center-provided and maintained selection of warm outer garments is recommended for children whose parents do not provide appropriate clothing for out-of-doors.

See DCF 250.07 (1) (b) – DAILY ACTIVITIES – PLAN FOR AGE & DEVELOPMENT LEVELS.

See Appendix D Resources List, Child Care Weather Watch – Wisconsin.

2. Active and quiet play.

3. Protection from excess fatigue and over stimulation.

4. Individual and group activities.

(c) Television, including videotapes and DVDs, may be used only to supplement the daily plan for children. No child may be required to watch television.

DCF 250.07(1)(c) Commentary: If used, screen time should complement the daily activities / curriculum but should not constitute a major portion of the program for children. Media should be rated to the age and developmental level of the child. It is recommended that children over 2 years of age be restricted to no more than 30 minutes of screen time each day. This includes time spent watching television, videos and sitting by a computer. It is recommended that children under 2 years of age not watch television or videos. Soap operas, game shows, situation comedies, talk shows, etc. are not appropriate when children are present.

See DCF 250.07 (1) (b) above.

(2) Child guidance.

(a) Each family child care center shall provide positive guidance and redirection for the children and shall set clearly specified limits for the children. A provider shall help each child develop self-control, self-esteem and respect for the rights of others.

(b) 1. In this paragraph, a “time-out period” means a break from the group that a provider offers a child to provide the child an opportunity to calm and regain composure while being supported by the provider.

2. A center may use a time-out period to handle a child’s unacceptable behavior only if all of the following conditions are met:

a. The child is 3 years of age or older.

b. The provider offers the child the time-out period in a non-humiliating manner.

c. The time-out period does not exceed 3 minutes.

d. The child is not isolated.

e. The child is not removed from room.

DCF 250.07(2)(b)2.e. Commentary

There are some scenarios in which there are grounds for a child to be removed from the classroom. If the child is putting themself or others in danger, the child may be removed from the area. Staff must ensure that staff-to-child ratios are being met at all times. After a child is removed, staff will assist the child in regaining their composure. Centers should have a plan in place to ensure that the child is returned to the classroom within 3 minutes.

If the child makes the choice that they would like to leave the classroom to go for a walk or visit the front office, staff may escort the child to that area.
In some circumstances, an exception for the removal of the child from the classroom may be considered if the child has had an evaluation that resulted in an Individualized Family Service Plan (IFSP) or Individual Education Plan (IEP). The following conditions must be met:

The IFSP or IEP indicates the removal of the child as one part of a plan to help the child learn to manage their behaviors.
The center identifies a person(s) who will be assigned the responsibility of supervising the child.
The center documents the removal of the child and the situation leading to the removal.
The center notifies the child’s parent of the removal of the child and the situation leading to the removal.
A copy of the documentation related to the removal of the child is submitted to the department within 24 hours of the removal of the child.
A copy of the IFSP or the IEP shall be available to all providers working with the child.
The exception is reviewed and reapproved periodically (recommended every 3 – 4 months).

Time out may be used if:

Use is identified in the center child guidance policy for specified types of behavior which child care workers wish to stop.
The behaviors are identified to children.
The child is within sight and sound and under the supervision of an adult.
The reason for the time out is explained to the child.
The provider has a conversation with the child to reflect on making better choices.
The child is transitioned back to an activity.

3. The procedures for time-out periods shall be included in the center’s written child guidance policy.

(c) 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 on the child.

2. Verbal abuse, threats or derogatory remarks about the child or the child’s family.

DCF 250.07(2)(c)2 Commentary: "Verbal abuse" means profane, insulting, or coarse language sometimes, but not always, delivered in a loud or threatening manner or language which is ego deflating, causing loss of self-esteem.

3. Physical restraint, binding or tying the child to restrict the child’s movement or enclosing the child in a confined space such as a closet, locked room, box or similar cubicle.

DCF 250.07(2)(c)3 Commentary

See DCF 250.03 (23) – DEFINITION – PHYSICAL RESTRAINT.
Physical restraint does not include:

Briefly holding a child in order to calm or comfort the child.
Holding a child’s hand or arm to escort the child from one area to another.
Moving a disruptive child who is putting themself/others in danger and is unwilling to leave the area when other methods, such as talking to the child, have been unsuccessful.
Intervening or breaking up a fight.
Use of a weighted vest or blanket that a child is able to remove by themself whenever the child chooses.

Placing a child in a crib or pack and play to restrict the child’s movement is prohibited.
A high chair, feeding table, or seat may not to be used as a form of punishment or a method to restrict activity. A child is only to use the chair for meal / snack times or planned activities.
If a child has an outburst that puts themself or another person in danger of harm, the center has the responsibility to protect the child and others from danger. In these instances, once the child is no longer a danger to themself or others, the restraint must be ended. If a child has an outburst, it is recommended that the center work with the parents to develop a plan to help manage the child’s behavior in a way that does not include the use of a physical restraint. The center may consider referring the child/family to their pediatrician, the local Birth to 3 program, the local public school system, or a mental health professional for an evaluation.
In limited circumstances, an exception for the use of a physical restraint of an individual child may be considered if the child has had an evaluation that resulted in an Individualized Family Service Plan (IFSP) or Individual Educational Plan (IEP). The following conditions must be met:

The IFSP or IEP indicates the use of a physical restraint as one part of a plan to help the child learn to manage their behaviors.
The center identifies a person(s) who will be assigned the responsibility of implementing the restraint.
The person assigned to implement the restraint receives appropriate training in use of a restraint.
The center documents the use of the restraint and the situation leading to the use of the restraint.
The center notifies the child’s parent of the physical restraint and the situation leading to the use of the restraint.
A copy of the documentation related to a restraint is submitted to the department within 24 hours of the use of the restraint.
A copy of the IFSP or the IEP shall be available to all providers working with children.
The exception is reviewed and re-approved periodically (recommended every 3 – 4 months).

4. Withholding or forcing meals, snacks or naps.

DCF 250.07(2)(c)4 Commentary: Children can be encouraged to try different foods, but they cannot be forced to try all foods or finish one food prior to receiving additional servings of other foods. Any component of the meal may not be withheld until the end of the meal or snack, including milk.

5. Actions that are cruel, aversive, humiliating or frightening to the child.

DCF 250.07(2)(c)5 Commentary: Physical activity may not be used as a punishment. Forcing a child into physical activity can cause emotional harm, including fear, anxiety, low self-esteem, and can lead to physical injury or harm.

(d) A child may not be punished for lapses in toilet training.
Note: See s. DCF 250.04 (8) for information on reporting suspected child abuse and s. DCF 250.04 (3) (i) for rules requiring that prohibited actions to a child be reported to the department within 24 hours after the occurrence.

(3) Equipment and furnishings.

(a) Safe indoor and outdoor play equipment shall be provided and shall be all of the following:

1. Scaled to the size and developmental level of the children.

2. Of sturdy construction with no sharp, rough, loose, or pointed edges, in good operating condition, and anchored when necessary.

DCF 250.07(3)(a)2 Commentary: Examples of unsafe play equipment include toys or equipment that are broken, coming apart, rusting, have protruding screws, or permanently installed outdoor equipment that is not safely anchored.

3. Placed so as to avoid danger of accident or collision and to permit freedom of action.

4. Maintained in a clean and sanitary condition.

5. Used in accordance with all manufacturer’s instructions and any manufacturer’s recommendations that may affect the safety of children in care.

DCF 250.07(3)(a)5 Commentary: It is recommended that the licensee maintain manufacturer’s instruction regarding the equipment.

(b) Various types of play equipment shall be provided to allow for large and small muscle activity, dramatic play, creative expression and intellectual stimulation.

DCF 250.07(3)(b) Commentary: Age-appropriate books must be available for teachers to use with children and must also be available for children to use themselves. These may be one and the same or different sets of books. These may be center-owned or library-supplied books or a combination of both. The recommended amount is at least one book for every two children.

Consumable art supplies such as, but not limited to, crayons, paper, paste or glue, paint, clay or play dough, finger paint, collage materials, etc., including the necessary and appropriate non-consumable accessories such as paint brushes, scissors, sponges, etc. should be available to children. Children under 2 years must be allowed to use appropriate art supplies under the close supervision of a child care worker.

(c) Indoor play equipment shall be provided to allow each child a choice of at least 3 activities involving equipment when all children are involved in 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.

DCF 250.07(3)(d) Commentary: Outdoor equipment may be permanently installed, taken outdoors from the inside, or a combination of both.

(e) Trampolines and inflatable bounce surfaces on the premises shall not be in areas accessible to children and may not be used by the children in care.

DCF 250.07(3)(e) Commentary: Inflatable chairs or other such items not intended for bouncing, such as inflatable slides, may be used. Care should be taken to ensure that children are properly supervised, and the item is being used according to the manufacturer’s recommendation.

Trampolines not located in areas accessible to children in care may be used by the provider’s own children over the age of 7 during the hours of center operation.

(f) Furnishings shall be clean, durable, and safe with no sharp, rough, loose, or pointed edges.

(g) The furnishings shall include all of the following:

1. Table space and seating for each child.

DCF 250.07(3)(g)1 Commentary: Highchairs and feeding tables for infants and toddlers are included in determining the required number of chairs.

Booster seats are recommended for smaller children using adult-sized chairs at a table.

2. Storage space for equipment, bedding, and children’s clothing and personal belongings.

DCF 250.07(3)(g)2 Commentary: Examples of storage space for play equipment are drawers, shelves, cabinets, and boxes.

Outer-garment storage may be on hooks, hangers, or in a clothing cubby.

See DCF 250.07 (4) (d) – NAPS – BEDDING.

Note: Lists suggesting kinds and numbers of equipment for centers are available from the Child Care Information Center by calling 1-800-362-7353.

(4) Rest periods.

(a) Children under 5 years of age in care for more than 4 consecutive hours shall have a nap or rest period.

DCF 250.07(4)(a) Commentary: This rule does not prohibit children 5 years of age or older from having a nap or rest period. If the center provides a nap or rest period for children 5 years of age or older, the rules on rest periods apply.

(b) A provider shall permit children who do not sleep after 30 minutes and children who wake up early to get up and shall help them to have a quiet time through the use of equipment or activities which do not disturb other children.

DCF 250.07(4)(b) Commentary: Children who are awake shall be supervised by the child care provider and children who do not sleep or who awaken before other children must be allowed off their sleeping surface and given a choice of activities in a reasonably lighted area.

(c) Each child one year of age or older who has a nap or rest period shall be provided with a sleeping surface that is clean, safe, washable, and placed at least 2 feet from the next sleeping child. The sleeping surface may be any of the following:

DCF 250.07(4)(c) Commentary: Cots, sleeping bags, and padded mats shall be long enough so the child’s head or feet do not rest off the cot, sleeping bag, or mat.

Sleeping bags or padded mats may be provided by the center or the parent.

Cribs and cots may be placed end to end if a solid partition separates the children.

Sofas may be used provided the child has a sleeping bag or sheet and blanket so that the child does not sleep directly on the sofa.

See DCF 250.03(4m) – DEFINITION – CRIB; DCF 250.03(31) – DEFINITION – SLEEPING BAG; and DCF 250.09(2)(c) – INFANT & TODDLER – SLEEP POSITION.

1. A bed.

2. A cot.

3. A padded mat.

4. A sleeping bag.

5. A crib or playpen.

(cm) Each child under one year of age who naps or sleeps shall be provided with a clean, safe, washable crib or playpen that meets the applicable safety standards in 16 CFR Part 1219 or 1220 and shall be placed at least 2 feet from the nearest sleeping child. Cribs or playpens may be placed end-to-end if a solid partition separates the crib or playpen, and an aisle not less than 2 feet in width is maintained between sleeping surfaces.

DCF 250.07(4)(cm) Commentary: All children under 1 year of age must be placed to sleep on their back in a crib or playpen; however, once a child is able to roll from front to back and back to front unassisted, the child may assume the sleep position that is most comfortable to them. This should be documented in the “Intake for Child Under 2 Years” form. If a child falls asleep in a swing or car seat, the child must be immediately removed from the swing or car seat and placed to sleep on their back in a crib. Only the child’s physician may authorize a sleep position other than the back in a crib or playpen for a child under 1 year of age.

Bassinettes may be used in accordance with the manufacturer’s specifications.

An example of an approved solid partition that separates cribs or playpens includes a plexiglass sheet.
Positioning devices should not be used to adjust sleeping surfaces. Positioning devices include but are not limited to wedges, pillows, or any items placed under or over the mattress to elevate or angle the sleeping surface.

Swaddling is not recommended if the infant is exhibiting signs of attempting to roll on their own. Weighted swaddle clothing or weighted objects within swaddles may not be used because an infant is not able to remove weighted objects on their own. Providers can find more information regarding safe sleep practices at the AAP’s website .

See DCF 250.03 (4m) – DEFINITION – CRIB and DCF 250.09 – ADDITIONAL REQUIREMENTS FOR INFANT AND TODDLER CARE.

(d) Each child one year of age or older who is not using a sleeping bag shall be provided with an individually identified sheet and blanket that may be used only by that child until it is washed. Sleeping bags and bedding shall be stored in a sanitary manner and washed at least after every 5 uses or as soon as possible if wet or soiled.

DCF 250.07(4)(d) Commentary: Children may share bedding if it has been laundered between uses by the different children. Each mat, cot, or crib mattress shall be covered with the child’s individual sheet for exclusive use by that child. No child shall sleep on a bare, uncovered surface. A large adult-sized blanket may be used as both sheet and blanket on a bed, cot, mat, or sofa used as a bed if it is placed under and over the child. If family beds are used, the sleeping bag or sheet and blanket should be placed over the family bedding.

Seasonally appropriate coverings such as sheets or blankets that are sufficient to maintain adequate warmth shall be provided to the child while on the bed, cot, or mat. Blanket sleepers or sleep sacks may be used in place of a blanket covering.

Storage in a "sanitary manner" means protection from cross-contamination. Care should be taken so that bedding for one child does not touch another child’s bedding.

Cots that are stacked should not have bedding for an individual child hanging over the edge of the cot. If bedding is not stored on the cot, the center must have an alternative way to keep the bedding stored in such a manner that the sleeping surface is not exposed. Stacked cots should be covered with a clean sheet, blanket, or other cover that is not used as bedding for a child during times when the cots are not in use. Sleeping bags should be rolled up so that the inside sleeping surface is not exposed. Sleeping bags do not need to be stored inside an individual storage bag or container. Pillows should be stored on a child’s individual cot or rolled up in the child’s sleeping bag.

If bedding is provided by parents, a supply of center-provided sleeping bags or sheets and blankets should be available for backup or emergencies such as illness or soiling.

Bedding used by an ill child is considered soiled.

Weighted blankets may be used with children ages 1 and older when the provider follows all manufacturer’s specifications for the blanket. The child must be able to remove the blanket themselves whenever the child chooses.

See DCF 250.03(31) – DEFINITION – SLEEPING BAG.

(e) Infants shall sleep alone in cribs or playpens. Two related children may share a double bed. No more than one child may occupy a single size bed, cot, mat or sleeping bag.

(6) Health.

(a) Contact with others who are ill.

1. No child or other person with a reportable communicable disease specified in ch. DHS 145 may be admitted to, or be permitted to remain in, a center during the period when the disease is communicable.

DCF 250.07(6)(a) Commentary: This rule applies to reportable communicable diseases only.

1m. A licensee, provider, household member, employee, volunteer, visitor, parent, or a child in care may be admitted or readmitted to the family child care center if the person provides a written 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 under ch. DHS 145.
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 shall be excluded from the center. Copies of the communicable disease chart are available on the Department of Health Services website.

2. a. A licensee, provider, household member, employee, volunteer, visitor or parent whose behavior with respect to any child, adult, animal or property, on or off the center’s premises, raises reasonable concern for the safety of the children, may not be in contact with the children in care.

b. The department may require a licensee, provider, household member or other adult in contact with the children whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment.
Note: See also s. DCF 250.11 (2) (e) which requires a written statement from a physician or licensed mental health professional when there is reason to believe that the physical and mental health of a person may endanger children in care.

3. No person with a health history of typhoid, paratyphoid, dysentery or other diarrheal disease may work in a center until it is determined by appropriate medical tests that the person is not a carrier of the disease.

4. a. Upon each child’s arrival at the center, a staff person shall observe the child for symptoms of illness or injury.

b. Any child who appears to be ill shall be moved to a separate room or area.

c. A child one year of age or older who appears to be ill shall be provided with a bed, crib, or cot and a sheet and blanket or sleeping bag.

d. A child under one year of age who appears to be ill shall be placed in a crib or playpen with a tight-fitting mattress and mattress covering.

DCF 250.07(6)(a)4.d. Commentary: Examples of illnesses or conditions that may require a child to be in a separate room or area until pickup include unusual lethargy, uncontrolled coughing, fevers associated with other symptoms, persistent crying, difficulty breathing, wheezing, or other unusual signs.

See Appendix D Resources List, Communicable Diseases Chart. The center’s health policy should specify which symptoms would require removal of the child from the facility.

(b) Medical logbook.

DCF 250.07(6)(b) Commentary: Entries regarding a specific child made in a medical logbook must be available to that child’s parent in accordance with DCF 250.04 (7) (b). To protect a child’s confidentiality, centers are strongly encouraged to have separate entries for each child involved in an incident, such as biting. When parents ask to review the medical logbook, the center should have a procedure for ensuring that a parent reviewing the record for their own child does not see information about another child in care.

In addition to providing accountability to the parents and the department, bound books and recording as specified may be admissible in court as evidence in case of civil suit.

The log should be kept as long as the center is in operation.

See Appendix D, Resources List, Center Medication and Injury Log – Directions for Use.

See DCF 250.07 (6) (k) 1. – EMERGENCY MEDICAL AUTHORIZATION & INJURY NOTIFICATION.

1. The licensee shall maintain a medical logbook that has a stitched binding with pages that are lined and numbered.

2. Pages may not be removed from the medical logbook under subd. 1. and lines may not be skipped. Each entry in the logbook shall be in ink, dated, and signed or initialed by the person making the entry.

3. A provider shall record all of the following in the medical log under subd. 1.:

a. Any evidence of unusual bruises, contusions, lacerations, or burns seen on a child, regardless of whether received in or out of the care of the center.

DCF 250.07(6)(b)3.a. Commentary: It is recommended the provider document any comments made by a parent or child regarding injuries or bruises noted.

See Appendix D, Resources List, Center Medication and Injury Log – Directions for Use.

b. Any injuries received by a child while in the care of the center on the date the injury occurred. The record shall include the child’s name, the date and time of the injury, and a brief description of the facts surrounding the injury.

DCF 250.07(6)(b)3.b. Commentary: Not every injury will be apparent immediately. It is recommended to record every accident / incident. For example, a child bumps their head and no mark or bump is readily apparent but there is the potential for a mark, bump or bruise to develop. This accident should be recorded.

c. Any medication dispensed to a child, on the date the medication is dispensed. The record shall include the name of the child, type of medication given, dosage, time, date, and the initials or signature of the person administering the medication.

d. Any incident or accident that occurs when the child is in the care of the center that results in professional medical evaluation.
Note: See s. DCF 250.04 (8) for requirements related to reporting suspected child abuse or neglect.

(f) Medications.

1. A provider may give prescription or non-prescription medications such as pain relievers, teething gels or cough syrup to a child only under the following conditions:

DCF 250.07(6)(f)1 Commentary: These rules allow prescription and non-prescription medication to be administered by the center under controlled circumstances as specified. The center health policy may be more stringent than the rule, such as not allowing any medication or only prescription medication. It is recommended that the medication administration procedures be included in information that is shared with parents upon admission. A written authorization from the parent is required for each medication and is time limited.

Any over-the-counter topical, non-medicated lotion, cream, lip balm, or salve preparation may be applied to children upon authorization from the parent. The application information for non-medicated topical preparations does not need to be recorded in the center medical log.

Centers should ensure they meet any requirements of the Americans with Disabilities Act.

See DCF 250.09 (4) (g) – INFANT & TODDLER - DIAPERING LOTIONS, POWDERS, SALVES.

a. A completed written authorization on a form provided by the department, dated and signed by the parent is on file. Authorizations that exceed the period of time specified on the label are prohibited.

DCF 250.07(6)(f)1.a. Commentary: It is recommended that medication authorization forms be kept with the medication during the specified time period. After the administration time period has passed, the authorization form should be placed in the child’s file.

It is acceptable to keep the original authorization with the medication and a copy of the authorization in the child’s file or vice versa.

Authorizations that exceed the period of time specified on the label are permitted if authorized or prescribed by a physician.

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 form is available at Department of Children and Families - Forms Search on the department's website, 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 with dosage and administration directions.

DCF 250.07(6)(f)1.b. Commentary: The rule requires that the dosage instructions must be included on the medication label. For some types of over-the-counter medications, such as Tylenol or cold syrup, the label instructions indicate that a physician should be consulted for children under a certain age (typically under age 2 years).

The Authorization to Administer Medication form includes a statement to be initialed by the child’s parent indicating the child’s physician has been consulted and the dosage instructions are consistent with the physician’s recommendation. A parent’s authorization may not exceed the time specified on the label of the medication.

The American Academy of Pediatrics recommends that over-the-counter multi-symptom cold products not be used for children under the age of 4 years.

c. A written record, including the name of the child, type of medication given, dosage, time, date and the initials or signature of the person administering the medication shall be made in the medical log on the same day that the medication is administered.

3. Medications shall be stored so that they are not accessible to children.

4. Medications requiring refrigeration shall be kept in the refrigerator in a separate, covered container clearly labeled “medications.”

DCF 250.07(6)(f)4 Commentary: Medications should be stored at temperatures in accordance with label instructions.

5. 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.

DCF 250.07(6)(f)5 Commentary: Leftover medication or medication past its expiration date should be returned to the parent or discarded in a safe manner after the duration of the illness.

6. Medication for a child in care shall be administered by the center as directed on the label and as authorized by the parent.

DCF 250.07(6)(f)6 Commentary: If a medication authorization from the parent conflicts with the label instructions, the label instructions take precedence unless there is written authorization from the physician indicating a different dose or time frame.

A medication past the expiration date as indicated on the label may not be administered to a child. It is recommended that medications kept on hand for chronic conditions, such as asthma inhalers, allergy epinephrine auto-injectors, seizure medications, etc., be reviewed periodically for expiration dates.

(g) 1. Except as provided in subd. 2., a child’s hands shall be washed with soap and warm running water before meals or snacks, after handling pets or other animals, and after toileting or diapering. A child’s hands and face shall be washed when soiled. For children under one year of age, hands may be washed with soap and a wet fabric or a paper washcloth that is used once and discarded.

DCF 250.07(6)(g)1 Commentary: Washing in a common bucket or pan is allowed after certain activities, such as finger painting, if this preliminary washing to eliminate excess paint is immediately followed up by individual hand washing under running water with soap.

2. 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 shall be washed immediately with soap and running water.

3. Disinfecting hand sanitizers may not replace the use of soap and water for washing hands.

4. Bodily secretions from a child shall be wiped with a disposable tissue.

DCF 250.07(6)(g)4 Commentary: Examples of bodily secretions are vomit, blood, nasal discharge, etc.

5. All providers shall use universal precautions when exposed to blood or bodily fluids or discharges containing blood.

6. All persons working with children in care shall wash their hands with soap and warm running water before handling food, before and after assisting with toileting or diapering, after handling pets or animals, and after being exposed to blood or bodily fluids containing blood or other types of bodily secretions. If gloves are used, hands shall be washed after removal of gloves.

7. Single use disposable gloves shall be worn if there is contact with bodily fluids or tissue discharges that contain blood. Gloves shall be discarded in plastic bags.

DCF 250.07(6)(g)7 Commentary: “Single use disposable gloves” means non-porous gloves without obvious seams made from latex, natural rubber, or plastic in various forms.

(h) Health precautions.

1. Surfaces exposed to bodily secretions, including toys, equipment, and furnishings, shall be washed with soap and water and disinfected. The disinfectant solution used shall be one that is registered with the U.S. environmental protection agency as a disinfectant and has instructions for use as a disinfectant on the label. The solution shall be prepared and applied as indicated on the label.

DCF 250.07(6)(h)1 Commentary: See Appendix D Resource List, Prevention of Exposure to Blood and Body Fluids; and OSHA Regulations on Bloodborne Pathogens. The Occupational Safety and Health Administration (OSHA) is responsible for enforcing its standards.

See Appendix D Resource List, Cleaning, Sanitizing and Disinfecting in Child Care Settings. Care should be used with the disposal of gloves and soiled items.

2. Soap, towels or an air dryer, toilet paper, and a wastepaper container shall be provided in the washroom and accessible to children.

3. Towels and washcloths shall be individual to each person and used only once. Cups, eating utensils, or toothbrushes may not be shared.

DCF 250.07(6)(h)3 Commentary: Toothbrushes are not required unless providing night care. However, if a center chooses to have children brush their teeth, toothbrushes must be labeled and/or stored so that they do not touch each other, and each child must use their own brush each time.

See DCF 250.10 (2) (c) – NIGHT CARE – SLEEPING GARMENTS AND TOOTHBRUSHES.

4. Wet or soiled clothing shall be changed promptly from an available supply of clean clothing.

4m. Children shall be clothed in seasonally appropriate clothing when outdoors.

DCF 250.07(6)(h)4m Commentary: Changes of clothing may be provided by the parent or may be supplied by the center providing it is clean, gender neutral, and in a variety of sizes. If parents do not supply the clothing, the center is responsible for providing a backup supply of clothing.

5. Section DCF 250.09 (4) applies when a child 2 years of age or older needs attention for diapering or toileting.

6. As appropriate, children shall be protected from sunburn and insect bites with protective clothing, sunscreen, or insect repellent. Sunscreen and insect repellent may only be applied upon the written authorization of the parent. The authorization shall include the ingredient strength and be reviewed and updated periodically. If sunscreen or insect repellent is provided by the parent, the sunscreen or repellent shall be labeled with the child’s name. Recording the application of sunscreen or insect repellent is not necessary.

DCF 250.07(6)(h)6 Commentary: Alternatives to traditional insect repellants (e.g. Skin So Soft, repellants containing citronella or homeopathic ingredients, etc.) may be used if authorized in writing by the parent.

The center health policy should address at what age children will be allowed to self-apply these items and the procedure for ensuring that the application is completed in a way that will protect children.

(k) Injuries.

1. Written permission from the parent to call the child’s physician or refer the child for medical care in case of injury shall be on file at the center. A provider shall contact a parent of the injured child as soon as possible after an emergency has occurred or, if the injury is minor, when the child is picked up.

DCF 250.07(6)(k)1 Commentary: A minor injury is one that can be treated at the center, such as bruises or scrapes. Slivers that can be removed without the use of a tweezers or other device may be removed. The wound should be washed with soap and water and protected.

It is recommended that a reputable children's first aid manual or chart be readily available in the center for use by staff.

See Appendix D, Resource List, Situations That Require Medical Attention Right Away.

Note: See DCF 250.04 (3) (a) regarding reporting injuries that require medical attention to the department within 48 hours after the occurrence.

DCF 250.07(6)(k)1 Note Commentary: See DCF 250.04 (3) (a). Reporting is required within 24 hours after an incident or accident that results in professional medical evaluation.

Note: The department’s form, Child Care Enrollment, includes authorization for the center to obtain emergency medical care for a child. Information on how to obtain the form is available at Department of Children and Families - Forms Search on the department's website, or from any regional licensing office in Appendix A.

2. Superficial wounds shall be cleaned with soap and water only and protected with a bandaid or bandage.

DCF 250.07(6)(k)2 Commentary: See DCF 250.07 (6) (f) – MEDICATION ADMINISTRATION. Since the administering of non-prescriptive medication must be at specific parent direction for each incident, no medication (including anti-bacterial creams or ointments) may be given to the child by the center for injuries.

3. Suspected poisoning shall be treated only after consultation with a poison control center.

DCF 250.07(6)(k)3 Commentary: The statewide poison control number is 1-800-222-1222. Calling 911 does not automatically connect the caller with poison control.

Activated charcoal or any other vomit-inducing substance may only be used if advised by the poison control center.

See Appendix D, Resources List, Common Plants – What’s Poisonous and What’s Not?

4. The licensee shall designate a planned source of emergency medical care, such as a hospital emergency room, clinic or other constantly staffed facility and shall advise parents about that designation.

DCF 250.07(6)(k)4 Commentary: The center may advise parents about the designated emergency medical facility by posting this information in a visible place at the center or putting the information in policies or handbooks shared with parents.

(2) Pets and animals.

DCF 250.07(2) Commentary: This section does not apply to service animals. Therapy animals and emotional support animals are considered pets and this section applies.

Only dogs are recognized as service animals under titles II and III of the Americans with Disabilities Act. A service animal is defined as a dog that is individually trained to do work or perform tasks for a person with a disability. To learn more, see the U.S. Department of Justice Civil Rights Division website.

All service animals must be registered as a service animal and hold a valid certificate.

(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.

DCF 250.07(2)(a) Commentary: Dogs, cats, and ferrets must be vaccinated against rabies as documented by a current vaccination certificate. Other immunizations frequently given to dogs and cats are to prevent disease that is not communicable to children. Initial rabies immunization for dogs should be administered by five months of age and within one year after the initial immunization. Initial rabies immunization for cats should be administered at 8 – 12 weeks of age and within one year after initial immunization. Initial rabies immunization for ferrets should be administered at 12 weeks. Subsequent immunizations are to be administered at intervals stated on the certificate of vaccination. If no date is specified, the dog shall be vaccinated within three years of the previous vaccination, as specified in s. 95.21 (2) Wis. Stats. Wisconsin law does not allow persons to vaccinate their own animals for rabies.

Pets suspected of being ill or infested with external lice, fleas, and ticks or internal worms shall be removed from the center.

Barn cats that do not come in contact with child care children are not required to be vaccinated.

(b) Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.

DCF 250.07(2)(b) Commentary: According to the Centers for Disease Control and Prevention (CDC), due to the risk of exposing children to salmonella and other diseases, chickens and ducks should not be in areas accessible to children under age 5 years unless the parents acknowledge in writing that the children will be allowed to have contact with the animals and the children wash their hands immediately after touching the animals.

(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.

DCF 250.07(2)(b) Commentary: Documentation may be a signature sheet on the policies or other form developed by the provider. The sheet should contain the name and breed of the animal and what kind of access the animal will have with the children. The licensee may keep this information with the pet records.

Visits to petting zoos are permitted. Pets or animals brought into the center for the purpose of exposing the children to animals must be handled carefully to ensure that the children and animals are protected. It is recommended that parents be notified in advance when an animal will visit.

(d) Reptiles, amphibians, ferrets, poisonous animals, psittacine birds, exotic and wild animals may not be accessible to children.

DCF 250.07(2)(d) Commentary: “Not accessible” means the animal may not have any physical contact with the children, including the children reaching over or through a barrier to touch the animal. A kennel, cage, or gate in the child care area that has any opening large enough for a child’s fingers to get through is considered accessible and may not be used to separate an animal from the children.

According to the Centers for Disease Control and Prevention (CDC), some types of birds might not be suitable for young children or people with weakened immune systems.

Note: Psittacine birds are hooked bill birds of the parrot family that have 2 toes forward and 2 toes backward, including macaws, grays, cockatoos and lovebirds.

(e) All contact between pets or animals and children shall be under the sight and sound supervision of a provider who is close enough to remove the child immediately if the pet or animal shows signs of distress or aggression, the child shows signs of distress, or the child is treating the animal inappropriately.

DCF 250.07(2)(e) Commentary: Examples of aggressive behaviors include showing teeth, growling, hissing, excessive barking, hair standing up on the animal’s back, or tail between their legs.

(f) Pets are prohibited in any food preparation or serving area when food is being prepared or served unless the pet is confined in a cage or kennel. Litter boxes are prohibited in any food preparation, storage or serving areas. Litter boxes and animal feeding dishes, excluding water dishes, may not be placed in areas accessible to children.

DCF 250.07(2)(f) Commentary: Fish in an aquarium may be in a kitchen or food service area without an exception.

(g) Indoor and outdoor areas accessible to children shall be free of pet and animal excrement.

DCF 250.07(2)(g) Commentary: All areas accessible to children during hours of operation, including entrance/exit areas, must be free of pet and animal excrement.

(i) Licensees shall ensure that the center is in compliance with all applicable local ordinances regarding the number, types and health status of pets and animals.

DCF 250.08 Transportation

(1) Applicability.

(a) Except as provided in par. (b), this section applies to all transportation of children in care, including both regularly scheduled transportation to and from the center and field trip transportation, if any of the following apply:

DCF 250.08(1)(a) Commentary: If a child care center contracts (either verbally or in writing) with a bus company or other agency and the driver and vehicle are regulated under ch. Trans 300 Transportation of School Children, the driver and vehicle do not need to meet the requirements under subsections (4) DRIVER and (5) VEHICLE. Subsection (8) (a) below will be monitored annually for compliance. A written contact between the center and the transportation company is recommended. The licensee is responsible for ensuring that all applicable rules are met.

This rule does not apply when a center contracts for regularly scheduled transportation to and from the local school district school with the local school district bus company. The Alternate Arrival / Release Agreement form may be used to obtain authorization from the parent to have the local school bus company provide the transportation. See Appendix F – Instructions for Obtaining Department Forms.

See DCF 250.04 (3) – DEFINITION – CENTER PROVIDED TRANSPORTATION.

See DCF 250.04 (6) (b) – CURRENT, ACCURATE DAILY ATTENDANCE RECORD.

1. The licensee owns or leases the vehicle used.

2. The licensee contracts with another person or organization that owns or leases the vehicle used.

3. Employees, parents, or volunteers are transporting children other than their own at the direction of, at the request of, or on behalf of the licensee.

(b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the staff-to-child ratios under s. DCF 250.055 (2) (b) and (c):

1. The requirement that a licensee obtain a copy of the driver’s driving record and review it under sub. (4) (c).

2. The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b).

3. The requirements related to child care vehicle safety alarms under sub. (8).

(c) The licensee shall document in the licensee’s policies that transportation provided through a written or verbal contract with another person or organization meets the requirements of this section.

(2) Permission and emergency information.

Before transporting a child, a licensee shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include all of the following information:

(a) The purpose of the transportation and the parent’s permission to transport the child for that purpose.

(b) An address and telephone number where a parent or other adult can be reached in an emergency.

(d) Written consent from the child’s parent for emergency medical treatment.

DCF 250.08(2)(d) Commentary: A copy of the child’s current enrollment form will also contain the information required under this rule.

Note: The licensee may use their own form or the department’s form, DCF-F-CFS0062 Child Care Enrollment, to obtain consent of the child’s parent for emergency medical treatment.

(3) Required information for each trip.

The licensee shall ensure that written documentation of all of the following is maintained at the center and in any vehicle transporting children while the children are being transported:

(a) A list of the children being transported.

(b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported.

(4) Driver.

(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid driver’s license from the state where the driver resides and for the type of vehicle driven.

DCF 250.08(4)(a) Commentary: This is in conformity with Wisconsin Statutes 121.555, which prohibits anyone under 18 years old from driving children. No exceptions will be granted.

A person may have a driver’s license card that has not expired but still have the license suspended or revoked. The only way to ensure that a driver’s license has not been suspended or revoked (and is still valid) is through a check of the person’s driving record maintained by the Wisconsin Department of Transportation, or by the department of transportation for the person’s state of residence.

See DCF 250.03 (3) – DEFINITION – CENTER-PROVIDED VEHICLE.

(b) Before a driver who is not the licensee first transports children and annually thereafter, the licensee shall provide the driver with an orientation. The licensee shall document the training. The training shall include all of the following:

DCF 250.08(4)(b) Commentary: The department’s form Driver Training Checklist – Child Care Centers may be used for documenting training.

1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.

2. The procedure for loading, unloading, and tracking of children being transported.

3. The procedure for evacuating the children from a vehicle in an emergency.

4. Behavior management techniques for use with children being transported.

5. A review of applicable statutes and rules affecting transportation of children.

6. A review of applicable center policies.

7. First aid procedures.

8. A review of child abuse and neglect laws and center reporting procedures.

9. Information on any special needs a child being transported may have and the plan for how those needs will be met.

10. A review of the use of the vehicle alarm, if applicable.

11. Any other job responsibilities as determined by the licensee.

(c) 1. Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.

2. In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver’s record, any other relevant facts, and the following factors in combination:

a. The seriousness of any accidents or violations.

b. The amount of time that has passed since an accident or violation occurred.

c. The number of accidents or violations.

d. The likelihood that a similar incident will occur.

3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.
Note: Information on how to obtain driving records may be obtained by visiting the Department of Transportation’s website or contacting the DOT at 608-261-2566.

(d) 1. Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies:

a. The phone or device is used to call 911.

b. The phone or device is used to communicate with emergency responders.

c. The phone or device is used to communicate with the center regarding an emergency situation.

2. A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation.

(5) Vehicle.

(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:

1. Registered with the Wisconsin Department of Transportation or the appropriate authority in another state.

2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.

3. In safe operating condition.

(b) At 12-month intervals, the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form provided by the department.

DCF 250.08(5)(b) Commentary: The Vehicle Safety Inspection form is to be signed by the owner/employee of a bona fide repair business such as a garage, auto repair shop or service station. The name of the repair business should appear on the form in addition to the signature. Signatures of persons not associated with a firm doing repair business with the public will not be acceptable. If the inspection report indicates needed repairs, the vehicle must be repaired, and the center must provide evidence of the necessary repairs, prior to transporting children.

New and used vehicles purchased from an authorized dealer with inspection report will be accepted for one year.

If a vehicle used to transport children has been involved in an accident, the department may request evidence that the vehicle is in safe operating condition.

The use of a 9- to 15-passenger van to transport children is not recommended. Federal law prohibits schools and school systems from purchasing or leasing a new 15-passenger van if it will be used significantly by the school or school system to transport preschool and school-aged children to or from school or school-related events. More information is available on the National Highway Transportation Safety Administration website.

See DCF 250.03 (3) – DEFINITION – CENTER-PROVIDED VEHICLE.

Note: The department’s form, DCF-F-CFS0052 Vehicle Safety Inspection, is used to record evidence of the vehicle’s safe operating condition.

(c) The licensee shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch. VI. of ch. 344, Stats.

(d) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300.

(e) At least once per year, the licensee shall make available to the department each vehicle that is required to have a child safety alarm under sub. (8) (a) to determine whether the child safety alarm is in good working order.

(6) Seat belts and child safety restraints.

(a) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child’s age and size in accordance with s. 347.48 Stats., and ch. Trans 310.

DCF 250.08(6)(a) Commentary: Most child safety seats have an expiration date embossed in plastic on the bottom of the seat. Child safety seats may not be used past their expiration date.

An integrated child safety seat may be used by children who meet the age, height, and/or weight requirements identified by the manufacturer of the vehicle.

LIST OF RESTRAINTS: A list of currently approved child safety restraints and recalls may be obtained from the Wisconsin Information Network for Safety (715) 843-1890 or from the website.

All child safety restraints sold in the USA are required to comply with the dynamic testing requirements of the Federal Motor Vehicle Safety Standard (FMVSS) #213, Child Restraint Systems. The National Highway Traffic Safety Administration (NHTSA) has developed an ease of use rating system of child safety restraints to help provide information about which child safety seat may be most appropriate for a child. Most child safety seats have an expiration date embossed in plastic on the bottom of the seat. Seats may not be used past their expiration date.

Visit Recalled Car Safety Seats for more information.

Information on the Wisconsin Child Passenger Safety Law can be found on the Department of Transportation website.

See Appendix D, Resource List, Car Safety Seat Information.

Note: For further information on child safety restraints, visit the Department of Transportation’s website.

(b)1. Each child who is not required to be in an individual child car safety seat or booster seat when being transported under par. (a) shall be properly restrained by a seat belt in accordance with 347.48, Stats., and ch. Trans 315.

2. Each adult in the vehicle shall be properly restrained by a seat belt in accordance with 347.48, Stats., and ch. Trans 315.

3. Seat belts may not be shared.

(c) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.

DCF 250.08(6)(c) Commentary: If a center owns, leases, or contracts for a school bus, seat belts or car safety seats are not required because these vehicles were constructed to carry children without such devices.

For additional information, contact the NHTSA Vehicle Safety Hotline at (888) 327-4236.

(d) Children under 13 years of age who are in the care of the center may not ride in the front seat of a vehicle.

(7) Vehicle capacity and supervision.

(a) The center shall be responsible for a child from the time the child is placed in a vehicle until the child reaches his or her destination and is released to a person responsible for the child. A parent of a school age child may authorize a child to enter a building unescorted.
Note: Form DCF-F-CFS0056, Transportation Permission - Child Care Centers, may be used to designate an adult to receive a child being transported.

DCF 250.08(7)(a) Commentary: Children are considered in care as soon as they are picked up by center-provided transportation.

See DCF 250.04 (6) (b) – CURRENT, ACCURATE DAILY ATTENDANCE RECORD. If the center picks up a child from their home or a designated pick-up or drop-off point, the daily attendance record must indicate the actual time the child was picked up and/or dropped off. Daily vehicle attendance records may be separate from the daily attendance record maintained to indicate when the child is at the center.

See DCF 250.04 (2) (e) 3. – POLICY SUBMITTED & IMPLEMENTED - ABSENCES. If the center provides transportation services from the child’s home to the center, the procedure should address how the center is to be notified that a child is not attending that day (i.e. sign in the window of the home that the child is not attending, prior notification to the center that the child is not attending, a second adult on the vehicle walks to the door to pick up the child and is told that the child is not attending, etc.) If the center is not notified that a child will not attend, the parent must be notified if the child does not arrive at the center as expected.

(b) Children may not be left unattended in a vehicle.

(c) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver whenever there are more than 3 children who are either under 2 years of age or who have a disability that limits their ability to respond to an emergency.

DCF 250.08(7)(c) Commentary: When evaluating the need to have an adult supervisor (in addition to the driver) present in the vehicle, the center needs to consider the ability of the child with a disability to evacuate the vehicle with limited additional help from the driver, the number and ages of other children being transported, and whether any children being transported have a behavioral history that might be disruptive during transportation.

(d) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.

(e) No child may be in a vehicle for transport to or from a center, a field trip, or other center activity for more than 60 minutes for a one-way trip.

(8) Child care vehicle safety alarm.

DCF 250.08(8) Commentary: This section also applies to hired or contracted school buses. Alarms must be installed in accordance to manufacturer specifications.

Transportation provided by rideshare companies, such as Uber or Lyft, is contracted transportation and therefore is considered to be center-provided transportation. See DCF 250.03 (3) – DEFINITION – CENTER-PROVIDED TRANSPORTATION.

(a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

1. The vehicle is owned or leased by a licensee or a contractor of a licensee.

2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be as determined by the manufacturer.

3. The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.
Note: Information on the required vehicle safety alarm is available on the Child Care Regulation Information for Providers.

DCF 250.09 Additional Requirements for Infant and Toddler Care

(1) Applicability, qualifications, and general requirements.

(a) Family child care centers providing care and supervision to infants and toddlers shall comply with the additional requirements of this section.

1. A provider shall use information obtained on a department-provided form for children under 2 years of age to individualize the program of care for each child. The information shall be at the center before the child is left for care on the child’s first day of attendance. A provider and the child’s parents shall periodically discuss the child’s development and routines.
Note: The department’s form, DCF-F-CFS0061, Intake for Child under 2 Years – Child Care Centers, is used to record information for individualizing the program of care for each child. Information on how to obtain the form is available at Department of Children and Families - Forms Search on the department's website, or from any regional licensing office in Appendix A. 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. When a provider or a parent has concerns about a child’s growth or development a referral to a Birth-to-Three agency should be considered to determine if the child is eligible for special services. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) coordinate programming activities with the local Birth-to-Three agency.

DCF 250.09(1)(c)1 Commentary: A center may use the department’s Intake for Child Under 2 Years – Child Care Centers form, may choose to use their own paper form, or may use an electronic form or system to capture the same information included on the department’s Intake for Child Under 2 Years – Child Care Centers form. No exception is necessary. It is the child care program/provider’s responsibility to be able to access the electronic form to respond to the licensor’s request to review information.

Written evidence of the periodic discussions is not required but updating the intake form is recommended every 3 months.

Special emphasis is given to changes in sleeping/nap patterns, dietary needs (e.g., new foods, cup, utensils, or self-feeding skills introduced), and introduction of toilet training when age appropriate.

2. Cribs and playpens shall contain a tight-fitting mattress and a mattress covering that fits snugly over the mattress.

DCF 250.09(1)(c)2 Commentary: After-market mattresses in playpens are not permitted. Individuals should follow all manufacturer specifications.

See DCF 250.07 (3) (a) 5. – PLAY EQUIPMENT – MANUFACTURER INSTRUCTIONS AND RECOMMENDTIONS.

3. Sheets or blankets used to cover a child one year of age or older shall be kept away from the child’s mouth and nose, and if sleeping in a crib or playpen shall be tucked tightly under the mattress.

DCF 250.09(1)(c)3 Commentary: If the child pulls the blanket out during nap time, the provider must ensure that the blanket is kept away from the child’s mouth and nose.

4. A child under one year of age may not sleep in a crib or playpen that contains soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects, or stuffed animals. No blankets or other items may be hung on the sides of a crib or playpen.

DCF 250.09(1)(c)4 Commentary: Caring for Our Children: National Health and Safety Performance Standards, Guidelines for Early Care and Education Programs, a collaborative project of the American Academy of Pediatrics, American Public Health Association, and the National Resource Center for Health and Safety in Child Care and Early Education, states that swaddling infants is not necessary or recommended.

Swaddling of infants is permitted if requested by the parent on the department’s form Intake for Child Under 2 Years – Child Care Centers, but children may not be swaddled in a blanket.

Swaddling an infant is not recommended after one month of age. The use of blanket sleepers or sleep sacks is permitted.

It is recommended that the center get written permission from the child’s parent if swaddling is requested.
Weighted sleep sacks and other weighted products may not be used because an infant is not able to remove a weighted object on their own.

Crib tents are not permitted for use.

4g. An audio monitoring device shall be used in any area or room where children under the age of one year are placed to sleep.

DCF 250.09(1)(c)4g Commentary: Audio monitoring devices are to be used to supervise sleeping children only. Devices must be on, working, and in use.

“Area” means a self-contained area separated by permanent walls and has a door or doorway. Audio monitoring devices are not required if children sleep in a room, such as the living room, while directly monitored by a caregiver.

Audio monitoring devices do not replace sound supervision.

4r. Waterbeds may not be used by children under 2 years of age.

5. Safety gates shall be used at open stairways when children are awake.

DCF 250.09(1)(c)5 Commentary: Safety gates shall be installed according to the manufacturer’s specifications at the bottom and/or top of stairs depending on where children are. Gates may be installed a maximum of 18” from the bottom step, or about 3 steps up, taking into consideration the landing surface.

(2) Daily program.

(a) Child care providers shall respond promptly to a crying child’s needs.

(b) Each infant and toddler shall be allowed to form and follow his or her own patterns of sleeping and waking.

DCF 250.09(2)(b) Commentary: Meals should be served related to the child's sleeping schedule rather than the schedule of the center. There shall be no specifically scheduled nap time for all infants as a group. As children begin to mature, a child's schedule will slowly be changed to eliminate the a.m. nap and begin to integrate the child into the center schedule. Priority will continue to be given to the individual eating and sleep needs of the child.

(c) Each child under one year of age shall be placed to sleep on his or her back in a crib unless otherwise specified in writing by the child’s physician. The child shall be allowed to assume the position most comfortable to him or her when able to roll over unassisted.

DCF 250.09(2)(c) Commentary: If a child falls asleep in a swing, bouncy seat, car seat, or on the floor, the child must be immediately removed from that area and be placed to sleep on their back in the crib assigned to them.

See the American Academy of Pediatrics recommendations on best safe sleep practices to reduce the risk of sleep-related infant death on their webpage.

(d) Emphasis in activities shall be given to play as a learning and growth experience.

DCF 250.09(2)(d) Commentary: The center The center shall individualize the program of care for each child in order to respond to the child’s developmental rhythms and the parent’s schedule.

Examples of appropriate activities are: peek-a-boo and other object permanence games; pat-a-cake and other imitation games; cause and effect activities; stimulating sensory and body feelings through touching, cuddling, rocking, etc.; finger games for finger and hand control; creating barriers for crawling under and over; practical life experiences

(e) Throughout the day, each infant and toddler shall receive physical contact and attention such as being held, rocked, talked to, sung to and taken on walks inside and outside the center.

(f) Routines related to activities such as taking a nap, eating, diapering and toileting shall be used as occasions for language development and other learning experiences.

(g) When a non-mobile child is awake, a provider shall change the child’s body position and location in the room periodically. Non-mobile awake children shall be placed on their stomach occasionally throughout the day.

(h) Each non-walking child who can creep or crawl shall be given opportunities each day to move freely in a safe, clean, open, warm and uncluttered area.

(i) A provider shall encourage infants and toddlers to play with a wide variety of safe toys and objects.

DCF 250.09(2)(i) Commentary: Family child care centers are to be equipped with play equipment according to the developmental level of the children in care. Since children under 2 years of age are not always able to select their own playthings from shelves, play equipment should be made available to them. Play equipment may be commercially made or homemade.

See 250.07 (1) (b) – DAILY ACTIVITIES – PLAN FOR AGE & DEVELOPMENT LEVELS.

(3) Feeding.

A provider shall do all of the following:

(a) Feed each infant and toddler on the child’s own feeding schedule.

DCF 250.09(3)(a) Commentary: A written authorization signed by the parent and the child’s physician is needed if the child is to be fed on a schedule that is not the child’s own schedule.

(b) Ensure that food, breastmilk, and formula brought from home are labeled with the child’s name, dated, and refrigerated, if required

(bm) Ensure each infant and toddler is correctly fed the food, breastmilk, or formula labeled with the infant’s or toddler’s name.

DCF 250.09(3)(bm) Commentary: Breast milk is considered food and each bottle or bag must be labeled with the child’s name and dated. A formula container will usually indicate a “use by” date. To ensure the formula remains in good condition and maintains the required nutritional value, any unused formula MUST be discarded after the “use by” date or manufacturer’s recommendation on the container, whichever is sooner. Pre-made bottles should be dated to ensure they are used according to manufacturer’s directions.

(c) Ensure that the food, breastmilk, or formula offered to infants and toddlers is consistent with the requirements of the U.S. Department of Agriculture child and adult care food program.

DCF 250.09(3)(c) Commentary: Age-appropriate solid food should not be fed in a bottle unless there is written authorization from the child’s physician.

Note: Information on the meal program requirements of the USDA Child and Adult Care Food Program may be found on the USDA website.

(d) Provide formula or breast milk to all children under 12 months of age.

(e) Provide another type of milk or milk substitute only on the written direction of the child’s physician.

(f) Discard leftover milk or formula within 2 hours after each feeding, and rinse bottles after use.

DCF 250.09(3)(f) Commentary: At the parent’s request, any unused formula or breast milk may be returned to the parent.

Freshly expressed breast milk (not frozen) that has not been served to a child may remain at room temperature for up to 4 hours.

Unused frozen breast milk which has been thawed in the refrigerator should be used within 24 hours; it should never be refrozen.

(g) Refrain from heating breast milk or formula in a microwave oven.

DCF 250.09(3)(g) Commentary: Breast milk should be defrosted in the refrigerator if frozen, and then heated briefly in bottle warmers or under warm running water, so the temperature does not exceed 98.6 degrees F. After warming, bottles should be mixed gently, not shaken.

(h) Offer drinking water to infants over 6 months of age and toddlers several times daily.

DCF 250.09(3)(h) Commentary: It is recommended that water not be given to infants under six months of age unless authorized by the child’s physician. Older infants and toddlers should be offered water several times a day, especially if outside in the summer or in a very hot environment while inside. Offering water at meals, in addition to the required milk or juice, is appropriate.

(i) Hold a child unable to hold a bottle whenever a bottle is given. Bottles may not be propped

(j) Hold or place a child too young to sit in a highchair or feeding table in an infant seat during feeding. Wide-based highchairs with safety straps or feeding tables with safety straps shall be provided for children who are not developmentally able to sit at tables and chairs.

DCF 250.09(3)(j) Commentary: Booster seats used in accordance with manufacturer instructions and recommendations meet the highchair requirement.

This requirement for a safety strap is intended to prevent the child from standing up in the high chair and falling out and to prevent a child from slipping down and under the tray. If the highchair or booster seat comes with safety straps, the straps must be used in accordance with manufacturer instructions and recommendations.

(k) Ensure that eating utensils and cups are scaled to the size and developmental level of the children.

(L) Infant bottles and nipples may not be reused without first being cleaned and sanitized.

(4) Diapering and toileting.

(a) Change wet or soiled diapers and clothing promptly.

(b) Change the child on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution used shall be one that is registered with the U.S. environmental protection agency as a disinfectant and has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.

DCF 250.09(4)(b) Commentary: An easily cleanable surface may be a changing table, a plastic covered mat, a plastic covered mattress, or any other surface that is impervious to water and capable of being disinfected. Surfaces that are ripped or torn must be replaced. Providers may not change a child directly on the floor without an easily cleanable protective barrier.

All products must be used in a two-step procedure. First soap and water to rid the surface of any organic material and then the disinfectant is to be used. Products containing both a cleaner and a disinfectant, such as Clorox cleanup products, must be applied using the 2-step process. Be sure to follow product label instructions on wait times.

See Appendix D, Resources List, Cleaning, Sanitizing and Disinfecting in Child Care Settings.

(c) If the diapering surface is above floor level, use a strap, restraint, or other structural barrier to prevent falling. A child may not be left unattended on the diapering surface.

(d) Place soiled cloth diapers in a plastic bag labeled with the name of the child and send them home daily.

DCF 250.09(4)(d) Commentary: Wet bags, bags that are cloth on the outside and plastic-lined on the inside, meet the intent of this rule and no exception is necessary.

Both the Center for Disease Control and the American Academy of Pediatrics recommend that soiled cloth diapers and training pants not be rinsed. The fecal contents may be placed in the toilet, but diapers and training pants should not be rinsed in the toilet.

Bags used for soiled clothing must be kept out of the reach of children.

It is recommended that reusable waterproof coverings (wrap or pullover) used with cloth diapers must be changed after every use.

(e) Place soiled disposable diapers in a plastic-lined, covered container and dispose of them daily.

DCF 250.09(4)(e) Commentary: A hands-free diaper disposal container will prevent the lid of the container from becoming contaminated with bacteria that may be found on the gloves used during the diaper change procedure and in urine and fecal material. Care should be taken to keep children away from the diaper disposal container.

(g) Apply lotions, powders or salves to the child during diapering only at the specific direction of a parent or the child’s physician.

(h) Wash the child during diapering with a disposable towel used only once.

DCF 250.095 Additional Requirements When the Licensee is Not Providing Care to Children at Least 50% of The Center’s Licensed Hours

A licensee who does not provide care and supervision to children at least 50% of the center’s licensed hours shall comply with the following requirements:

(2)

The licensee shall be responsible for the following:

(a) Management, finance, physical plant, and day-to-day operations of the center.

(b) Supervision of the planning and implementation of the center’s program for children.

1. Implement and maintain a written job description for each staff position.

2. Implement and maintain a written personnel policy that addresses 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 licenseeand the licensee to notify the department as soon as possible, but no later than the next business day, when any of the following occurs:

a. The employee has been convicted of a crime.

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.

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.

d. A professional license held by the employee has been denied, revoked, restricted, or otherwise limited.

3. Ensure that each employee is familiar with the employee’s job description, personnel policies, and applicable licensing rules.

5. Ensure staff compliance with continuing education requirements.

(3)

The licensee shall be at the center for at least 30 hours per month during the center’s hours of operation for the exclusive purpose of carrying out licensee responsibilities in sub. (2).

DCF 250.095(3) Commentary: The licensee may be counted in the staff-to-child ratio during the time they are present at the center. These hours must be documented on the Daily Attendance Record form. Hours when the licensee is not counted in the staff-to-child ratio may be documented on a time sheet or other record.

DCF 250.10 Additional Requirements for Night Care

(1) Applicability.

Family child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the requirements of this section.

(2) General requirements

(a) When the same premises are used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.

(b) Minimum staff-to-child ratios and group sizes under s. DCF 250.055 (2) shall be maintained during night care.

(c) The parent or center shall provide each child in care after 10:00 p.m. with an individually labeled sleeping garment and a toothbrush.

(3) Program.

(a) Child care staff shall ascertain from a child’s parent a child’s typical family activities during the period the child is at the center for night care and strive to replicate those activities with the child.

DCF 250.10(3)(a) Commentary: It is recommended that the provider address this in the center’s policies.

See DCF 250.09 (2) (b) – INFANT TODDLER SLEEP SCHEDULE and 250.09 (3) (a) – INFANT TODDLER EATING SCHEDULE.

(b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child may engage in activities.

(c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.

(d) School-age children shall have an opportunity to read or do school work.

(4) Preventive measures

(a) A provider shall develop, submit to the department, and implement a plan to evacuate sleeping children in an emergency. Review of the plan shall be part of orientation under s. DCF 250.05 (3).

(b) Centers operating during hours of darkness shall have emergency lighting, such as an operable flashlight, readily available to a provider.

(c) Providers shall be awake, available, within call and able to respond to the needs of the children whenever children are in care.

(5) Feeding

(a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.

(b) A nighttime snack shall be available to all children in care.

(6) Sleep

(a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.

(b) Sleep routines for individual children shall be based on information provided by the parents.

(c) A bed, crib or cot with sheets and blankets individual to each child shall be provided for children spending the night.

(d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.

(e) Children under 2 years of age in night care shall sleep in cribs.

DCF 250.10(6)(e) Commentary: See 250.03 (4m) – DEFINITION – CRIB. Center must follow the manufacturer’s height and weight specifications for cribs.

DCF 250.11 Licensing Administration

(1) Licensing requirement.

If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.

(2) General conditions for approval of license.

(a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.

(am) An applicant for a license to operate a family child care center shall be an individual who is at least 18 years of age.

DCF 250.11(2)(am) Commentary: An applicant may set up their business or tax ID as an LLC, but for the purposes of their child care license, they cannot apply as an LLC.

(ar) A person may not be issued a license to operate more than 2 family child care centers, unless the license for each center was issued prior to the effective date of this subdivision [March 1, 2023].

(b) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.

(c) Persons licensed to operate a family child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the family child care center. A determination that a person is unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not the abuse or neglect results in a criminal charge or conviction.

(d) The department shall issue a family child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.
Note: See DCF 250.03 (11) for the definition of “fit and qualified.”

(e) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center may endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.

(f) The department may deny or revoke the license if the examination specified under par. (e) gives the department reasonable concern for the care of children.

(g) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.

(h) The department shall consider a licensee who fails to submit any of the materials described in sub. (4) or (5) by the expiration or continuation date of a license to have surrendered the license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.

(3) Initial application for a probationary license.

(a) An applicant for a license shall have obtained pre-licensing technical assistance that results in a completed initial licensing study checklist from a representative of the department prior to submitting an application for a license.
Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate regional office in Appendix A. The department will provide the application form to an applicant upon completion of the pre-licensing technical assistance.
Note: 2. An initial licensing study checklist includes a list of those rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the department or the appropriate regional office in Appendix A.

(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.

1. The license fee required under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeiture under s. 47.715 (3) or 49.155 (7m) (a) 3., Stats, and any unpaid penalty under s. 48.76., Stats.

2. A completed background check request form for the applicant and, if the center will be located in a residence, any household member 10 years of age and above, and any applicable fees.

3. A statement from a representative of the department that details the results of any pre-licensing technical assistance.

4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.

5. Results of a water test if the center has a private well.

6. Results of a vehicle safety inspection if the center will transport children.

6m. Documentation of liability insurance on a vehicle used to transport children, as required under s. DCF 250.08 (5) (c).

7. Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

8. A copy of all center policies as specified under s. DCF 250.04 (2) (e).

8m. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the center and identify by the position or name those persons on the premises who are in charge of the center for all hours of operation.

9. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(cm) Before receiving a probationary license, a license applicant shall satisfactorily complete the same course or credential that is required for a lead provider under s. DCF 250.05 (3) (b).

(d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.

(e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6 month duration. A probationary license may be renewed for one 6-month period.

(f) If the department determines that an application does not comply with the applicable requirements of this chapter or the department’s investigation determines that the applicant is not eligible for a license, the department may deny the application.

(4) Obtaining a regular license.

(a) At least 30 days before the expiration date of a probationary license, an applicant for license renewal shall submit to the department the following materials:

1. A completed license application.

3. The license renewal fee under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeiture under s. 48.715 (3), Stats., and any unpaid penalty under s. 48.76, Stats.

4. Any changes to center policies, if not previously submitted.

5. Results of a water test if the center has a private well.

6. Results of a vehicle safety inspection if the center will transport children.

6m. Documentation of liability insurance on a vehicle used to transport children as required under s. DCF 250.08 (5) (c).

7. Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

7m. Any changes to the delegation of administrative authority.

8. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(b) If the department determines that the applicant has met the minimum requirements for a license under this chapter and if the applicant has paid the applicable fees under ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall issue the applicant a regular license.

(5) Continuing a regular license.

(a) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance.

(b) At least 30 days before the continuation review date of the license, an applicant for license renewal shall submit to the department the following materials:

1. A completed license continuation application.

3. The license renewal fee under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeitures under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any unpaid penalties under s. 48.76, Stats.

4. Any changes to center policies, if not previously submitted.

5. Results of a water test if the center has a private well.

6. Results of a vehicle safety inspection if the center will transport children.

6m. Documentation of liability insurance on a vehicle used to transport children required under s. DCF 250.08 (5) (c).

7. Documentation of the liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

7m. Any changes to the delegation of administrative authority.

8. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(c) If the department determines that the licensee has met the minimum requirements for a license under this chapter, and if the applicant has paid the applicable fees under ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall issue the applicant a regular license. Regular licenses shall be reviewed and continued for a 2-year period.

(6) Amending a license.

(a) A licensee shall submit to the department a written request for an amendment to the license if the licensee wishes to change any of the following aspects of the license:

1. A change in the number of children served.

2. The age range of the children.

3. The hours of the center’s operation.

4. The days of the week the center is in operation.

5. The months of the year the center is in operation.

6. The name of the center.

(b) A licensee may not make a change that affects a condition of the license identified under par. (a) without the prior written approval of the department.

(c) A licensee may not move the center to a new location or change ownership of the center without notifying the department at least 30 days prior to the change. A new application and license is required when a center moves or changes ownership.
Note: The department’s form CFS-0067, Initial License Application – Family Child Care Centers, is used to apply for a new license. The department will provide an application prior to the continuation date for a new license.

(d) A licensee proposing to increase the licensed capacity of a center shall demonstrate compliance with this chapter in the operation of the existing center and compliance with rules for any other facility licensed by the department and operated by the licensee.

(7) Additional license.

A licensee applying for a license for an additional center location shall demonstrate compliance with this chapter in the operation of any existing center he or she operates and compliance with rules for any other facility licensed by the department and operated by the licensee. The licensee shall pay any fines, forfeitures or other fees due and owing under s. 48.715, Stats., or s. 48.65, Stats., on other facilities licensed by the department before the department issues an additional license.

(8) License denial or revocation.

(a) The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if the applicant or licensee, a proposed or current employee, a volunteer, a household member or any other person having regular contact with the children is, has or has been any of the following:

1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.

2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.

3. Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.

4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

5. The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.

6. Had a child care license or certification revoked or denied within the last 5 years.

7. Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

8. Made false statements or withheld information.

(b) The department may deny, revoke, refuse to renew or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if the applicant or licensee is not fit and qualified as determined under sub. (2).
Note: See s. DCF 250.03 (11) for the definition of “fit and qualified.” Examples of charges, actions or offenses the department will consider when making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to the following: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. This list is illustrative. Other types of offenses may be considered.

(c) The department shall deny or refuse to continue or revoke a license if the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for the failure of the applicant or licensee to comply, after appropriate notices, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5), Stats., and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857, Stats. Notwithstanding s. 48.72, Stats., an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857, Stats., and not as provided in s. 48.72, Stats.

(d) The department shall deny an application for the issuance or continuation of a license or revoke a license if the Department of Revenue certifies under s. 73.0301, Stats., that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5), Stats., and not as provided in s. 48.72, Stats.

(9) Effect of notice to deny or revoke a license.

(a)1. If the department decides under sub. (8) to deny the grant of a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.

2. If the department revokes a license, the effective date of the revocation shall be either immediately or 30 days after the date of the department notice in subd. 1., based on the criteria under s. 48.715 (4m) (a) and (b), Stats., unless the decision is appealed under sub. (11).

(b) Upon receipt of the notice in par. (a) and during any revocation or denial procedures that may result, a family child care center may not accept for care any child not enrolled and in care as of the date of receipt of the notice without the written approval of the department.

(10) Summary suspension of a license.

(a) Under the authority of s. 227.51 (3), Stats., the department shall summarily suspend a license and close a family child care center when the department finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of a requirement for summary suspension of the license may be based on any of the following:

1. Failure of the licensee to provide environmental protections for the children, such as heat, water, electricity or telephone service.

2. The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily security.

3. The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the center or has a pending charge which substantially relates to the care of children or activities of the center.

4. The licensee, employee, volunteer or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981, Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.

5. The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child care center that directly threatens the health, safety or welfare of any child under the care of the licensee.

(b) An order summarily suspending a license and closing a family child care center may be a verbal order by a licensing representative of the department. Within 72 hours after the order takes effect, the department shall either permit the reopening of the center or proceed under subs. (8) or (9) to revoke the license. A preliminary hearing shall be conducted by the Department of Administration’s division of hearings and appeals, within 10 working days after the date of the initial order to close, on the issue of whether the license shall remain suspended during revocation proceedings.

(11) Appeal of decision to deny or revoke a license.
Any person aggrieved by the department’s decision to deny an initial license or the renewal of a license or to revoke a license may request a hearing on that decision under s. 227.42, Stats. The request for a hearing shall be in writing and submitted to the Department of Administration’s division of hearings and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10 days after the date of the notice under sub. (9).
Note: A request for hearing should be submitted by mail to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707-7875, or faxed to 608-264-9885. A copy of the request should be sent to the appropriate Division of Early Care and Education regional office listed in Appendix A.

DCF 250.12 Complaints, Inspections, and Enforcement Actions

(1) Complaints.

(a) Anyone having a complaint about a licensed or illegally operating family child care center may submit that complaint to the department by telephone, letter or personal interview. A representative of the department shall investigate every complaint. If requested by the complainant, the department shall provide the complainant a written report of the investigation findings.
Note: A complaint should be sent, phoned or delivered to the appropriate Division of Early Care and Education regional office listed in Appendix A.

(b) The licensee may not discharge an employee because the employee has reported violations of this chapter to the licensing representative.

(2) Inspection.

Pursuant to s. 48.73, Stats., the department may visit and inspect any family child care center at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises identified in the license, including access to children in care, staff and child records, and any other materials or individuals with information on the family child care center’s compliance with this chapter.

(3) Enforcement action.

The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.686, 48.715, or 48.76, Stats.

Appendix A: Regional Offices of The Division of Early Care and Education

The Department of Children and Families licenses child care centers through five Division of Early Care and Education regional offices. Below are addresses and phone numbers of the regional office and the counties and tribes within each region.

REGIONS	COUNTIES AND TRIBES
Northeastern Regional Office 200 North Jefferson, Suite 411 Green Bay, WI 54301 Gen: 920-785-7811 Fax: 920-785-7869	Counties: Brown, Calumet, Door, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Ozaukee, Shawano, Sheboygan, Washington, Waupaca, Waushara, Winnebago Tribes: Menominee, Oneida, Stockbridge-Munsee, Ho-Chunk
Northern Regional Office 2187 North Stevens Street, Suite C Rhinelander, WI 54501 Gen: 715-361-7700 Fax: 715-365-2517	Counties: Ashland, Bayfield, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Oneida, Portage, Price, Sawyer, Taylor, Vilas, Wood Tribes: Bad River, Lac Courte Oreilles, Lac du Flambeau, Red Cliff, Sokaogon, Forest County Potawatomi, Ho-Chunk
Southeastern Regional Office 635 N 26th Street Milwaukee, WI 53233-1803 Gen: 262-446-7800 Fax: 262-446-7991	Counties: Kenosha, Milwaukee, Racine, Waukesha
Southern Regional Office 201 W. Washington Avenue P.O. Box 8947 Madison, WI 53708-8947 Gen: 608-422-6765 Fax: 608-422-6766	Counties: Adams, Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa, Jefferson, Juneau, Lafayette, Richland, Rock, Sauk, Walworth Tribes: Ho-Chunk
Western Regional Office 221 W Madison Street Eau Claire, WI 54703-0106 Gen: 715-930-1148 Fax: 715-930-1139	Counties: Barron, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Jackson, LaCrosse, Monroe, Pepin, Pierce, Polk, Rusk, St. Croix, Trempealeau, Vernon, Washburn Tribes: Ho-Chunk

REGIONS

COUNTIES AND TRIBES

Northeastern Regional Office

200 North Jefferson, Suite 411

Green Bay, WI 54301

Gen: 920-785-7811

Fax: 920-785-7869

Counties: Brown, Calumet, Door, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Ozaukee, Shawano, Sheboygan, Washington, Waupaca, Waushara, Winnebago

Tribes: Menominee, Oneida, Stockbridge-Munsee, Ho-Chunk

Northern Regional Office

2187 North Stevens Street, Suite C

Rhinelander, WI 54501

Gen: 715-361-7700

Fax: 715-365-2517

Counties: Ashland, Bayfield, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Oneida, Portage, Price, Sawyer, Taylor, Vilas, Wood

Tribes: Bad River, Lac Courte Oreilles, Lac du Flambeau, Red Cliff, Sokaogon, Forest County Potawatomi, Ho-Chunk

Southeastern Regional Office

635 N 26th Street

Milwaukee, WI 53233-1803

Gen: 262-446-7800

Fax: 262-446-7991

Counties: Kenosha, Milwaukee, Racine, Waukesha

Southern Regional Office

201 W. Washington Avenue

P.O. Box 8947

Madison, WI 53708-8947

Gen: 608-422-6765

Fax: 608-422-6766

Counties: Adams, Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa, Jefferson, Juneau, Lafayette, Richland, Rock, Sauk, Walworth

Tribes: Ho-Chunk

Western Regional Office

221 W Madison Street

Eau Claire, WI 54703-0106

Gen: 715-930-1148

Fax: 715-930-1139

Counties: Barron, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Jackson, LaCrosse, Monroe, Pepin, Pierce, Polk, Rusk, St. Croix, Trempealeau, Vernon, Washburn

Tribes: Ho-Chunk

Chapter DCF 250Licensing Rules for Family Child Care Centers With Commentary

Register March No. 843A4

DCF 250.01 Authority and Purpose

DCF 250.02 Applicability

DCF 250.03 Definitions

DCF 250.04 Operational Requirements

DCF 250.05 Staff

DCF 250.055 Supervision and Grouping of Children

DCF 250.06 Physical Plant and Equipment

DCF 250.07 Program

DCF 250.08 Transportation

DCF 250.09 Additional Requirements for Infant and Toddler Care

DCF 250.095 Additional Requirements When the Licensee is Not Providing Care to Children at Least 50% of The Center’s Licensed Hours

DCF 250.10 Additional Requirements for Night Care

DCF 250.11 Licensing Administration

DCF 250.12 Complaints, Inspections, and Enforcement Actions

Appendix A: Regional Offices of The Division of Early Care and Education

Chapter DCF 250
Licensing Rules for Family Child Care Centers With Commentary