Serious Violations in Licensed Child Care

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.

Comply with all laws governing the facility and its operation.

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 days of th4e 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, within 24 hours of the licensee becoming aware of the medical evaluation.

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

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

(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.

The licensee shall maintain a current, accurate written record of the daily attendance on a form prescribed by the department that includes the actual time of arrival and departure for each child for the length of time the child is enrolled in the program.

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

The file shall contain 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.

Each employee, volunteer, or substitute shall receive an orientation before the individual begins work with children in care. The orientation shall be documented on a form prescribed by the department and kept in the employee file. The orientation shall cover all required topics.

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

(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.

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.

(a) At no time may more than 8 children be in the care of the center.

(b) The maximum number of children that one provider may care for is specified in Table 250.055.

(c) If the size of the group or the age distribution of the children exceeds the number that may be served by one provider, an additional qualified provider shall be present.

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.

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.

The center’s indoor and outdoor child care space shall be free of hazards including any recalled products.

(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 the lock is inaccessible to children.

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.

Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be surrounded by a permanent enclosure as specified under sub. (11)(b)4. In addition, all of the restrictions in 1. – 5. apply.

(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.

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.

4. Withholding or forcing meals, snacks or naps.

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

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.

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

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

Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.

(2) Permission and emergency information.

(3) Required information for each trip.

(4) Driver.

(5) Vehicle.

(6) Seat belts and child safety restraints.

(7) Vehicle capacity and supervision.

(8) Child care vehicle safety alarm.

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.

The number of children at a group child care center at any time may not exceed the number for which the center is licensed.

Comply with all laws governing the facility and its operation.

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.

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

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

(g) Any known convictions, pending charges or other offenses of the licensee, child care center employees or other person subject to a caregiver background check which could potentially relate to the care of children at the center or activities of the center by the department's next business day.

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

A licensee, employee or volunteer at a child care center who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in 48.02(1) or 48.981(1), Stats., shall immediately contact the county department of social services or human services or a local law enforcement agency, as required by s. 48.981, Stats.

The file on each employee shall include documentation of a completed child care background check that indicates the person is eligible to work in a child care program as specified in s. 48.686, Stats., and ch. DCF 13.

Prior to assuming the position, a person hired to be a child care teacher shall complete or obtain one of the training and experience components shown in a. through L.

No licensee, employee, volunteer, visitor, or other person whose behavior gives reasonable concern for the safety of children may be in contact with the children in care.

Each center shall develop and implement a written orientation program that all new employees, substitutes, and regular volunteers shall complete and document within their first week at the center. The orientation shall cover all of the required topics in subd. 1. through 18.

(a) Each child shall be supervised by a child care worker who is within the sight and sound of the children to guide the children’s behavior and activities, prevent harm, and ensure safety.

(f) The center shall implement and adhere to a procedure to ensure that the number, names, and whereabouts of children in care are known to assigned child care workers at all times.

(a) The maximum number of children in a group may not exceed the number specified in Table 251.055.

(d) When infants and toddlers are part of a mixed-age group, the size of the group may not exceed 8.

(e) When the group of children is a mixed age group of children 2 years and older, the group size shall be determined by the number of children that can be cared for by 2 child care workers with the required staff-to-child ratios in Table 251.055 adjusted on a pro rate basis in accordance with the ages of the children in the group.

The ratio of child care workers to children may not be less than the minimum number of child care workers to children specified in Table 251.055.

The indoor and outdoor premises shall be free of hazards including any recalled products.

Firearms, ammunition, and other potentially dangerous items may not be kept on the premises.

Materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, cleaning supplies, bleaches, and other hazardous, toxic, or poisonous articles shall be appropriately labeled and stored in areas inaccessible to children.

(i) There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children.

(im) No lead-based paint or other toxic finishing material may be used on indoor or outdoor furnishings and equipment.

An energy-absorbing surface, such as loose sand, pea gravel, or pine or bark mulch in a depth of at least 9 inches is required under climbing equipment, swings, and slides whenever the play equipment is 4 feet or more in height and in a fall zone of 4 feet beyond the equipment. Shredded rubber and poured surfacing shall be installed to the manufacturer's specifications based on the height of the equipment.

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

Wood containing creosote or pentachlorophenol (PCP), including railroad ties, may not be accessible to children.

Above-ground and in-ground swimming pools on the premises may not be used by children in care. Swimming pools shall be enclosed by a 6-foot fence with a self-closing, self-latching door. Spaces between the vertical posts of the fence shall be 4 inches or less. A beach on the premises may not be used by children in care and access to a beach shall be restricted by a 6-foot fence.

(e) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:

1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing, or inflicting any other form of corporal punishment.

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

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

4. Withholding or forcing meals, snacks or naps.

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

3. Medication shall be stored so it is not accessible to the children.

5. All medication for a child in care shall be administered by the center as directed on the label and as authorized by the parent.

Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.

(2) Permission and emergency information.

(3) Required information for each trip.

(4) Driver.

(5) Vehicle.

(6) Seat belts and child safety restraints.

(7) Vehicle capacity and supervision.

(8) Child care vehicle safety alarm.

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.