Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
In accordance with DCF 202.08(5)(c) no individual provider may take care of children for more than 16 hours in any 24-hour period.
Certification workers may grant exceptions to the 16-hour rule on a case by case basis, if the certification worker determines that an alternative means meets the intent of the requirement. Section 2 of Module 6 or Module 3 section 3.10 regarding exceptions for additional guidance.
The rationale for the 16-hour rule is to assure that the provider is alert and attentive, that children are not in care for excessive hours, and to allow for hours in the certified home during which the provider can relax and sleep.
Below are the criteria the certification worker may consider if an operator requests to be approved for 24-hour care.
The provider may request an exception in writing.
There must be a second qualified provider approved by the certification agency, who will be in charge for the hours beyond 16 hours. The substitute is not granted certification, but must meet training and other requirements (i.e. SIDS, AHT/SBS, entry-level training, continuing education, background check, TB screening) See Policy Module 5 – Training and Section 1.1.4 of this module for requirements regarding substitutes.
The certification worker may request that the operator submit to the certification agency work schedules indicating when the primary provider and the other provider are in charge. The schedule should include days and times. The department provided Daily Attendance Record, Section C, can be used to document this information.
The certification agency may request that the operator submit to the certification agency schedules for enrolled children, including name, date of birth, days and hours of care.
The operator must review with each provider the information listed under DCF 202.08(4m)(e).
The operator will be responsible for any violations or liability issues in the certified home, even if the violations occur during hours when the other provider is in charge. Only the operator will be entered into the child care subsidy system and all authorizations will be made to the certified operator.
If a parent has an alternating work schedule and the operator's hours of operation may be approved for up to 24 hours in order to accommodate the alternating work schedule. However, it is advised that the certification worker grant certification with a condition (stipulation/exception) that the operator may not provide more than 16 hours of care in any 24-hour time period.
The hours, days, and months of a certified program’s operation may not exceed those specified on the certificate of approval. However, an operator may care for 3 or fewer unrelated children under age 7 outside of certified hours. The certification worker has authority to monitor for compliance during hours of operation. The operator may not be paid by Wisconsin Shares or the CACFP during non-regulated hours.
This page last updated 04/2024.