Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
When the children are playing outside, a child care provider shall be outside with the children and shall provide both sight and sound supervision at all times unless the play area is fenced in accordance with DCF 202.08(2)(e)7: “The outdoor play area shall have a permanent enclosure not less than 4 feet high to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. If the outdoor play area does not have a permanent enclosure, a provider shall be outside with children providing sight and sound supervision when children are outside in order to guide the behavior and activities of the children." And, DCF 202.08(2)(e)6: “Wading pools may be used if the water is changed daily and the pool is disinfected daily. A provider shall be outside with children providing sight and sound supervision when a wading pool with water in it is present in the outdoor play area.”
The certified operator has other options beyond installing a fence to enclose the outdoor play space, such as the use of landscaping and plants. A request for an exception to the fence rule shall be made in writing and shall be accompanied by a detailed plan for the protection of the children. Some items to be considered when writing / evaluating the exception request include evaluation of the following:
The age of the children as specified in the terms of the certificate of approval.
The location of hazards in relation to the usual play area of children.
Any other circumstances which may affect the safety of children.
The compliance history of the certified operator with respect to supervision of children and previous sanctions.
Exceptions shall be periodically reviewed 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 certification worker. Failure to comply with the conditions of the exception could result in withdrawal of the exception or other sanction.
Note: If the home has a pool DCF 202.08(2)(e)5 requires on-ground or in-ground swimming pools to be inaccessible to children in care by use of a permanent enclosure or other protective measure.
This page last updated 01/2020.