Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Certification Policy Manual

2.0 Exceptions - DCF 202.04(8) Exceptions to Particular Certification Requirements

Under DCF 202.01(3) a county or tribal agency may grant an exception to any standard in s. DCF 202.08 if the county or tribal agency determines that an alternative means meets the intent of the requirement, except for any rules that also have a statutory requirement, such as the background check law, Wis. Stats., 48.686.

An exception does not mean the rule does not apply, but rather the operator has proposed/demonstrated an alternative way that the intent of the rule would be addressed in the exception. Exceptions to standards in DCF 202 may be granted on a case by case basis. Failure to comply with any conditions related to the exception could result in withdrawal of the exception and/or suspension, revocation or refusal to renew certification.

Certifiers do not have authority to grant exceptions to Wisconsin State Statutes such as the Background Check Law s. 48.686, the Licensing Law s. 48.65(1), SIDS/SBS training requirements in s. 49.155 or s. 49.658 regarding vehicle alarm requirements.

Licensing Law Example: A certified operator requests an exception to provide care for 4 children (unrelated to the operator) under age 7 for a period of 3 months, until one of the children will turn age 7. The certification agency does not have authority to grant an exception to the licensing law. This means the certification agency cannot allow a certified operator to provide care for more than 3 children under the age of 7 at one time who are unrelated to the operator. See the WISCCRS User Guide for detailed instruction regarding granting certification with conditions, including exceptions.

Note regarding  group size exceptions

The certification agency does not have authority to grant exceptions to the licensing law. This means the certification worker cannot allow a certified operator to care for more than 3 children under the age of 7 who are unrelated to the operator, at one time. Additionally, building codes restrict a family child care provider from caring for more than 8 children, which is the licensing capacity. SPS 361.02(3)(g) building codes don’t apply to “A one- or 2-family dwelling in which a public or private day care center for 8 or fewer children is located.”

The agency may grant exception to the standards in DCF 202 if the operator can demonstrate that the exception does not jeopardize the health, safety or welfare of any child in care. The operator must request the exception in writing and the request must include justification for the requested action and a description of any alternative means to meet the intent of the rule. Before an agency may grant exception to any of the rules, the agency must make a determination regarding the intent of the rule the operator is asking for an exception. Usually the intent is to assure an acceptable level of safety and minimum level of quality care is met.

The exception begin date and end date shall be entered into WISCCRS and may be printed onto the certificate of approval. See the WISCCRS User Guide and Certification Policy Module 3 Application Process for additional guidance regarding granting certification with conditions/exceptions.

This page last updated 08/2020.