Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
Serious violations in group child care include the following violations:
Licensed Capacity. 251.04(1)(a). The number of children at a group child care center at any time may not exceed the number for which the center is licensed.
Report – Incident or Accident. 251.04(3)(a) and (am) and (ar). The licensee shall report to the department 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; AND Any death of a child in care, within 24 hours after the death; AND Any animal bite to a child in care, within 24 hours after the incident.
Background checks. 251.05(1)(a)2. And 251.04(3)(g) 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. AND The licensee shall report 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.
Reporting abuse or neglect of a child. 251.04(8)(a). 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) shall immediately contact the county department of social services or human services or a local law enforcement agency, as required by 48.981.
Teacher qualifications. 251.05(3)(f)3. Prior to assuming the position, a person hired to be a child care teacher shall be qualified by having completed one of the training and experience components shown in a.-L.
Behavior of caregivers, employees or others. 251.05(2)(k)2. No licensee, employee, volunteer, visitor or parent whose behavior gives reasonable concern for the safety of children may be in contact with the children in care.
Staff orientation. 251.05(3)(a). Each center shall develop and implement a written orientation program which all new employees, substitutes and regularly scheduled volunteers shall complete and document within their first week at the center.
Supervision of children. 251.055(1)(a) or (f). 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. Or; 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.
Exceeding limit of staff-to-child ratio. 251.055(2)(b). 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.
Maintaining accurate attendance records. 251.04(6)(b). 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.
Maximum group size. 251.055(2) (a) or (d) or (e). The maximum number of children in a group may not exceed the number specified in Table 251.055. Or ; When infants and toddlers are part of a mixed-age group, the size of the group may not exceed 8. Or; 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 as determined by the staff to child pro rata under par. (c)
Potential source of harm on premises (hazards). 251.06(2)(a). The indoor and outdoor premises shall be free of hazards including any recalled products.
Potentially dangerous items on premises/firearms, ammunition on premises. 251.06(2)(c). Firearms, ammunition or other potentially dangerous items may not be kept on the premise.
Access to materials potentially harmful to children. 251.06(2)(d). 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.
Alcohol or non-prescribed drug use. 251.055(1)(j). A licensee, employee, volunteer or other individual in contact with children may not consume alcoholic beverages or any non-prescribed controlled substance specified in ch. 961 on the premises of a center or be under the influence of any alcohol or non-prescribed controlled substance, during the hours of center’s operation.
Flaking or deteriorating paint. 251.06(2)(i) and 251.06(2)(im). There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. No lead-based paint or other toxic finishing material may be used indoor or outdoor furnishings and equipment.
Energy absorbing surfaces on playgrounds. 251.06(11)(b)5. An energy-absorbing surfaces 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.
Swimming pools. 251.06(12)(a). Above ground and in ground swimming pools on the premises may not be used by children in care and 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.
Child management techniques. 251.07(2)(e)1 - 5. Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited.
Medications. 251.07(6)(f)5. or 3. All medications for a child in care shall be administered by the center as directed on the label and as authorized by the parent. Or; Medication shall be stored so it is not accessible to the children.
Pets or Animals. 251.07(7)(b). Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.
Transportation. 251.08(2), (3), (4), (5), (6), (7), (8). Permission and emergency information, required information for each trip, driver, vehicle, seat belts and child safety restraints, vehicle capacity and supervision and child care vehicle safety alarm.
Infant sleep position. 251.09(2)(bm). 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.
This page last updated 10/2019.