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 family child care include the following violations:
Licensed Capacity. 250.04(1)(a). 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.
Report – Incident or Accident. 250.04(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 of the incident.
Background checks. 250.04(3)(e) AND 250.05(2)(b). The licensee shall report to the Department 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; AND 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 time lines and requirements specified in s. 48.686, Stats, and ch. DCF 13, and the person is eligible to work in a child care program.
Reporting abuse or neglect of a child. 250.04(8)(a). A licensee or provider who knows or has reasonable cause to suspect that a child has been abused or neglected as defined in 48.02(1) and 48.981(1) shall immediately contact the county department of social services or human services or local law enforcement agency in compliance with 48.981.
Alcohol or Controlled Substance Consumption or Under the Influence. 250.055(1)(j). 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.
Supervision of children. 250.055(1)(a) and 250.055(1)(L). Each child shall be closely supervised by a provider to guide the child’s behavior and activities, prevent harm and assure safety. AND 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.
Exceeding licensing limit or staff-to-child ratio. 250.055(2)(a) or (b) or (c). At no time may more than 8 children be in the care of the center. Or; The maximum number of children that one provider may care for is specified in Table 250.055. Or; 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.
Maintaining accurate attendance records. 250.04(6)(b). Licensee shall maintain a current, accurate written record of daily attendance on a department-prescribed form that includes actual time of arrival and departure for each child for the length of time the child is enrolled in the program.
Orientation of employees, volunteers and substitutes. 250.05(3)(a). 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 and cover all required topics.
Access to potentially dangerous items. 250.06(2)(b). 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.
Access to materials potentially harmful to children. 250.06(2)(c). Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs or any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.
Potential source of harm on premises (hazards). 250.06(2)(e). The center’s indoor and outdoor child care space shall be free of hazards including any recalled products.
Hot tubs. 250.06(2)(i) or (j). 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. OR; 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.
Swimming pools. 250.06(12)(a). 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.
Child management techniques. 250.07(2)(c)1 - 5. Actions which are humiliating and frightening are prohibited.
Behavior of caregivers, employees or others. 250.07(6)(a)2.a. 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.
Medications. 250.07(6)(f)6. or 3. Medication for a child in care shall be administered by the center as directed on the label and as authorized by the parent. Or; Medications shall be stored so they are not accessible to children.
Pets or animals. 250.07(7)(b). Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.
Transportation. 250.08(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 positions. 250.09(2)(c). 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.
Flaking or deteriorating paint. 250.06(2)(k). 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.
This page last updated 10/2019.