Most Frequently Cited Rule Violations - Licensed Child Care

Wisconsin emphasizes a collaborative partnership with child care providers to help ensure children receive quality care when enrolled in a licensed child care program. The licensing rules were developed to protect the health, safety, and well-being of children in licensed child care settings and to provide a foundation for building a quality child care program.

Licensing specialists make periodic, unannounced visits to each center to monitor for compliance with the licensing rules. When violations of the rules are found, the center is issued a Statement of Non-Compliance (CFS-294) that specifies the exact violation and requires the center to complete a Plan of Correction stating what steps will be taken to correct the violation and prevent re-occurrence of similar violations.

DCF 250.05(2)(b) and DCF 251.05(1)(a)2-  Staff Record - Completed Background Check

These rules require that licensees ensure that child care background checks are completed in compliance with the timelines and requirements specified in s. 48.686, Stats, and ch. DCF 13, and that persons required to have a background check are eligible to work in a child care program.

Compliance Tip:

Caregivers and noncaregiver employees must have preliminary eligibility prior to working with children at the center. Requiring potential staff to complete the background check requirements through iChildCare is one way to ensure they have met the requirements prior to hire. When the center receives quarterly notices regarding employees listed in the provider portal who are due for a background check, log in to the portal to review the list of employees and make any necessary changes. Ensure day-to-day staff have access to the Child Care Provider Portal for accuracy.

DCF 250.05(2)(d) and DCF 251.05(2)(a) Staff Record - Physical Examination 

These rules require that all staff members except as provided in rule are required to have a copy of a physical examination report that was completed within 12 months before or 30 days after the staff member became licensed or began working with children in care in the staff file. The report indicates whether the staff member is free from illness detrimental to children, including tuberculosis, and indicates if the staff is physically able to work with children.

Compliance Tip:

Set continuous virtual or physical reminders that prompt staff to review staff files for completeness. If a staff member is having difficulties scheduling a doctor's appointment within the 30 day timeframe from which they were hired, work with your Licensing Specialist to obtain an exception request or figure out another solution.

DCF 250.05(3)(fm) and DCF 251.05(3)(cm) - Child Abuse & Neglect - Biennial Training

These rules require that all staff members must complete a training on child abuse and neglect identification and  reporting requirements. Family child care licensees and workers must complete this training prior to working with children. Group child care providers must complete the training within one week after working at the child care center. All staff must retake a training on child abuse and neglect identification and  reporting requirements at least every 2 years thereafter.

Compliance Tip:

Try to coordinate training days in which all staff receive trainings at the same time to ensure center-wide compliance. Set virtual or physical reminders to review staff files to ensure all items are up-to-date.

A free virtual child abuse and neglect training is available through the University of Wisconsin (https://media.wcwpds.wisc.edu/mandatedreporter/). Select the "Mandated Reporters by State Statute" training to meet child care licensing requirements.

Work with your local county child protective services agency to coordinate an in-person training.

DCF 250.055(1)(L) and DCF 251.055(1)(f) - Child Tracking Procedure

These rules require the licensee or center to implement and adhere to a procedure to ensure that the number, names, and whereabouts of children in care are known to the provider or child care workers at all times.

Compliance Tip:

Knowing where each child in your care is at all times can be tricky whether in a home setting or a group setting.

Losing track of a child can happen in a family child care program when the provider is in the kitchen preparing a meal and the children are playing in another area of the home, or it can happen in a group setting when a child leaves a classroom to go outside or the group moves to a new location. There are many methods a program could use to track a child’s whereabouts during the day. For example, frequently matching a child's name on the attendance sheet to the child's face in the classroom (name-to-face tracking) may work in one setting, but not another. Whatever tracking method you use, remember that you must know both the number of children and the names of all children present at any given time.

DCF 250.05(3)€ and DCF 251.05(3)(c) - Cardiopulmonary Resuscitation Training

These rules require that all family licensees and providers and all group employees in regular contact with children must obtain and maintain a current cardiopulmonary resuscitation training in the individual's staff file. The training must include training on the use of an automated external defibrillator.

Compliance Tip:

Try to coordinate training days in which all staff receive trainings at the same time to ensure center-wide compliance. It is best practice to keep a copy of the completion certificate in the staff member's file. If completion certificates are kept elsewhere, be sure that they are easily accessible in the event of a monitoring visit. Set virtual or physical reminders to review staff files to ensure all items are up-to-date.

DCF 250.055(1)(a) and DCF 251.055(1)(a) - Supervision of Children

These rules require that children are supervised to guide behavior and activities, prevent harm, and ensure safety.

Compliance Tip:

Sometimes, room arrangement can impact a provider’s ability to guide behavior and ensure safety. Outside play areas may present a particular challenge because there is usually more open space for children to move around quickly, which may make it more difficult to monitor what each child is doing. It’s important to carefully consider the possible barriers presented by furniture and equipment when setting up the indoor and outdoor spaces, paying particular attention to the ability of the provider to easily scan all areas and respond quickly if necessary. Clearly identifying active and quiet areas can help children easily identify which areas may be safer to play in depending on the chosen activity.

Be sure to review tracking procedures with all staff. Ensure that tracking procedures are implemented by you and/or child care staff during all transitions.

Preparing for the day prior to children arriving to the child care center can help to prevent the need to leave the classroom later on in the day. Placing yourself in the room or area being used so that you can see all of the children simultaneously and planning ahead for some of the more predictable situations that occur throughout a typical day can reduce the possibility of supervision challenges. For example, toileting and diapering could be done either before or after outside time, and a portable phone or answering machine can allow the provider to maintain supervision of the children while also attending to business needs. These rules require that children are supervised to guide behavior and activities, prevent harm, and ensure safety.

DCF 250.07(6)(b) and DCF 251.06(dm)4 - Medical Log - Reviewing Injury Records

This rule requires that all group directors or an individual that the director designates must review records of injuries with staff every 6 months to ensure that all possible preventative measures are being taken. The review must be documented in the medical log book.

The 6 month review requirement is not a requirement for family child care providers. Please review DCF 250 for family requirements.

Compliance Tip:

Set virtual or physical reminders to have appropriate staff member review and sign the medical log book every 6 months.

Bring medication boxes and medical logs to staff meetings and review as a group for accuracy, injury documentation, and patterns of injuries. If several injuries are occurring in one area or center of the room, it may be beneficial to reassess that area. Similarly, if injuries are occurring at a specific time of the day, it may be beneficial to reassess daily schedules and transitions.

Follow up on any entries that you have questions or concerns about with the appropriate staff. Coordinate review periods with staff meetings to ensure review periods with staff are completed.

DCF 250.06(2)(c) and DCF 251.06(2)(d) - Access to Materials Potentially Harmful to Children

These rules require all potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, cleaning supplies, bleaches and other hazardous, toxic or poisonous articles, must be properly labeled and stored in areas inaccessible to children.

Compliance Tip:

Doing a daily sweep of areas (including kitchens, bathrooms, cupboards, and countertops) to check for items that could cause harm is one way to ensure there are no potentially harmful materials accessible to children. Having designated areas for storing these types of materials and making sure that when a potentially harmful item is used it is returned to the proper storage area can also be helpful in protecting the children in care.

DCF 250.04(6)(b) and DCF 251.04(6)(b) - Current, Accurate Daily Attendance Record

These rules require programs to track when a child arrives or leaves the program and includes the exact time of arrival or departure.

Compliance Tip:

In order to know who is in your care at any given moment, a system for documenting a child’s arrival and departure time is necessary. Different methods may work for various settings, however having a staff member greet each child at arrival and sign them into care is a good way to build relationships with parents and welcome the child to show them you are happy that s/he is there. Likewise, connecting at the end of the day to wish each family a pleasant evening and signing the child out of care can help keep your attendance records accurate. We recommend keeping the attendance form nearby during the busy arrival and departure times so that you don’t have to look for it when a child leaves for the day.

DCF 250.05(2)(b) and DCF 251.05(1)(a)2-  Staff Record - Days & Hours Worked

These rules require that child care centers document the actual hours an employee worked if the hours were used to meet the staff-to-child ratio.

Compliance Tip:

Set virtual or physical reminders to review staff documentation to ensure staff are appropriately recording their days and hours worked. Use a punch system to  ensure accurate and timely reporting. Keep a clock near the tracking system so staff can easily verify what time they clock in or out. Have staff sign in and out of the classroom on the same attendance sheet as the enrolled children so information is contained in one document.

250.11(5)(b) and 251.11(4)(b) - Continuation License - Application Materials Submission

Child care licensees are required to submit continuation materials at least 30 days before the continuation review date of the license.

Compliance Tip:

Set virtual or physical reminders to prompt staff to review continuation materials. Know your renewal dates ahead of time so that you are prepared when the continuation materials come through the Child Care Provider Portal or the mail.

Providers are now able to complete continuation applications online through the Child Care Provider Portal! Check the CCPP for updates on continuation applications. The CCPP will tell you when to expect the continuation application materials will be available and when the materials are due.

DCF 250.06(2)(m) and DCF DCF 251.06(2)(gm) - Premises - Well Drained, Clean, In Good Repair

These rules require the premises to be well drained, free from litter, clean and in good repair and maintained to prevent the entrance or harborage of vermin.

Compliance Tip:

Scheduling frequent checks for issues related to the condition and maintenance of the building or grounds and having a plan that ensures timely restoration of issues identified will help keep this type of issue from becoming more extensive and expensive to address. For example, checking window screens for holes and repairing them immediately can keep them from getting bigger which would lead to the possibility of allowing vermin in, and will help avoid full replacement of the entire screen. It is important to monitor the entire child care premises for pest control.

Likewise, a regular cleaning schedule and frequent checks to common high-traffic areas such as entryways, sidewalks, porches, and classroom areas for issues that may lead to harmful conditions, and correcting before they become dangerous, will keep the children in your care safe and avoid violations of the rule.

DCF 250.01(2)(c)1 and DCF 251.09(1)(c) - Infant & Toddler - Documenting Changes in Development

Group child care workers shall document changes in a child's development and routines every three months based on discussion with the parent. Family Child Care providers and the child's parents shall periodically discuss the child's development and routines.

Compliance Tip:

Use the department-provided form (Intake for Child Under 2 Years) and create a system or set a reminder to discuss and document changes in development. Consider documenting changes more frequently than every three months.

Many child care centers require parents to complete the updates on the form. The administrative rule requires that child care workers must update the form, not parents.

DCF 250.06(2)(a) and DCF 251.06(2)(a) and (b) - Potential Source of Harm on Premises

These rules require that items that may be a potential hazard or source of harm to children must be inaccessible to children. Items include any recalled products, furnaces, water heaters, and fireplaces.

Compliance Tip:

Doing a daily sweep of areas (including kitchens, bathrooms, cupboards, and countertops) to check for hazardous items is one way to ensure there are no potentially harmful materials accessible to children. Have a designated area to store these items so that children cannot easily access them. Protect larger, immovable items such as a fireplace with screens or guards so that children cannot touch them.

Sign up for the United States Consumer Product Safety Commission (CPSC) listserv (https://www.cpsc.gov/Newsroom/Subscribe) to stay up-to-date with product recalls.

DCF 250.04(6)(a)4m and DCF 251.04 (6)(a)6m - Child Record - Immunization History Compliance

These rules require that child care centers must include documentation that indicates a child's immunization history is in compliance with s. 252.04, Stats., and ch. DHS 144 in the child's file.

Compliance Tip:

Use the department-provided form (Child Care Immunization Record, DHS form) to ensure compliance with the rule. An electronic printout from the Wisconsin Immunization Registry or another registry maintained by a health care provider, such as a MyChart printout that lists all immunizations, will also meet this rule. Set electronic or physical reminders to review child files to ensure all required items are included and up-to-date.