Child Care Rulemaking Projects The Division of Early Care and Education posts notices and documents related to rulemaking projects. Information regarding rulemaking projects can be found by clicking on the program area below. Compliance with Child Care Development Fund (CCDF) Requirements The following documents are for your review; please read through them carefully: Statement of Scope Proposed Rule Text Public Hearing Notice - Wednesday, February 18 at 2 p.m. Economic Impact Analysis (EIA) Public Hearing Summary and Department Responses - CCDF Requirements Final Rules - CCDF Requirements Biennial Budget Regulation Changes The below changes are related to the 2025-27 Early Care and Education Biennial Budget Implementation. The following documents are for your review; please read through them carefully: Statement of Scope Proposed Rule Text Public Hearing Notice - Wednesday, February 18 at 2 p.m. Economic Impact Analysis (EIA) Public Hearing Summary and Department Responses - Biennial Budget Regulation Changes Final Rules - Large Family - Biennial Budget Regulation Changes DRAFT Provider-to-Child Ratio Worksheet Family Child Care Centers Resources and Training DCF 250 with final rule changes - 4/1/2026 DCF 251 with final rule changes - 3/30/2026 DCF 252 with final rule changes - 3/30/2026 Staff-to-Child Ratio Calculators Rule Revision e-Learning Modules (Trainings) Rule Revisions - Family Child Care Certification Revisiones de las reglas: certificación para el cuidado infantil familiar Rule Revisions - Licensed Family Child Care Revisiones de reglas: Cuidado infantil familiar con licencia Rule Revisions - Licensed Group Child Care Revisiones de reglas: Cuidado infantil grupal con licencia Rule Revisions - Licensed Day Camps for Children Revisiones de las reglas: campamentos para niños Adding a Website Link to Your Mobile Device Adding a website link to your iPhone or iPad Adding a website link to your Android device (using Google Chrome) Adding a website link to your Android device (using Mozilla Firefox) General Rule Changes General Rule Change FAQs When do the revised licensing and certification rules go into effect? The revised rules will go into effect on August 1, 2026. When will rule books, commentary manuals, forms, and publications be updated? DCF is working on an implementation plan that includes updating necessary forms and publications, including rule books and commentary manuals. More information will be forthcoming. Who do I contact with questions about these changes to child care regulations? For licensed providers or public school operated programs, contact your licensing specialist. For certified providers, contact your local certifier. Assistant Child Care Teachers Sixteen-year-olds may serve as assistant teachers under the supervision of child care teachers in group child care programs. Assistant Child Care Teachers FAQs What are the requirements for 16-year-olds to work as assistant child care teachers? They must complete at least one of the following within six (6) months after assuming the position:a. Two credits in early childhood education or its equivalent.b. One non-credit, department-approved course in early childhood education.c. An assistant child care teacher training program approved by the department of public instruction. Can 16-year-olds work in all regulated child care programs? A 16-year-old may serve as an assistant child care teacher under the supervision of child care teachers in group child care programs. They may also serve as a program aide in licensed family child care and group child care programs, and a school-age program aide in a group child care program. Beginning August 1, 2026, 16-year-olds may begin to serve as an assistant provider in a licensed family child care program, a group leader in a school-age program, or as an assistant counselor in a licensed day camp. Sixteen-year-olds may not serve as assistant child care teachers/providers in certified family child care programs. Can 16-year-olds provide sole supervision of children? No, all regulated programs require staff to be at least 18 year old to provide sole supervision. In order to provide sole supervision in limited situations, assistant teachers must be 18 years old and have completed their educational requirements. Can 16-year-olds work as group leaders in a school-age program? Beginning August 1, 2026, 16-year-olds may begin to serve as group leaders in school-age programs.. What other roles can 16- year-olds have in regulated child care programs? A 16-year-old may also serve as a program aide in licensed family child care and group child care programs, and a school-age program aide in a group child care program. Will 16-year-olds be able to work as school-age group leaders, camp counselors, or assistant providers in a licensed family child care program in the future? Yes, DCF has revised the child care licensing rules to allow 16-year-olds to work as school-age group leaders, assistant counselors, and assistant providers. These new positions will take effect on August 1, 2026. When will the changes to assistant child care teacher qualifications be reflected in DCF 251? The 25-27 biennial budget changes for assistant child care teachers in group child care programs were made in statute. Those changes needed to be made in DCF 251 through the administrative rule revision process, which can take several months. DCF has finished the administrative rule revision process and the changed will be reflected in DCF 251 beginning August 1, 2026. Large Family Child Care Family child care providers with sufficient staff and space will be able to serve up to 12 children. Large Family Child Care Checklist The Biennial Budget, 2025 Wisconsin Act 15, established a category of large family licensed child care to provide care and supervision for up to 12 children. The Department of Children and Families is revising DCF 250, Administrative Rules for Licensed Family Child Care Centers to modify or create new rules for large family centers to safely care for up to 12 children. Those rules will go into effect on August 1, 2026. To prepare for your request to increase your licensing capacity, it is important you consider and develop all the information below. Use of this document is voluntary but will help you prepare for your request to increase capacity. Note: You cannot increase your capacity until you receive approval from your licensing specialist and until the rules go into effect on August 1, 2026. Prior to Submitting Your Request Physical Plant and Environment Yes No Measure all usable floor space of your program used by children in care. Do you have enough indoor space to accommodate 9-12 children? Each child needs at least 35 square feet of usable floor space indoors. Do you have enough space to accommodate 9-12 children outdoors? Each child needs at least 75 square feet of space outdoors. Operational Requirements Yes No Does your municipality allow family child care programs to exceed care for 8 children? Some towns, cities, or counties have limits of 8 children, including the City of Milwaukee and Kenosha County. Have you updated your program's policies to indicate care will be provided for more than 8 children? If you plan to hire staff, do you have personnel policies? If you have liability insurance, will your policy cover more children? Staff and Supervision Yes No Will you need an additional staff person? Do you need to create new files for any new staff members? Program Yes No Measure all usable floor space of your program used by children in care. Do you have enough indoor space to accommodate 9-12 children? Each child needs at least 35 square feet of usable floor space indoors. Do you have enough space to accommodate 9-12 children outdoors? Each child needs at least 75 square feet of space outdoors. Transportation Yes No Do you have enough play equipment accessible indoors? Do you have enough play equipment accessible outdoors? Do you have enough table space and seating? Do you have enough cribs, pack and plays, mats, and/or sleeping bags for 9-12 children? Do you need to add a second driver? If so, be sure to obtain the individual’s driving record. If using multiple vehicles to transport children, have you completed a vehicle inspection? Business Practices (optional) Yes No If you are employing staff for the first time, are you familiar with unemployment insurance, taxes, employee rights, etc.? Have you reviewed YoungStar, WEESSN, or Tom Copeland resources related to business practices? Request Approval Task Complete Submit a written request to your licensing specialist to increase your program’s licensed capacity. Submit the following documents to your licensing specialist: An updated insurance policy, if pets are accessible to children in care Updated program policies Schedule a time for your licensor to visit your program to measure space and verify compliance. Large Family Child Care FAQs When can I increase my licensed capacity to care for up to 12 children? Licensed family providers can increase their capacity for over eight children beginning August 1 once their licensing specialist has approved the increase. To help current family child care providers determine if they would be interested in increasing licensing capacity, DCF created a voluntary Large Family Child Care Checklist with key topics family providers need to consider before requesting an increase in licensed capacity.The Large Family Child Care Checklist is available through the Child Care Licensing Forms & Publications webpage and on the Child Care Rulemaking webpage. Can I care for 12 children on my own or will I always need two providers? DCF created an online staff-to-child ratio calculator for family child care with the revised ratios. Programs will need to use the online calculator to determine the number of children they can have in care and the number of providers needed. In most situations, a family child care program will need two providers to care for 12 children at one time.As a reminder, the Biennial Budget added a new statute that states that no more than two providers can provide care and supervision at one time [Wis. Stat. § 48.67(2m)(b)1.] Will square footage per child change with the group size and ratio changes? No, family child care programs are still be required to have 35 square feet of usable indoor space per child (see DCF 250.06(1)(b)1.) and 75 square feet of outdoor play space per child (see DCF 250.06(11)(b)2.). Will the ratios change for children 18 months - 2 years like they have in group child care programs? DCF has revised the ratio chart for family child care programs and has moved to a numerical weight calculation like group child care ratios are calculated. To review the new staff-to-child ratios, please see the Staff-to-Child Ratios Calculators webpage. When will the large family rules go into effect? The revised rules will go into effect August 1, 2026. What will I need to do to increase my capacity beyond 8 children? DCF created a Large Family Child Care Checklist with key topics family providers need to consider before requesting an increase in licensed capacity. Using this document is voluntary but will help you prepare for your request to increase capacity. You will need to contact their licensing specialist to request an increase in capacity. You cannot increase your capacity until you receive approval from your licensing specialist and until the rules go into effect on August 1, 2026. What will happen if I have an assistant (second) provider to meet staff-to-child ratios and that provider is out sick for the day or can't come to work? Do I have to pick and choose which children attend? Child care programs that have more than one provider to meet the required staff-to-child ratios will need to have a policy in place to accommodate staff absences. This may include having a substitute, closing the center, caring for fewer children, etc. Will the new family child care group size and ratios impact certified family child care? No, administrative rules under DCF 202.08(6) Maximum Number of Children a certified operator may care for remains the same.
