Wis. Admin. Code DCF 251.04
Operational requirements
Cite as Wis. Admin. Code DCF § 251.04
Operational requirements.
(1) Terms of a license.
(a) The number of children in care at any one time may not exceed the licensed capacity of the center.
(b) The age of children served by a center may not be younger or older than the age range specified in the license.
(c) The hours, days and months of a center’s operation may not exceed those specified in the license.
(2) Administration. A group child care center licensee shall do all of the following:
(a) Comply with all laws governing the facility and its operation.
(b) Comply with all requirements of this chapter.
(bm) Comply with all conditions placed on the license.
(c) Ensure that all information provided to the department is current and accurate.
(d) If residing in another state, designate in writing, as part of the application under s. DCF 251.11 (2) and (3) , a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.
(e) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.
(f) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.
(g) Submit to the department a certificate of insurance that meets the following conditions:
1. The certificate of insurance shall have coverage dates for all of the following types of insurance:
a. General liability insurance with limits of not less than $25,000 for each person and not less than $75,000 for each occurrence.
b. Vehicle liability insurance with minimums not less than the amounts specified under s. 121.53 , Stats., if transportation is provided by the center.
c. Vehicle liability insurance for non-owned vehicles with minimums not less than the amounts specified under s. 121.53 , Stats., if transportation is provided in vehicles that are not owned by the center and are not public transportation vehicles or chartered vehicles.
2. The certificate of insurance shall indicate that pets are included in the liability coverage if cats or dogs are permitted in areas of the center accessible to children during the hours of operation.
(h) Develop, submit to the department, and implement written policies consistent with the requirements of this chapter on all of the following subjects:
1. Fee payments and refunds.
2. Personnel, including job descriptions, hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next business day when any of the following occurs:
a. The employee has been convicted of a crime.
b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.
c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.
d. When a professional license held by an employee has been denied, revoked, restricted or otherwise limited.
3. Discharge of enrolled children.
4. Admission.
5. Health care. If the center is licensed to care for children under one year of age, the policies shall include procedures to reduce the risk of sudden infant death syndrome.
6. Education.
7. Nutrition, including accommodating children with food allergies.
8. Child guidance, including appropriate ways to manage crying, fussing, or distraught children.
9. Emergency plans to be followed in the event of a fire, tornado, missing child, or other emergency.
10. Continuing education for staff.
11. Orientation of new staff and volunteers.
12. Transportation, if the center will transport children either on field trips or on a regular schedule. The policy shall include a procedure to ensure that no child is left unattended in a vehicle.
(j) Ensure that all published statements such as brochures and publicity releases are accurate.
(k) Post the child care license near the entrance or in some other conspicuous area of the center that is visible to the public.
(L)
1. Post next to the child care license all of the following:
a. The current licensing statement of compliance or a noncompliance statement and correction plan, including any rule violations the department has not verified as corrected and in compliance.
b. Any notice from the department regarding rule violations, such as a warning letter or enforcement action.
c. Any stipulations, conditions, temporary closures, exceptions, or exemptions that affect the license.
2. All items posted as required under this paragraph posted shall be visible to parents.
(m) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.
(n) Submit to the department by the department’s next business day a completed background check request form if any of the following occurs:
1. A change in the board president or chairperson.
2. A corporation or limited liability company designates a new person to be subject to the background check.
3. A household member turns 18 years of age, unless the household member has previously submitted a background check request form.
4. A household member turns 10 years of age.
(o) Submit to the department a completed background check request form for each potential household member prior to the date on which the person becomes a household member, unless the person is less than 10 years of age.
(p) Submit a current delegation of administrative authority signed by the licensee that outlines the organizational structure and designates, in a chain of command form, those persons on the premises in charge of the center for all hours of operation.
(3) Reports. The licensee shall report to the department all of the following. If the report is made by telephone, the licensee shall submit a written report to the appropriate regional licensing office within 5 business days of the incident. Fax, e-mail, and letter are acceptable ways of filing a written report:
(a) 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.
(am) Any death of a child in care, within 24 hours after the death.
(ar) Any injury caused by an animal to a child in care, within 24 hours after the incident.