Licensing administration

Licensing administration. (1) Licensing procedures. (a) A person making an inquiry to the department about obtaining a license to operate a day camp shall be provided with all of the following: 1. A copy of this chapter. 2. Written procedures on how to obtain a day camp license. 2m. A copy of the background check request form. 3. An opportunity to meet with a licensing representative to discuss the materials. 4. The necessary forms if licensing is desired. 5. Assistance to complete the licensing process by a licensing representative. (b) An applicant shall submit an application and other materials required for day camp licensure and license continuation on forms provided by the department at least: 1. Sixty days prior to the date proposed for the camp to begin operating. 2. Thirty days prior to the end of the current license continuation period. (c) An applicant for an initial day camp license or a licensee continuing a regular license shall complete all forms truthfully and accurately, pay all fees and forfeitures due to the department, and submit all of the following materials to the department: 1. A clearly defined statement of purpose as it relates to the provision of child care services. 2. A signed statement by the applicant or licensee accepting legal responsibility for complying with this chapter. 3. The articles of incorporation and by-laws if the camp is organized as a corporation, association or cooperative or, if the licensee is a limited liability company, a copy of the articles of organization and the operating agreement, if any. 4. A signed authorization which permits the department to make whatever investigation it considers necessary for the verification of pertinent application information. 5. A general description of the camp area, geographic location and size of the base camp or the proposed itinerary of field trips if a program will consist primarily of field trips. 6. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the camp and identify by position or name those persons on the premises in charge of the camp for all hours of operation. 7. The name, address, and telephone number of the person to be contacted by the licensing representative for the pre-camp licensing review. 8. A statement from the state laboratory of hygiene or a state approved laboratory indicating that the water from a private well providing drinking water has been tested and found to be safe. 9. The license fee required under s. 48.65 , Stats., applicable fees for child care background checks under s. 48.686 , Stats., any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3. , Stats., and any unpaid penalty under s. 48.76 , Stats. 10. For an initial license application, a completed background check request form for the applicant and if the camp will be located in a residence, any household member 10 years of age and above. 11. A statement from the applicant that indicates the camp is in compliance with this chapter. 12. A copy of all the policies required under s. DCF 252.41 (1) (f) and a completed copy of the day camp policy checklist on a form provided by the department. 13. The test results from the water on any beach on the premises of the camp that will be used for waterfront activities by the children in care. 14. A report indicating that any building used primarily for day camp purposes is in compliance with applicable commercial building codes. 15. Any other materials determined by the department as necessary to complete the department’s licensing investigation. (d) Upon submission of a complete application, a licensing representative shall conduct an investigation to determine whether the applicant is eligible for a license. (e) If the department determines that the applicant for an initial license is eligible for a license, the department shall issue a probationary license having a 6-month duration. A probationary license may be renewed for one 6-month period. (f) If the department determines that an application for an initial license does not comply with the applicable requirements of this chapter or the department’s investigation determines that the applicant is not eligible for a license, the department may deny the application. (g) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance. (h) If the department determines that the licensee continuing a regular license has met the minimum requirements for a license under this chapter has paid the applicable fees referred to in ss. 48.65 and 48.686 , Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3. , Stats., and any unpaid penalty under s. 48.76 , Stats., the department shall continue the license for an additional 2 years. (i) The department may refuse to issue or continue a license if another child care center or day camp operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding forfeiture or penalty. (j) The department may not process an application for a license if the applicant has had a child care license under s. 48.65 , Stats., or a child care certification under s. 48.651 , Stats., revoked or denied within the last 2 years. No person may submit an application for a licensee and no licensee may hire a person who had a child care license revoked or denied within the previous 2 years. (k) The department shall consider a licensee who fails to submit any of the materials described in par. (c) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the day camp. (2) Amendment to license. A written request for an amendment to the license shall be submitted to the department by the licensee before changes are made in the conditions of the current license such as a change in the licensed capacity of the camp, age range of children, hours, days of the week, months of the year in operation or change in the name of the camp. (3) Terms of license. (a) The number of children under 7 years of age in care of the center at any one time may not exceed the number for which the center is licensed. (b) The age of children served may not be younger or older than the age range specified in the terms of the license. (c) The hours, days and months of a center’s operation may not exceed those specified in the license. (4) Additional license. A licensee seeking licensure for an additional day camp or child care center location shall demonstrate compliance with applicable parts of this chapter in the operation of the existing center. The licensee shall pay any fines, forfeitures or other fees due to the department under s. 48.715 , Stats., on other facilities licensed by the department before the department issues an additional license. (5) Condition of licensure. The department may deny a license or may suspend or revoke a license, initiate other enforcement actions specified in this chapter or in ch. 48 , Stats., or place conditions on a license if the licensee, applicant or proposed or current employee, volunteer, household member or any other person having regular contact with children is, or has been any of the following: (a) The subject of a pending criminal charge if the charge substantially relates to the care of children or activities of the camp. (b) Convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the camp. (c) Determined to have abused or neglected a child pursuant to s. 48.981 , Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the camp. (d) The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of a child. (e) The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10 . (f) Had a child care center license, day camp license or certification revoked or denied within the last 5 years. (g) Violated any provision of this chapter or ch. 48 , Stats., or fails to meet the minimum requirements of this chapter. (h) Made false statements or withheld information. (6) Summary suspension of a license. (a) Under the authority of s. 227.51 (3) , Stats., the department may order the summary suspension of a license and, therefore, close a day camp when the department finds the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of the requirement for summary suspension of the license may be based on any of the following: 1. Failure of the licensee to provide environmental protections for the children such as heat, water, electricity or telephone service. 2. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily injury. 3. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense or has a pending criminal charge which substantially relates to the circumstances of caring for children or activities of the camp. 4. The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981 , Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.