Wis. Admin. Code Department of Children and Families DCF 252.41

Current through August 26, 2024

Section DCF 252.41 - Operational requirements for day camps

(1) ADMINISTRATION. The licensee shall do all of the following:

(a) Comply with all laws governing the camp and its operation.

(b) Comply with all requirements in this chapter.

(bm) Ensure that all information provided to the department is current and accurate.

(br) Comply with all conditions placed on the license.

(c) Designate, in writing, as part of the application under s. DCF 252.05 (1), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements in this chapter, if the licensee resides in another state.

(d) Meet, upon request, with the licensing representative on matters pertaining to licensing.

(e) Provide documentation of insurance coverage by the submission of a certificate of insurance reflecting current dates of coverage for:

1. General liability insurance which provides coverage with limits of not less than $25,000 for each person and total limits of $75,000 for each occurrence.

2. Vehicle liability insurance, when transportation is provided, with minimums no less than those specified in s. 121.53, Stats.

3. 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 camp and are not public transportation vehicles or chartered vehicles.

4. Specific adventure-based activities identified in s. DCF 252.44 (13) when offered as part of the camp program.

(f) Develop, submit to the department, and implement written policies and procedures consistent with this chapter on all of the following subjects:

1. Discharge of enrolled children.

2. Fee payments and refunds.

3. Personnel policies 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 also contain a procedure requiring staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next working 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 governmental finding substantiated against them of abuse or neglect of a child or adult or of misappropriation of a client's property.

d. When a professional license held by a provider has been denied, revoked, restricted or otherwise limited.

4. Admission, including a procedure to contact a parent if a child is absent from the camp without prior notification from the parent.

5. Program objectives and a description of activities designed to carry out the program objectives.

6. Transportation, if children may be transported to and from the camp or for field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.

7. Plans to be followed in the event of a fire, tornado, missing child, or other emergency. If an open-sided shelter is used as a base camp, the plan shall identify the location of a designated tornado shelter and the procedure to ensure the camp receives information about tornado watches or warnings. The plan shall include a procedure to ensure that children reach the tornado shelter in a timely fashion.

8. The plan for supervising children during water activities and waterfront activities, including emergency procedures to be carried out if a child participating in water activities cannot be found.

9. The plan for providing pre-camp training to staff.

10. Child guidance, including ways to manage crying, fussing, or distraught children.

11. Health, including procedures to be followed when there is contact with animals.

12. Nutrition.

(i) Ensure that all published statements such as brochures and publicity are accurate.

(k) Post the day camp license at the base camp in an area visible to parents and the public.

(L)

1. Post next to the day camp license all of the following:

a. The current licensing statement of compliance or a noncompliance statement and correction plan, including 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 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 day camp 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 for any of the following:

1. There is a change in the board president or chairperson.

2. A corporation or limited liability company designates a new person to be subject to the child care 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 individual 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 describes the organizational structure of the camp. The delegation of administrative authority shall identify by position or name those persons that will be on the premises and in charge of the camp for all hours of operation.

(2) REPORTS. The licensee shall report all of the following to the department via fax, email, or letter or via telephone with a follow-up written report to the appropriate regional licensing office within 5 business days:

(a) Any accident or incident that occurs while the child is in the care of the camp that results in professional medical evaluation, within 24 hours of the licensee becoming aware of the medical evaluation.

Note: The licensee may use either the department's form, Incident Report - Regulated Child Care, or the licensee's own form to report accidents. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

(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.

(b) Any damage to the base camp that may affect compliance with this chapter, or any incident at the base camp that results in the loss of utility services, within 24 hours after the occurrence.

(d) A change of the day camp director, within 7 days after the change.

(e) Statistical data required by the department on forms provided by the department.

(f) Any known convictions, pending charges, or other offenses of the licensee, day camp employees, or other persons subject to a child care background check which could potentially relate to the care of children at the camp or the activities of the camp by the department's next business day.

(g) Any suspected abuse or neglect of a child by a staff member that was reported under s. DCF 252.07 (3) (a), including any incident that results in a child being forcefully shaken or thrown against a surface, hard or soft, by a staff member during the child's hours of attendance, within 24 hours after the occurrence.

(gm) Any prohibited actions specified in s. DCF 252.44 (2) (c) by a staff member to a child during the child's hours of attendance, within 24 hours after the incident.

(h) Any incident involving law enforcement within 24 hours after the occurrence in which any of the following occurs:

1. A licensee, a household member or an employee of the camp is involved in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the camp.

2. A person responsible for transporting children is involved in a traffic-related incident.

(i) Any change in room usage in the base camp, such as using rooms or areas not previously approved for use by children at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.

(j) Any incident related to a child who leaves the premises of the camp without the knowledge of a counselor or any incident which results in a counselor not knowing the whereabouts of a child in attendance at the camp within 24 hours after the occurrence.

(k) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and the plan shall be approved by the department licensing representative.

Note: The licensing representative will notify the licensee if a plan of correction is required and provide the plan of correction format with the notification.

(L) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be in writing before the construction or remodeling begins.

Note: It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling.

Note: Alterations, additions, or changes of use to commercial buildings may require submittal of plans to and approval by the Department of Safety and Professional Services or its agent before commencing construction. It is recommended that an architect or engineer be consulted prior to the beginning of any construction or remodeling to determine whether plans must be submitted.

(m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled at the day camp or any person in contact with children at the camp, within 24 hours after the camp is notified of the diagnosis. The licensee shall also notify the local health department within 24 hours after the camp is notified of the diagnosis.

(n) Any change in meal preparation arrangements, at least 5 calendar days prior to the change. Camps adding meal preparation after an initial license has been issued shall document compliance with building codes related to kitchens before beginning to prepare meals.

(o) Any change in transportation services, at least 5 calendar days prior to the change.

(p) Expected temporary closures lasting more than 2 weeks, at least 5 calendar days before the closure.

(q) Unexpected closures lasting more than 2 weeks, within 24 hours after the camp has been closed for a 2-week period.

(r) Any change in swimming or water activities, boating, firearms and archery, horseback riding, or adventure-based activities, at least 20 working days prior to the change.

(4) CHILDREN'S RECORDS FILES.

(a) The licensee shall create and maintain at the camp a current written record for each child before the child's first day of attendance or subsequent re-enrollment. The licensee shall make the record available to the licensing representative. Each child's file shall include all of the following:

1. Enrollment information consisting of all of the following:

a. The name and birthdate of the child.

b. Names and contact information for the child's parents.

c. The child's home address and telephone number.

d. Address and telephone number where a parent can be reached while the child is in care.

e. Name, address, telephone number and relationship to the child of the person to be notified in an emergency, when a parent cannot be reach immediately.

f. Names, address and telephone number of the physician or medical facility caring for the child.

g. Names, addresses and telephone numbers of persons authorized to pick-up the child or to accept the child who is dropped off.

h. Dates of camp session in which the child is enrolled.

2. Consent from the parent for emergency medical care or treatment;

Note: The licensee may use either the department's form, Child Care Enrollment, or the licensee's own form to obtain consent of the child's parent for emergency medical treatment. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

4. Authorization from the parent for the child to participate in field trips and other off-premises activities, if these are part of the camp program.

Note: The licensee may use either the department's forms Field Trip or Other Activity Permission /Notification - Child Care Centers and Child Care Enrollment or the licensee's own form for securing parental information. Forms are available on the department's website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

5. Specific written informed consent from the parent for each incident of participation by a child in any research or testing project. The day camp shall obtain and make available to the department and to the parent a statement indicating the sponsor, the subject matter, the specific purpose and the proposed use of results with respect to each project.

Note: The licensee may use either the department's form, Informed Consent for Observation or Testing by an Outside Agency - Child Care Centers, or the licensee's own form for securing the parent's written consent. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

6. Health history information that includes all the following:

a. The name and birthdate of the child.

b. The full names of the child's parents.

c. A telephone number where the parent can be reached while the child is in care.

d. The name, address, and telephone number of the physician or medical facility caring for the child.

e. The child's medical conditions, such as asthma, cerebral palsy, diabetes, epilepsy, food allergies, or gastrointestinal or feeding concerns. If the child has a milk allergy, a statement from a medical professional indicating an acceptable alternative.

f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the counselor to watch for, steps a counselor should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all counselors who have received specialized training or instructions to help treat symptoms.

Note: The licensee may use the department's form DCF-F-CFS2345, Health History and Emergency Care Plan, or the licensee's own form for obtaining the information.

6m. Documentation of each child's immunization history that indicates compliance with s. 252.04, Stats., and ch. DHS 144.

7. Authorization from the parent outlining the plan for a child to come to the camp from school, home or other activities and to go from the camp to school, home or other activities unless the child is accompanied by a parent or other authorized pick-up person.

Note: The licensee may use either the department's form, Alternate Arrival/Release Agreement - Child Care Centers, or the licensee's own form for securing the parent's signed agreement. Information on how to obtain forms is available from the department's website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

8. Assessment of the child's swimming ability, if swimming is included in the program of activities.

Note: Either parents or the camp may assess the child's swimming ability.

(c) The licensee shall maintain a current, accurate, written record of the daily attendance and birthdate for each child enrolled in the program. If the hours of arrival and departure of the children vary, the actual time of arrival and departure for each child shall be recorded. Each record shall be maintained as long as the child is enrolled in the program.

Note: The department form, Daily Attendance Record - Child Care, may be used to document a child's daily attendance. Information on how to obtain the department's form is available from the department's website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

(5) PARENTS.

(a) The camp director shall notify the parents of a child in care immediately and shall provide sufficient detail to apprise the parent if any of the following occurs:

1. The child becomes ill.

2. The child needs professional evaluation of an injury.

3. The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child's allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication. For purposes of this subdivision, a "head injury" means a bump, blow, or jolt to the head.

4. The child's whereabouts are unknown.

5. The child was subject to child guidance that is prohibited under s. DCF 252.44 (2) (c) and (d).

(b) If a child in care has been exposed to a confirmed case of a communicable disease reportable under ch. DHS 145 and transmitted through normal contact, the camp director shall notify the child's parents when the information becomes known to the camp.

(c) If a child in care has sustained a minor injury that does not appear to require professional medical evaluation, the camp director shall notify the child's parents when the child is picked up at the camp or delivered to the parent or other authorized person.

(d) The camp shall notify the parents of any religious training that is part of the camp program. The reference to the religious component shall be included in any publicity and program objectives and activities.

(e) A copy of this chapter shall be posted or made available in an area of the camp where parents are likely to see it.

(f) A copy of the child care policies of the camp shall be made available to the parents in an area of the camp accessible to parents. Personnel policies do not need to be available to parents.

Wis. Admin. Code Department of Children and Families DCF 252.41

Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (3) (a) 1. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; CR 07-102: am. (1) (intro.), (b) to (d), (e) 1. to 3., (f) (intro.), (g) 2., (i), (2) (intro.), (b), (d), (3) (a) (intro.), 1., 2., (4) (title), (a) (intro.), 1. a. to h. and 6., r. and recr. (1) (a), (f) 1. to 3., (g) (intro.), 1., 3. to 6., (2) (a), (4) (a) 7. and (b), cr. (1) (e) 4., (f) 3. a. to d., (g) 7. to 9., (k) to (p), (2) (f) to (L), (3) (a) 3. to 6., (c), (4) (a) 8., (c) and (5), r. (2) (c) Register December 2008 No. 636, eff. 1-1-09; corrections in (1) (c), (e) 4., (2) (g), (3) (a) 4. and (5) (a) 1. made under s. 13.92(4) (b) 7, Stats., Register December 2008 No. 636.

Amended by, correction in (3) (a) 4. made under s. 13.92(4) (b) 7, Stats., Register September 2016 No. 729, eff. 10/1/2016

Amended by, EmR1918: emerg. cr. (1) (bm), (br), am. (1) (f) (intro.), cr. (1) (f) 4. to 12., r. (1) (g), (h), (j), r. and recr. (1) (L), (n) to (p), am. (2) (intro.), (a), cr. (2) (am), (ar), am. (2) (b), (g), cr. (2) (gm), (m) to (o), r. (3), am. (4) (a) (intro.), 1. (intro.), r. (4) (a) 3., am. (4) (a) 4., 5., cr. (4) (a) 6m., r. (4) (b), r. and recr. (5), eff. 1-30-19; CR 19-089: cr. (1) (bm), (br), am. (1) (f) (intro.), cr. (1) (f) 4. to 12., r. (1) (g), (h), (j), r. and recr. (1) (L), (n) to (p), am. (2) (intro.), (a), cr. (2) (am), (ar), am. (2) (b), (g), cr. (2) (gm), (m) to (o), r. (3), am. (4) (a) (intro.), 1. (intro.), r. (4) (a) 3., am. (4) (a) 4., 5., cr. (4) (a) 6m., r. (4) (b), r. and recr. (5) Register March 2020 No. 771, eff. 4/1/2020

Amended by, CR 21-100: r. and recr. (1) (e) 3., am. (2) (f), cr. (2) (p) to (r), r. and recr. (4) (a) 6., am. (5) (a) (intro.), 4., cr. (5) (a) 5. Register February 2023 No. 806, eff. 3/1/2023