Wis. Admin. Code Department of Children and Families DCF 250.05

Current through November 25, 2024
Section DCF 250.05 - Staff
(1) DEFINITION. In this section, the "Wisconsin Registry" means a brand of The Registry, Inc., a professional development recognition agency.

Note: For further information, see https://www.wiregistry.org.

(2) STAFF RECORDS. A licensee shall maintain a file for each provider, employee, volunteer, or substitute and shall make the file immediately available for review by a licensing representative at the center. The file shall contain all of the following:
(a) The employee's name, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.

Note: The licensee may use the department's form, DCF-F-CFS0053 Staff Record - Child Care Centers, or the licensee's own form for recording staff information. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b) Documentation from the department, either paper or electronic, that indicates that a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13, and the person is eligible to work in a child care program.
(c) Documentation of the actual hours a provider, substitute, employee, or volunteer worked if the hours were used to meet the applicable staff-to-child ratio under Table DCF 250.055.
(d)
1. Except as provided under subd. 2., a physical examination report completed within 12 months before or 30 days after the person became licensed or began working with children in care. The physical examination report may be a printout of an electronic record from a medical professional or on a form provided by the department. The report shall be dated and signed by a licensed physician, physician's assistant, or other EPSDT provider and shall indicate all of the following:
a. The person is free from illness detrimental to children, including tuberculosis.
b. The person is physically able to work with young children.

Note: The optional Form DCF-F-CFS0054, Staff Health Report - Child Care Centers, is available on the department's website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

2. The health examination requirement under subd. 1. does not apply to a provider who requests an exemption from subd. 1. based on the provider's adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.
(e)
1. Except as provided in subd. 2., a certificate from the Wisconsin Registry that indicates the person is qualified for the position the later of 6 months after becoming licensed or beginning to work with children in care.
2.
a. A person is exempt from the requirement under subd. 1. if the person has been licensed or provided care for children in licensed child care continuously since December 31, 2008, including any combination of licensure or employment in a family child care center licensed under this chapter, a group child care center licensed under ch. DCF 251, or a day camp licensed under ch. DCF 252.
b. A substitute is not required to have a certificate from the Wisconsin Registry until the substitute has worked for 240 cumulative hours.
(f) Documentation of compliance with continuing education requirements under sub. (4) (c).
(g) Documentation of compliance with orientation requirements under sub. (4) (a).
(3) QUALIFICATIONS OF STAFF.
(a) A provider shall meet all of the following conditions:
1. Be physically, mentally, and emotionally able to provide responsible care to all children, including children with disabilities.
2. Be at least 18 years of age.
(b) Before receiving a license or beginning to work with children in care, a licensee or provider shall satisfactorily complete one of the following:
1. All of the following:
a. Three credits in early childhood education or a department-approved, non-credit course in early childhood education.

Note: The non-credit course called Introduction to the Child Care Profession is the course that has been approved by the department. Information on other acceptable courses and agencies offering department-approved courses is available on the department's website at https://dcf.wisconsin.gov/cclicensing.

b. A noncredit, department-approved course in operating a child care business or 2 credits in business or program administration. A person is exempt from this requirement if the person has been licensed or provided care for children in regulated child care continuously since December 31, 2008, including any combination of licensure under s. 48.65, Stats., certification under s. 48.651, Stats., or employment in a licensed child care center or for a certified child care operator.

Note: The non-credit course entitled Fundamentals of Family Child Care is approved by the department to meet this requirement. A credit-based course in a business topic may also be used. Information on agencies offering the department-approved course is available on the department's website at https://dcf.wisconsin.gov/cclicensing.

2. The Registry Family Child Care Credential.
3. A child development associate credential in family child care issued by the Council for Professional Recognition.
(c) A substitute or volunteer that is used to meet the required staff-to-child ratio shall meet the training requirements specified in par. (b) after the substitute or volunteer has worked in the center for 240 hours.
(cm) A volunteer that is used to meet the required staff-to-child ratios under s. DCF 250.055 shall be at least 18 years of age.
(d) If more than one provider is needed to meet the required staff-to-child ratio, each additional provider shall meet the training requirements in par. (b) within 6 months of beginning to work with children in care.
(e)
1. Within 3 months after licensure or date of hire, each licensee and provider shall obtain a certificate of completion for a department-approved course in infant and child cardiopulmonary resuscitation, including training in the use of an automated external defibrillator.
2. Each licensee and provider shall maintain a current cardiopulmonary resuscitation certification as specified under subd. 1.
3. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours under sub. (4) (c).
(f) Each licensee and provider shall have satisfactorily completed at least 10 hours of department-approved training in the care of infants and toddlers within 6 months after becoming licensed or working with children in care under 2 years of age.
(fm) Prior to working with children in care and at least every 2 years thereafter, each provider and substitute shall complete training in all of the following:
1. Child abuse and neglect laws.
2. How to identify children who have been abused or neglected.
3. The procedure for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.
(g) Prior to obtaining a license or working with children in care under 5 years of age, a licensee, provider, substitute, volunteer, emergency back-up, or any other person providing care and supervision shall satisfactorily complete department-approved training in shaken baby syndrome and abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children.

Note: The department-approved training is included in the course called Health, Safety and Nutrition offered by a Wisconsin technical college or in the non-credit, department-approved courses called Introduction to the Child Care Profession and Fundamentals of Infant and Toddler Care, if the course was taken after July 1, 2005. Information on agencies offering the department-approved courses is available on the department's website at https://dcf.wisconsin.gov/cclicensing.

(gm) A program aide shall meet all of the following conditions:
1. Be at least 16 years old.
2. Work under the direction and supervision of a child care provider.
3. Satisfactorily complete at least one of the following no later than 6 months after assuming the position:
a. An assistant child care teacher training program approved by the Wisconsin department of public instruction.
b. A noncredit department-approved course on early childhood education.

Note:Introduction to the Child Care Profession is the noncredit course approved by the department to meet the entry-level training requirements for a program aide.

4. A program aide may not be counted in the required staff-to-child ratios under Table DCF 250.055.
(h) No person or agency may offer non-credit child care training as specified in this subsection unless the person or agency and the course have been approved by the department. The department may at any time withdraw its approval of a non-credit course. Instructors of non-credit department-approved courses shall be approved by the department prior to teaching a course.

Note: Information on the approval process for non-credit courses is available on the department's website at https://dcf.wisconsin.gov/cclicensing.

(4) STAFF DEVELOPMENT.
(a)Orientation of employees, volunteers, and substitutes. Each employee, volunteer, or substitute shall receive an orientation before the individual begins to work with children in care. The orientation shall be documented on a form initialed and dated by the staff person and trainer. The orientation shall cover all of the following:
1. The names and ages of all the children in care.
2. Current arrival and departure information for each child enrolled and the names of people authorized to pick up the child.
3. A review of children's records, including emergency contact information.
4. Specific information relating to each child's health care needs, including medications, disabilities, or special health conditions.
5. If the center is licensed to care for children under one year of age, procedures to reduce the risk of sudden infant death syndrome.
6. An overview of the daily schedule, including meals, snacks, nap, and any information related to the eating and sleep schedules of infants and toddlers enrolled in the center.
7. A review of the center's procedures for dealing with emergencies, including natural disasters, human-caused events, food emergencies, and allergic reactions.
9. If the center is licensed to care for children between the hours of 10:00 p.m. and 5:00 a.m., the plan for evacuating sleeping children.
10. The prevention and control of infectious diseases, including immunizations.
11. The administration of medications.
12. The handling and storage of hazardous materials and disposal of biocontaminants. In this subdivision, "biocontaminants" includes blood, body fluids, or excretions that may spread infectious disease.
13. The center policies and procedures required under s. DCF 250.04 (2) (e).
14. The provisions in this chapter.
15. The reporting requirements for the child care background check under s. DCF 13.07 (3).

Note: The licensee may use the department's form, DCF-F-CFS2255, Staff Orientation Checklist - Family Child Care Centers, or the licensee's own form to document completion of employee orientation. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b)Orientation of emergency back-up providers. Each time an emergency back-up provider cares for the children, the emergency back-up provider shall receive an orientation immediately before being left alone with the children. The orientation shall cover all of the following:
1. The names and ages of all the children in care.
2. Arrival and departure information for each child in care, including the names of people authorized to pick up the child.
3. The location of children's files, including emergency contact information and consent for emergency medical treatment.
4. Information on any children with special health care needs.
5. Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.
(c)Continuing education.
1. Each licensee and provider shall satisfactorily complete at least 15 hours of qualifying continuing education annually. Continuing education qualifies under this paragraph if it covers any of the following:
a. Prevention and control of infectious diseases.
b. Medication administration.
c. Prevention of and response to emergencies due to food and allergic reactions.
d. Identification of and protection from hazards.
e. Building and physical premises safety.
f. Emergency preparedness and response planning.
g. Handling and storage of hazardous materials.
h. Handling and disposal of biocontaminants.
i. Child growth and development.
j. Caring for children with disabilities.
k. Guiding children's behavior.
l. Nutrition.
m. Physical activity.
n. Transportation safety.
o. Identification and reporting of suspected child abuse or neglect.
p. Cardiopulmonary resuscitation.
q. First aid.
r. Business operations.
s. Any other topic that promotes child development or protects children's health or safety.
2. Continuing education under subd. 1. may be obtained through attendance at training events, workshops, conferences, consultation with community resource people, web-based training, observation of child care programs, independent reading, or viewing educational materials.
4. A provider shall have documentation of the 12-month period included in the provider's training year for meeting continuing education requirements and begin a new training year in the same month each year.

Wis. Admin. Code Department of Children and Families DCF 250.05

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) 2., (c), (3) (j) and (4) (b) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (1) (b) 3., 4., 5., (2) (a) 3., (b) 3. and Table, renum. (1) (b) 1. to be (1) (b) 1. a. and am., cr. (1) (b) 1. b., 6., 7., (2) (a) 10., 11., 12., 13., (3) (L), (m) and (4) (d), r. and recr. (1) (b) 2., (c) and (3) (e) Register December 2008 No. 636, eff. 1-1-09; corrections in (2) (a) 11., 13., (3) (e), (m) and Table made under s. 13.92(4) (b) 7, Stats., Register December 2008 No. 636.
Correction in (2) (a) (intro.) (Note) made under s. 13.92(4) (b) 7, Stats., Register March 2018 No. 747, eff. 4/1/2018
Amended by, EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4/1/2020
Amended by, CR 20-003: am. (2) (d) 1. Register July 2020 No. 775, eff. 8/1/2020
Amended by, CR 21-100: am. (1), r. and recr. (2) (a), consol. (2) (e) 1. (intro.) and a. and renum. to (2) (e) 1. and am., r. (2) (e) 1. b., am. (2) (e) 2., cr. (2) (g), am. (3) (b) 1. b., 2., cr. (3) (fm), (gm), am. (4) (a) (intro.), r. (4) (a) 8., am. (4) (c) 2., r. (4) (c) 3. Register February 2023 No. 806, eff. 3/1/2023

The licensee may use either the department's form, DCF-F-CFS0053, A Staff Continuing Education Record - Child Care Centers, a copy of the individual's learning record from the Wisconsin Registry, or the licensee's own form to document the completion of continuing education. The department's form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.