Section DCF 202.02 - Definitions In this chapter:
(1) " Background check request form" means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13. Note: Form DCF-F-5296, Background Check Request, is available on the department's website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.
(1s) "Certification agency" means the department in a county having a population of 750,000 or more; a county department of social services established under s. 46.22, Stats.; a county department of human services established under s. 46.23, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care operators under s. 48.651, Stats.(2) "Certified child care home" or "home" means the residence in which a certified child care operator provides care of children and which meets the standards under s. DCF 202.08.(3) "Certified child care operator," " child care operator," or "operator" means an individual that has legal and financial responsibility for the operation of a child care program and for meeting the requirements under this chapter. "Certified child care operator," "child care operator," or "operator" includes a corporation, partnership, limited liability company, non-incorporated association, or cooperative that is certified on September 30, 2019, until the operator's current 2-year certification period ends under s. DCF 202.04(5). Note: Sub. (3) is amended eff. 10-1-21 by CR 19-089 to read:
(3) "Certified child care operator," " child care operator," or "operator" means an individual that has legal and financial responsibility for the operation of a child care program and for meeting the requirements under this chapter.
(3b) "Certified family child care operator" means a certified child care operator who provides care in a private residential property that is not the home of the child in care.(3e) " Certified in-home child care operator" means a certified child care operator who provides care in the child's home for a family that is eligible for in-home care through the child care subsidy program under s. DCF 201.039(5).(3g) " Child care background check" means the requirements in s. 48.686, Stats., and ch. DCF 13.(3h) "Child care certification worker" means a person employed by a certification agency whose duties include determination of eligibility for child care certification.(3k) "Child care provider" or "provider" means a certified child care operator or an employee or volunteer of the child care operator who is involved in the care and supervision of children on behalf of the operator and who meets the requirements specified in s. DCF 202.08(1). "Provider" includes a substitute if there is no regularly scheduled provider working other than the substitute.(3L) " Child care subsidy program" means the program under which the department issues payments to assist parents who are eligible under s. 49.155(1m), Stats., with child care expenses.(3m) "Complaint" means an alleged violation of this chapter, ch. DCF 13, or s. 48.686, Stats.(4) " County department" means a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.(5) "Department" means the Wisconsin department of children and families.(5c) " Early childhood education" means the teaching of children who are 8 years of age or less.(5g) "Emergency" means unforeseen circumstances that require immediate attention.(5m) " Emergency back-up provider" means a designated adult who is available to assist in the event an emergency occurs that requires a provider to leave the premises occasionally for a short period of time.(5r) "Employee" means any individual who works for a certified child care operator to provide care and supervision of children in care, including a substitute, helper, or assistant.(6) "Family child care center" means a child care center licensed under s. 48.65, Stats., and ch. DCF 250.(7) " Field trip" means any experience a child has away from the premises while in the care of a provider, whether the child walks or is transported.(7m) " Fit and qualified" means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following: (a) Results of the child care background check.(b) Abuse of alcohol or drugs.(c) A history of criminal, civil or other offenses, or administrative rule violations that are related to the care of children or clients or demonstrate an inability to manage the activities of a child care program.(d) Exercise of unsound judgment.(e) Compliance with the standards under this chapter.(8) "Group child care center" means a child care center licensed under s. 48.65, Stats., and ch. DCF 251.(8m) "Hazard" means a potential source of harm, including a recalled product, that could jeopardize the health, safety, or well-being of children in care.(9) "Health check provider" means a provider of health assessment and evaluation services eligible to be certified under s. DHS 105.37(1) (a), including an outpatient hospital facility, health maintenance organization, visiting nurse association, clinic operated under a physician's supervision, local public health agency, home health agency, rural health clinic, Indian health agency and neighborhood health center.(9d) " Household member" means a person who is age 10 or older, who resides, or is expected to reside, at a certified child care home and who is not a client of the certified child care operator.(9g) "In care" means a child care provider is responsible for the supervision, safety and developmental needs of children, on or off the premises, including during transportation provided by the certified child care operator. For purposes of this subsection, "children" includes children under 7 years of age who reside in the certified child care home.(9r) "Inclement weather" means stormy or severe weather, including any of the following: (b) Temperatures above 90 degrees Fahrenheit.(c) Wind chills of 0 degrees Fahrenheit or below for children age 2 and above.(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.(10) "Infant" means a child under one year of age.(11) "In-home provider" means a person caring for a child in the child's own home when the conditions in s. DCF 201.039(5) are met.(12) "Licensed physician" means a physician licensed under ch. 448, Stats.(12m) "Operator's own children" means a certified family child care operator's natural, adopted, step, and foster children, and any children who reside in the operator's home.(13) "Parent" means a "parent," as defined under s. 48.02(13), Stats., or a "guardian," as defined under s. 48.02(8), Stats. Note: Section 49.155(1) (c), Stats., provides: "Notwithstanding s. 49.141(1) (j), `parent' means a custodial parent, foster parent, treatment foster parent, legal custodian or person acting in place of a parent."
(14) "Physician assistant" means a health care professional certified under s. 448.04(1) (f), Stats., and ch. Med 8.(15) "Premises" means the tract of land on which the home used for child care is located, including all buildings and structures on that land.(18) "Related to the provider" means the provider's natural or adopted children, foster children, stepchildren, grandchildren, brothers, sisters, first cousins, nephews, nieces, uncles and aunts.(19) "School-age child" means a child 5 years of age or older who is enrolled in a public school or a parochial or other private school.(20c) "Shaken baby syndrome" or "SBS" means a severe form of brain injury that occurs when an infant or young child is shaken forcibly enough to cause the brain to rebound against his or her skull.(20g) "Substitute" means a provider who replaces the certified child care operator or other provider on an infrequent, pre-arranged, or planned basis.(20n) "Sudden infant death syndrome" or "SIDS" means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene, and a review of the clinical history.(20r) "Supervision" means guidance of the behavior and activities of children for their health, safety, and well-being by a provider who is within sight or sound of the children, except as specified in s. DCF 202.08(2) (e) 6. and 7.(20w) "Suspension" means a temporary interruption in regulatory approval.(21) "Tribe" means a Wisconsin American Indian tribe recognized by the federal government.(21m) "Universal precautions" means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service's centers for disease control and adopted by the U.S. occupational safety and health administration as 29 CFR 1910.1030. Note: "Standard precautions" for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA website at http://www.osha.gov.
(22) "Volunteer" means a person who is not paid but who agrees to give time, with or without reimbursement for expenses, to transport children in care or to work in a certified child care home.(23) " Wading pool" means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water, and used primarily for small children.Wis. Admin. Code Department of Children and Families DCF 202.02
Cr. Register, August, 1985, No. 356, eff. 9-1-85; r. and recr. Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr., Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.56; r. and recr. (1) and am. (4) and (22), Register, July, 1999, No. 523, eff. 8-1-99; correction in (6) and (13) made under s. 13.93(2m) (b) 7, Stats., Register, July, 1999, No. 523; CR 02-007: am. (1) and (4), cr. (3m) and (4m) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: cr. (1m), (3b), (3e), (3k), (5g), (5r), (8m), (9c), (9g), (9r), (12m), (20c) to (20w), r. and recr. (2), (15) and (22), am. (3), (6) and (8), renum. (4m) and (20) to be (3h) and (3f) and am., r. (7) and (17) Register May 2008 No. 629, eff. 6-1-08; corrections in (1m), (2), (3m), (5), (6), (8), (9) and (20r) made under s. 13.92(4) (b) 6 and 7., Stats., Register November 2008 No. 635.Amended by, 2015 Wis. Act 132: r. (1), cr. (1s), am. (2), (3h), r. (4), am. 14 Register February 2016 No. 722, eff.3/1/2016Amended by, correction in (1m) made under s. 13.92(4) (b) 7, Stats., Register September 2016 No. 729, eff. 10/1/2016Amended by, EmR1918: emerg. cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23), eff. 1-30-19; CR 19-089: cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23) Register March 2020 No. 771, eff. 4-1-20 except (3), eff. 4-1-20 and 10-1-21; correction in (9g) made under s. 13.92(4) (b) 7, Stats., Register March 2020 No. 771, eff. 4/1/2020