Section DCF 202.04 - Certification(1) B ASIS FOR CERTIFICATION . In order to be certified, a child care operator shall meet all of the following conditions: (a) The operator is exempt from the licensure requirement under s. 48.65, Stats.(b) There is no child care center licensed under ch. DCF 250 on the premises where the certified child care operator cares, or will care, for children.(c) The operator complies with the standards in this chapter.(2) TYPES OF CERTIFIED OPERATORS. A certified child care operator may be certified as a certified family child care operator or a certified in-home child care operator. Certified family child care operators and certified in-home child care operators are required to meet the standards under this chapter and may care for infant, toddler, preschool, or school-age children consistent with s. DCF 202.08(6).(3) CERTIFICATION ADMINISTRATION. (a) The certification agency that is responsible for certifying an operator shall be determined by the geographic area in which the child care is provided.(b) A certification agency shall do all of the following:1. Ensure that each new child care certification worker completes the department-approved new certification worker training during the first 6 months of employment.2. Maintain certification records demonstrating agency, applicant, and operator compliance with requirements under this chapter. Certification applicant and operator records shall be retained for 6 years after the closure of a certified child care program, an application denial, an application withdrawal, or a final appeal decision denying an application.3. Provide to prospective applicants prior to initial certification a copy of the applicable requirements of this chapter and information on child care certification, including information on all of the following: a. Preservice training requirements.b. Reducing the incidence of sudden infant death syndrome.c. Preventing shaken baby syndrome and abusive head trauma.d. Child development, positive child guidance, and health and safety, including first-aid and nutrition.e. The child care subsidy program.f. The child care quality rating and improvement system.4.a. Require an applicant for certification to submit a completed background check request form and to receive a final determination of eligibility prior to initial certification.b. If an applicant is applying to be a certified family child care operator, require household members 10 years of age and older to submit a completed background check request form and to receive final determinations of eligibility prior to initial certification.5. Require any potential household member of a certified family child care operator 10 years of age or older, and any potential provider, substitute, or employee to submit a completed background check request form and receive from the department a preliminary eligibility determination under s. 48.686(4p), Stats., prior to residency, supervised employment, or volunteer work commencing.6. When a current household member of a certified family child care operator turns 10 years of age, require the operator to submit a completed background check request form to the certification agency by the agency's next business day.7. Follow the requirements for conducting child care background checks under s. 48.686, Stats., and ch. DCF 13.8. Request a statement from the appropriate regulating agency indicating the regulating agency approves a child care business in the applicant's home if the applicant has a separate license or certification to care for children or adults, including foster care or adult care.9. Conduct an on-site inspection of the premises where child care will be provided or is provided, including areas not used for child care, at all of the following times: a. Prior to initial certification.b. Not less than annually.c. Upon receiving an application for recertification.d. Upon receiving an application for a new location.10. Conduct the annual inspection of all certified child care operators under subd. 9. b. as specified by the department to monitor for health and safety standards. The inspection of certified family child care operators shall be unannounced and during hours of operation. The inspection of certified in-home child care operators may be announced and does not have to be during hours of operation.11. After initial certification is granted, document monitoring results in the manner prescribed by the department and issue a compliance statement or a noncompliance statement.12. Do all of the following, if the operator provides transportation services: a. Inspect a child vehicle safety alarm, at least annually, to determine whether the child safety alarm is in good working order as required under s. DCF 202.08(9) (p) to (s).b. Review the driving record of each driver of a vehicle used to transport children in care to ensure the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children. In determining whether a driver may pose a threat to children, the certification agency shall consider the totality of the driver's record and any other relevant facts under s. DCF 202.08(9) (f). Note: Information on how to obtain driving records may be obtained by contacting the Department of Transportation at (608) 261-2566 or http://dot.wisconsin.gov/drivers/drivers/point/abstract.htm.
13. Refuse to approve more than one certified family child care operator for each residence.14. No later than the next business day, document in a manner prescribed by the department any reports of the death of a child in care, or any accident or incident that results in an injury to a child in care that requires professional medical evaluation.(c) A certification agency may do any of the following:1. Conduct additional on-site inspections to monitor compliance with certification standards, in addition to the required inspections under par. (b) 9.2. Require an applicant for certification to submit references at initial certification.3. Require an evaluation and written statement by a physician or licensed mental health professional of any person associated with the care of children or any household member if the certification agency has any reason to believe that the person's physical or mental health may endanger children in care. The certification agency shall document the reason it believes the person's physical or mental health may endanger children in care.4. Impose conditions for approval of certification.5. Enter into a temporary closure agreement with an operator that sets forth specific terms and conditions for the closure, not to exceed 365 days. An on-site monitoring visit must be conducted prior to reopening.(4) APPLICATION. (a)Form. An application for initial certification, recertification, or relocation under this section shall be made on a form prescribed by the department, which is available from the certification agency in the county or tribal territory where the child care is provided. The applicant shall submit the completed form and any other material necessary to make a certification decision to the certification agency. Note: Form DCF-F-DWSW48-E, Certification Application - Family and In-Home Child Care Programs, is available from a certification agency or on the department's website at https://dcf.wisconsin.gov/index.php/cccertification/ccformspubs.
(b)Individual only. An applicant for certification shall be an individual.(bm)Transition. No corporation, partnership, limited liability company, non-incorporated association, or cooperative that is a certified child care operator may apply for recertification. Note: Par. (bm) is repealed eff. 10-1-21 by CR 19-089.
(c)Child care background check. An applicant and certification agency shall comply with the background check requirements under s. 48.686, Stats., and ch. DCF 13.(d)Fees. A certification agency may charge a fee for child care certification not to exceed 150 percent of the licensing fee for a family child care center that provides care and supervision for 4 to 8 children under s. 48.65(3) (a), Stats. The department may charge a fee for the cost of conducting the child care background checks.(e)Approval. Within 60 days after completion of a satisfactory determination that the applicant is fit and qualified and compliant with the standards in this chapter, the certification agency shall either approve the application and issue a certification under sub. (5) (a) or (b) or deny the application.(5) CATEGORIES OF CERTIFICATION. Certification of an operator by a certification agency shall be provisional or regular as follows: (a)Provisional. Provisional certification may be issued only after the child care operator has demonstrated compliance with all certification standards under this chapter, except training specified in s. DCF 202.08(1) (b) 3. Provisional certification shall be granted for a period not to exceed 6 months and may not be renewed or extended.(b)Regular.1. Regular certification may be issued only after the child care operator has demonstrated compliance with all certification standards under this chapter, including requirements for completing department-approved preservice training under s. DCF 202.08(1) (b) 3.2. Regular certification shall be granted for a period of 2 years and may be renewed upon application for recertification. The two-year period includes a combination of provisional and regular certification.Wis. Admin. Code Department of Children and Families DCF 202.04
Cr. Register, August, 1985, No. 356, eff. 9-1-85; am. (4) (b), Register, November, 1987, No. 383, eff. 12-1-87; renum. (5) to be (6), cr. (5), 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 55.58, am. (2) (a) and (b), (3) (c), (d) 1. and 2., (5) (a) and (b), (7) (a) and (b) 1., and (8) and cr. (9), Register, July, 1999, No. 523, eff. 8-1-99; CR 02-007: am. (3) (b), (5) (a), (b), (7) (b) 2. c., d., and (9), r. (3) (f), cr. (6) (c), (7) (b) 2. h., and 3. d. Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (1), (2), (5) (title), (a), (b), (7) (a), (b) 1., 2. a. to f., 3. a. to d. and (9), r. (3) (b) and (7) (b) 4., r. and recr. (3) (e) and (7) (b) 2. g., cr. (3) (f), (4) (b), (7) (b) 2. bm. and 3. e., renum. (4) to be (4) (a) and am. Register May 2008 No. 629, eff. 6-1-08; corrections in (2), (3) (d), (e) 2., (5), (7) (a), (b) 1., (8) and (9) made under s. 13.92(4) (b) 6 and 7., Stats., Register November 2008 No. 635.Amended by, 2015 Wis. Act 132: am. (3) (a), (d), (e) (intro.), (f), (4) (a), (b), (5) (intro.), (6) (a), (b), (c), (7) (a), (b) 1., 2. (intro.), 3. (intro.), e., (8), (9) Register February 2016 No. 722, eff.3/1/2016Amended by, CR 14-028: am. (7) (b) 2. d. Register July 2016 No. 727, eff. 8-1-16; corrections in (3) (e) 2. and (9) made under s. 13.92(4) (b) 7, Stats., Register September 2016 No. 729, eff. 10/1/2016Amended by, EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20 except r. (4) (bm), eff. 10-1-21; correction in (3) (b) 5., 6., 12. b. made under s. 35.17, Stats., Register March 2020 No. 771, eff. 4/1/2020