Wis. Admin. Code Department of Children and Families DCF 250.055

Current through November 25, 2024

Section DCF 250.055 - Supervision and grouping of children

(1) SUPERVISION.

(a) Each child shall be supervised by a provider to guide the child's behavior and activities, prevent harm, and ensure safety.

(b) A provider shall be awake at all times when children are in care.

(c) No individual provider may care for children for more than 16 hours in any 24-hour period.

(d) No child may be in care for more than 14 hours in any 24-hour period.

(e) At least one provider who has completed the training required under s. DCF 250.05(3) (b) shall supervise children at all times, except when a substitute is providing care. A substitute shall meet the requirements under s. DCF 250.05(3) (c) and (4) (a).

(f) No person under 18 years of age may be left in sole charge of the children.

(g) The center shall have a written plan reviewed by the department for ensuring supervision of the children in an emergency or during a provider's absence.

(h) A provider may not be engaged in any other activity or occupation during the hours of operation of the center when children are in care, except for daily maintenance of the home.

(i) The licensee may not combine the care of children enrolled in the child care center with foster care of other non-related children or adults without the prior written approval of both licensing agencies.

(j) During the hours of the center's operation, no provider or any other person in contact with children in care may consume or be under the influence of beverages containing alcohol or any non-prescribed controlled substance specified in ch. 961, Stats.

(k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.

(l) The licensee shall implement and adhere to a procedure to ensure that the number, names, and whereabouts of children in care are known to the provider at all times.

(m) A provider shall be outside with children and provide sight and sound supervision of the children, unless the children are playing inside the enclosed outdoor area on the premises specified under s. DCF 250.06 (11) (b).

(n) A provider shall be outside with children providing sight and sound supervision of the children when a wading pool containing water is present in the outdoor play space specified in s. DCF 250.06 (11) (b).

(2) GROUPING OF CHILDREN.

(a) At no time may more than 8 children be in the care of the center. This limitation applies to all of the following:

1. All children under 7 years of age, including a provider's own children.

2. All children 7 years of age or older who are not a provider's own children.

(b) The maximum number of children that one provider may care for is specified in Table 250.055.

(c) If the size of the group or the age distribution of the children exceeds the number that may be served by one provider, an additional qualified provider shall be present.

Note: For example, if there are 3 children under 2 years of age present at one time and 5 children between the 2 years of age and 6 years of age present, a second provider is required. At no time may the maximum number of children in care exceed 8.

(d) When care is provided on a level that is more than 6 feet above or below ground level, no more than 2 children under 2 years of age per provider may be in care.

Wis. Admin. Code Department of Children and Families DCF 250.055

Adopted by, EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4/1/2020

Amended by, CR 21-100: r. and recr. (2) (d) Register February 2023 No. 806, eff. 3/1/2023

Section DCF 250.06 (4) (e) requires an interconnected smoke detection system in operating condition if one or more children under 2 years of age will be cared for in a location that is more than six feet above or below the ground level.

Table DCF 250.055

Maximum Number of Children in Family Child Care per Provider

Children Under 2 Years of Age	Children 2 Years of Age and Older	Maximum Number of Additional School-age Children In Care For Fewer Than 3 Hours a Day	Maximum Number of Children Permitted At One Time
0	8	0	8
1	7	0	8
2	5	1	8
3	2	3	8
4	0	2	6