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Child Care Regulation

Licensing & Regulations Tips  

TIPS - Table of Contents

 

Child care regulations are intended to protect children from risk of future harm while in out-of-home care. Every state assumes responsibility for regulating child care. The federal government has not set national child care standards. Regulations vary widely among the states regarding requirements for group size, ratios of children per staff member, teacher training, nutrition, health, safety and space requirements. Regulations do not assure high quality of care. Instead they set the basic floor level of quality protection that must be present when children are in child care. Regulations do several other things:

*They teach providers about important aspects of child care       

*They inform parents about what to expect from child care These rules will dictate whether a child care program will become licensed or will continue being licensed.

WISCONSIN CHILD CARE NEED NOT BE REGULATED WHEN: 

  • Parents are on premises for shopping, exercise, training or other non-work purposes
  • Care is occasional, as in that offered at a monthly club meeting
  • No more than three children, unrelated to the caregiver, are younger than age seven (older children may also be part of such a group)
  • The program is part of a public or private school, and school officials have legal responsibility for it
  • Care is given in the child’s own home

REASONS TO BECOME REGULATED:

  • The caregiver may reduce liability risks by following published rules and industry standards and evaluation on health and safety issues.
  • Many parents prefer regulated care, knowing some degree of monitoring takes place.
  • Wisconsin requires families eligible for public funding to use a regulated program.  
    To be eligible for:
    • Food program reimbursement
    • Certain income tax benefits
    • Local and state grants and loans

 

WISCONSIN LEVELS OF REGULATION
  • Certification: (state rules administered by county or tribal offices)
  •   Provisional Certification (the simplest form of regulation) Requires:
  • References
  • Criminal record check
  • Provider TB test
  • Initial site visit (to establish basic  health & safety requirements)
  • No formal training required
  • May care for no more than 3 children under the age of 7 who are not related to the provider, and an additional 3 related children
  • Regular Certification
  • Requires that a provider meet all the standards described in provisional certification
  • Obtain fifteen hours of training in child care and development
  • Continuing education totaling five hours per year is required by many counties
  • May care for no more than 3 children under the age of 7 who are not related to the provider, and an additional 3 related children

Many provisionally certified providers move up to this level upon completion of their formal training.

  • Licensing: (state rules administered by state offices)
  • Licensed Family Day Care
  • Is usually offered in the provider’s own home
  • Before caring for more than three children, unrelated to the provider, a license for family child care must be applied for, and obtained. The provider must include his/her children under the age of seven in this count. No more than eight children, at any one time, are allowed in licensed family child care homes.
  • Health and safety requirements are more extensive than for certification.
  • Forty hours of formal training is required for the provider
  • A department-approved course in caring for infants and toddlers is needed if any child will be younger than age two.
  • Continuing education totaling fifteen hours per year is also required
  • Caregivers must have a physical exam and a negative TB test, provide references and pass a criminal record check on themselves and any person 10 years and older, residing in the home or working for them
  • The licensing specialist may grant the initial license after verifying that all starred items in the rule book are met
  • Initial license is valid for a six-month period, during which the provider must complete all training requirements
  • Indoor and outdoor equipment and toys to meet the needs of various ages of children in care
  • Indoors, 35 square feet per child of usable play space is needed
  • Outdoors, 75 square feet per child is required
  • A fenced outdoor space is usually required
  • Written policies and some programming plans are required 
  • Licensed Group Day Care
  • Applies to programs that serve nine or more children The same rules apply to centers that are open part of the day (such as nursery schools or after-school programs) and those that are open full-day. All are licensed as day care centers.
  • The building must conform to:
    • Local zoning
    • State building code regulations
  • More formal training and continuing education is required for group center staff
  • Staff must have:
    • A physical exam
    • TB test
    • A criminal record check
    • Orientation plan
    • Continuing education plan
  • The ages of children determine staffing patterns and group sizes in care
  • Liability insurance is required
  • There must be detailed policies concerning:
    • Fees and Refunds
    • Staffing
    • Health and nutrition
    • Child guidance
    • Curriculum
    • Others as deemed necessary
  • The center must have:
    • 35 square feet of usable floor space per child
    • Space for clothing and personal belongings of each child
    • Sufficient bathroom facilities
    • Indoor equipment and toys adequate for licensed capacity
    • Outdoor play space and equipment
    • Additional requirements apply to programs:
      • Offering care for infants and toddlers
      • Night care
      • Care of mildly ill children
      • Kitchen, if meals are served or prepared

For More Information About Certification Call:

 

For More Information About Licensing Call:

To obtain a copy of licensing rules and other useful information: Write to your nearest Regional Licensing Office and request an Inquiry Packet; specify Family or Group inquiry material and enclose a check or money order for $10 per packet payable to Division of Children and Family Services, or DCFS.

Northeastern Region
200 N. Jefferson, Suite 411
Green Bay, WI  54301
920-448-5312
                                                

Northern Region
2187 N. Stevens Street, Suite C
Rhinelander, WI 54501
715-365-2500
 
Southeastern Region
141 NW Barstow St.
Room 104
Waukesha, WI  53188-3789
262-521-5100
                 
 Southern Region
1 West Wilson Street, Room 655
 P.O. Box 8497
Madison, WI  53708-8497
608-266-2900

Western Region
610 Gibson St.
Suite 2
Eau Claire, WI 54701-3687
715-836-2185 

WCCIP staff work throughout the state to help connect people who are seeking information about child care and regulation with agencies who can help them. They also provide pre-licensing technical assistance, quality improvement for existing programs, consultations and trainings.

Child Care Resource and Referral Agencies (CCR&R’s) provide trainings, maintain databases on all regulated care in the counties they serve and help parents with their child care needs. Seventeen CCR&Rs serve the 72 counties in Wisconsin. For information about the CCR&R serving a particular county, call or link to:

 

 

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