5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: A "Group child care center" means a facility where a person for less than 24 hours a day provides care and supervision for nine or more children who are not related to the provider. No person may for compensation provide care and supervision for four or more children under the age of seven for less than 24 hours a day unless that person obtains a license to operate a child care center from the department. Wis. Statues, s. 48.65, DCF 251.02, DCF 251.03(13), DCF 251.13. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: Please Note that for the completion of this question the following definition applies: "Licensed centers refers to Licensed Group and Licensed Family." If a person provides care on a regular basis to four or more children under the age of seven years, that person shall be deemed to be providing care for compensation and shall be licensed. Licensed Family Child Care Centers provide care for between four and eight children, usually in the provider's home. "Family child care center" means a facility where a person provides care and supervision for less than 24 hours a day for at least four and not more than eight children who are not related to the provider. No person may for compensation provide care and supervision for four or more children under the age of seven for less than 24 hours a day unless that person obtains a license to operate a child care center from the department. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: The are no "in-home providers" subject to licensing. This question is not applicable. Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. Public School-Operated Child Care Programs are exempt from licensure under Wis. Stat. § 48.65. However, pursuant to Wis. Stat. § 120.13(14), a child care program established and provided by a school board must comply with the applicable standards governing the operation of licensed child care centers in Wisconsin, as provided under Wis. Admin. Code DCF 251 in order to be CCDF eligible. All child care programs operated or contracted by a public school that wish to be eligible to receive Wisconsin Shares Child Care Subsidy payments must be monitored annually by the Lead Agency for compliance with a subset of the Administrative Code DCF 251. Wis. Statutes, s. 120.13(14). ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Public School-Operated Child Care Programs are exempt from licensure under Wis. Stat. § 48.65. However, pursuant to Wis. Stat. § 120.13(14), a child care program established and provided by a school board must comply with the applicable standards governing the operation of licensed child care centers in Wisconsin, as provided under Wis. Admin. Code DCF 251 in order to be CCDF eligible. All child care programs operated or contracted by a public school that wish to be eligible to receive Wisconsin Shares Child Care Subsidy payments must be monitored annually by the Lead Agency for compliance with a subset of the Administrative Code DCF 251. Wis. Statutes, s. 120.13(14). The only exception for group center care is specified in 120.13(14) and DCF 201.038 (1)(a)3. (1) PROVIDER REQUIREMENTS. A child care administrative agency may authorize payment for child care services provided by a child care provider who meets all of the following conditions: Regulated child care. The child care provider is any of the following: 3. ￿School board.’ A child care program established or contracted for by a school board under s. 120.13 (14), Stats iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Wis. Stat. § 48.65 does not require licensure for any of the following, however, these child care arrangements are not CCDF-eligible: (a) A parent, grandparent, great grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption, who provides care and supervision for the child. (am) A guardian of a child who provides care and supervision for the child. (b) A public or parochial school or a tribal school. (c) A person employed to come to the home of the child's parent or guardian for less than 24 hours a day. (d) A county, city, village, town, school district or library that provides programs primarily intended for recreational or social purposes. Public School Board powers under s. 120.13 (14), Wis. Stats., states in pertinent part that school boards may establish and provide or contract for the provision of child care programs for children. Child care programs established under this subsection shall meet the standards for licensed child care centers [DCF 251 Licensing Rules for Group Child Care Centers] established by the department of children and families. The Lead Agency annually monitors public school operated programs, that are CCDF- eligible, for compliance with a subset of the licensing rules under DCF 251. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. A family child care provider who provides care and supervision for less than 24 hours per day for no more than three children under age seven is not required to obtain a license/regulation. Under Wis. Statutes, s. 48.65 this form of child care is exempt from licensure/regulation. However, family child care providers may choose to obtain child care certification in order to be CCDF-eligible under WI Stats s. 48.651 and DCF 202. ￿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. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. A family child care provider who provides care and supervision for less than 24 hours per day for no more than three children under age seven is not required to obtain a license/regulation. Under Wis. Statutes, s. 48.65 this form of child care is exempt from licensure/regulation. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Wis. Statutes, s. 48.651 and DCF 202 establish standards for the certification of persons who provide child care for one to three children under age seven unrelated to the provider, or who are not otherwise required to be licensed as a child care center under s. 48.65, Stats. Certified family child care providers are CCDF-eligible. DCF 202 also establishes standards for local counties and tribes that administer child care certification. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. "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). In-home care must be certified if a family meets eligibility requirements for a child care subsidy. Certification standards found in Wis. Admin. Code DCF 202 identify the health and safety standards that apply to certified in-home care. When a certified in-home child care operator cares for children in the children's own home, the certified operator is not required to comply with group size or age grouping restrictions, however, the operator may not care for any children who do not reside in the home. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. A family child care provider who provides care and supervision for less than 24 hours per day for no more than three children under age seven is not required to obtain a license/regulation. Under Wis. Statutes, s. 48.65 this form of child care is exempt from licensure/regulation. In-home care must be certified if a family meets eligibility requirements for a child care subsidy. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Wis. Statutes, s. 48.651 and DCF 202 establish standards for the certification of persons who provide child care for one to three children under age seven unrelated to the provider, or who are not otherwise required to be licensed as a child care center under s. 48.65, Stats. Certified in-home family child care providers are CCDF-eligible. DCF 202 also establishes standards for local counties and tribes that administer child care certification, including in-home family child care.