| If you are the parent of a child needing
child care, this page is for YOU! Entrusting the care of your child to another is an
important decision. Take time before you choose a child care program to make sure that it
is legal care. Here is information to answer the question, "Is your child care
legal?" THE LAW
Chapter 48.65, WI Statutes
No person shall 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 day care center from the Department of Health and Family Services.
WHEN IT APPLIES
The law applies when there are four or more
children under the age of seven at any one time and:
- the care takes place outside the child's home
- the caregiver is a non-relative and non-guardian
- the parents are off the premises
- the caregiver is paid or reimbursed for services
- the child care is less than 24 hours per day
WHEN THE LAW DOES NOT APPLY
A license is not needed when:
- the care is given in the child's home
- the caregiver is a close relative or guardian
- the parents are on the premises for shopping, recreation or
other non-work activities
- child care is sponsored by a public or private school
- supervision is for occasional activities such as classes,
clubs or sports activities
- care is seasonal, such as vacation bible schools and holiday
child care programs
- a county, city, village, town, school district or library
provides recreational or social programs
REGULATIONS
Consumers sometimes have difficulty
interpreting the rules and regulations that affect child care, because each state handles
it differently! Basically, there are two major types of child care:
- Family Child Care -
care in someone's home, often for a small group of
children of mixed ages. Depending on the state, family child care can be licensed,
certified, approved or registered. In Wisconsin, family child care providers are:
- Licensed for 4-8 children under the age of
7*
- Certified for 1-3 children under the age of
7
*Licensing is required when four or more
children are in the provider's care; it is a Wisconsin state law. Informal care for
1-3 children offered by neighbors, friends and relatives does not need to be licensed or
certified, unless you are receiving public subsidy for low-income children.
- Child Care Centers -
groups
of children cared for in a place that is not the provider's home. In Wisconsin,
child care centers serve 9 or more children.
NO REGULATIONS APPLY TO
- anyone caring for one to three children in
the provider's own home
- babysitters or nannies caring for children
in the child's home
- a babysitter who is a close relative or
guardian
- groups of school-age children, all of whom
are over age seven
FOR MORE INFORMATION ABOUT LEGAL
CHILD CARE
See brochures on-line on the Office of Child Care
web site. (These pages will take a few minutes to load.)
FOR MORE INFORMATION ABOUT
CERTIFICATION
Contact the Office of Child Care.
FOR
MORE INFORMATION ABOUT LICENSING
Contact the Department
of Health and Family Services,
Bureau of Regulation and Licensing. |
