Child Care Licensing Resources:
Wisconsin's Licensed Child Care SearchTerms and DefinitionsThe following list of terms and phrases is followed by definitions and explanations below. Click on a term to view its meaning.
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Accreditation -
Accreditation means a formal system for validating and recognizing the
components of a group or family child care program to improve the
quality of the child care program and inform consumers.
Administrative Rules - Administrative rules are regulations which
have the effect of law and have been issued to interpret and implement
statutory requirements. DCF
250 and DCF 251 are the pertinent administrative rules governing
licensed group and family child care.
DCF
252 is the administrative rule governing Day Camps. DCF 202 is the
administrative rule that governs certified family and school age child
care. Appeal Decision -
A licensee may appeal an enforcement
action imposed by the Department of Children and Families (DCF) to the
Department of Administration, Division of Hearings and Appeals.
Following the appeal hearing, the Division of Hearings and
Appeals may either support the enforcement action taken by the DCF or
support the licensee's position. A
certified operator may appeal any negative action (i.e. denial,
revocation, suspension) by the certifying agency.
The appeal process must follow
Chapter 68- Municipal Administrative Procedures.
Certified Child Care -
This is a voluntary form of
regulation in
Certified Family Child Care - A family child care
certified under DCF 202, Wisconsin Administrative Code, to provide care
and supervision to no more than 3 children under age 7 and no more than
6 in care including children related to the provider.
Group size is reduced when 3 or
more children under age 2 are present.
Certified School Age Care -
A
program certified under DCF 202, Wisconsin Administrative Code, to
provide care and supervision in a location other than an operator’s home
for fewer than 24 hours a day for 7 or more school–age children and
which is exempt from being licensed as a child care center.
Complaint
- A complaint is an allegation of a violation
of administrative rules and laws related to licensed or certified child
care facilities that requires an investigation and, if confirmed as
true, appropriate follow-up action.
The Department of Children and Families (DCF) investigates
complaints within its regulatory authority related to licensed or
illegally operating facilities.
The Certifying agency investigates complaints within its
regulatory authority related to certified child care programs.
Complaints alert the regulating agency to possible problems at
facilities that may not be apparent during routine monitoring visits.
When a complaint investigation is completed, the regulating
agency must reach one of two findings for each alleged violation
included in the complaint.
These findings are "Substantiated" or "Unsubstantiated."
Substantiated means that based on the complaint investigation, a
rule violation was issued.
Unsubstantiated means that based on the complaint investigation, a rule
violation was not issued. Compliance Statement -
Compliance Statement
is a form used by the regulating agency to document when no violations
(also referred to as noncompliances) were cited for the selected
administrative rules under review at the time of the monitoring visit to
the licensed or certified facility.
This form is may be presented to the licensee at the conclusion
of the visit or mailed to the
licensee/certified operator following the visit, and for licensed
programs must be posted next to the child care license in an area
conspicuous to the public. Correction Plan - Licensed and certified centers are expected
to develop and implement an acceptable correction plan to address all
violations identified on the Statement of Noncompliance and Correction
Plan. The regulating agency
verifies that the violations are corrected within the specified
timeframe, and, if the violations remain uncorrected, the regulating
agency may take further corrective action with the child care center,
such as an enforcement action or other sanction.
Day Camp - A day camp is licensed under DCF 252, Wisconsin Administrative
Code, to provide care and supervision to 4 or more children 3 years of
age and older in a seasonal program oriented to the out-of-doors for
periods less than 24 hours a day. Denial - A denial is an enforcement action taken by
the regulating agency that prevents an applicant for child care
licensure/certification from receiving a probationary or regular license
or certificate to operate. An application may be denied due to the
applicant's failure to meet the minimum standards for
licensure/certification. The
regulating agency may consider any action by the applicant, a household
member or by an employee of the applicant that constitutes a substantial
failure to protect and promote the health, safety and welfare of a
child. In certain
circumstances, the applicant's criminal history may prohibit
licensure/certification. Direct Forfeiture - Direct forfeiture refers to an enforcement action
taken by the Department of Children and Families (DCF) that assesses a
monetary penalty against a child care licensee
for an identified administrative rule violation not associated with
previously issued orders. A
direct forfeiture is issued in the most severe circumstances where the
health, safety and welfare of children in care is threatened or when
harm to a child has occurred.
A direct forfeiture may be assessed in amounts of $10 to
$1000 per day, per violation.
Enforcement Action -
An enforcement action,
authorized in Wisconsin Statute, is a sanction or penalty that may be
taken by the Department of Children and Families (DCF) to address
violations of administrative rules or laws.
Through the use of enforcement actions, such as orders and
forfeitures, the DCF can compel licensees to correct violations and come
into compliance with minimum regulatory requirements.
A licensee can dispute an enforcement action taken by the DCF by
appealing the action through the Division of Hearings and Appeals. Family Child Care Center
-
Formal
Rating with Observation -
A Formal Rating with Observation is a process by which rating observers
evaluate several aspects of the child care program for measures of
quality. The YoungStar Consortium ensures that formal rating with
observation will occur in a valid and reliable approach across all six
regions in Forfeiture - A forfeiture is an enforcement action taken by the Department of
Children and Families (DCF) that assesses a monetary penalty against a
child care licensee who violates a provision of licensure under the
administrative rule. A
forfeiture may be assessed in amounts of $10 to $1000 per day, per
violation. Forfeitures are
usually issued after a provider has failed to come into compliance with
an order, but they may be issued directly for the most serious
violations.
Four
Year Old Kindergarten (4K)
-
When offered, 4-Year-Old Kindergarten is universal and open to all
children. When a district offers 4K, it must be open for all-age
eligible children in the district. More
and more school districts are taking community approaches to
four-year-old kindergarten by offering the program in an array of
settings including schools, child care centers and Head Start. Group Child Care Center
- A group child care center is licensed under DCF 251, Wisconsin
Administrative Code, to provide care and supervision to 9 or more
children for less than 24 hours a day.
A
group child care center can also be certified under DCF 202, Wisconsin
Administrative Code, to provide care and supervision to school-age
children 7 and older.
Head
Start
- Lead Teacher - A lead teacher is a group child care worker who plans, implements and supervises the daily activities for a designated group of children.
Licensee - Licensee refers to the corporation, individual, partnership or
non-incorporated association or cooperative which has legal and
financial responsibility for the operation of a child care center and
for meeting the requirements of the child care administrative rule.
Micro-Grants
- Micro-Grants are
available to child care programs that request and participate in
YoungStar technical consultation. Micro-Grant resources will be used to
support child care providers’ quality improvement plans. Quality
improvement plans will be created by providers in consultation with
technical consultants from the YoungStar Regional Offices.
Model Work Standards
- Model Work
Standards is a tool that is used as an in-depth examination of their
child care work environment - both the interpersonal climate of the
workplace, as well as policies and practices that define good working
conditions
Noncompliance Statement and Correction Plan - A Noncompliance Statement and Correction Plan
is the form that is used by the regulating agency to enumerate and
document all violations of administrative rules identified in
licensed/certified facilities.
The Noncompliance
Statement and Correction Plan alerts a facility to existing violations
and requires prompt, appropriate corrective action to safeguard the
children in care. This form
is presented to the licensee at the conclusion of the visit or may be
mailed to the licensee/certified operator following the visit, and for
licensed programs must be posted next to the child care license in an
area conspicuous to the public. Not Upheld (Licensed
Programs) -
When the Division of Hearings and Appeals supports the licensee's appeal
of an enforcement action, the appeal decision on the Enforcement Actions
page indicates "Not Upheld", meaning the enforcement action is
withdrawn. Not Upheld (Certified Programs) - When the Certification Administrative Agency supports the certified operator’s appeal of a certification sanction or other negative action. Operator – An individual,
corporation, partnership, limited liability corporation,
non–incorporated association, or cooperative that has legal and
financial responsibility for the operation of a certified child care
program and for meeting the requirements under DCF 202, Wisconsin
Administrative Code. Order - An order is an enforcement action issued by
the Department of Children and Families (DCF) that compels a licensee,
through a formal, written directive, to take necessary steps to comply
with one or more administrative rules.
In the case of an illegally operating center, an order to cease
operation may be issued to the person/entity operating a center
illegally.
Probationary License
- A
probationary child care license is the license issued to an applicant
who has not been previously issued a regular license, has changed
location, or has changed corporate status.
A probationary license is issued when the applicant meets certain
minimum requirements for probationary licensure, as specified in statute
and administrative rule, and the probationary license fee has been paid.
The probationary license is valid for up to six months, but it
may be renewed for one additional six-month period.
Before a probationary license expires, the DCF conducts
inspections of the center to ensure it meets the minimum requirements
for regular licensure. A
regular license is issued if minimum requirements are met.
Professional
Development Technical Consulting
- Participants in
YoungStar have an opportunity to get support in the development of
individual and/or program professional development plans. These plans
will allow programs to identify opportunities for meeting goals related
to qualifications and competencies. This service can occur via telephone
or on-site.
Quality Improvement
Plan (QIP)
- Quality Improvement
Plan is an ongoing cycle of self-study and assessment and planning for
improvement within the child care program. The quality improvement plan
is used to document, implement and evaluate the quality of programming
on an ongoing basis.
Quality Rating and
Improvement System (QRIS)
- A quality rating
and improvement system (QRIS) is a systemic approach to assess, improve,
and communicate the level of quality in early and school-age care and
education programs. Similar to rating systems for restaurants and
hotels, QRIS award quality ratings to early and school-age care and
education programs that meet a set of defined program standards. QRIS are composed of five
common elements: (1) standards; (2) accountability measures; (3) program
and practitioner outreach and support; (4) financial incentives; and (5)
parent/consumer education efforts. Currently, 23 States have a statewide
QRIS with all five elements. Regulatory Compliance –
Licensed and
certified providers will be out of regulatory compliance upon receipt of
notice from the Department of Children and Families or certifying agency
that the license or certification 1) has been revoked (or summarily
suspended); 2) has been denied; or 3) has been suspended form the
Wisconsin Shares program.
For programs that are found to be out of regulatory compliance, the
provider’s rating will be changed to a one star.
All of these regulatory actions,
the revocation, denial and suspension, have an associated appeal right,
as described in Ch. 227, Wis. Stats. or
Chapter 68 Administrative Code.
In the
case of revocations, denials and Wisconsin Shares suspensions, the
program will remain out of regulatory compliance until the regulatory
enforcement action is resolved. Any future participation in the
Wisconsin Shares program depends upon the conditions articulated in the
final ruling or the settlement of the revocation case. If the program
continues to operate during the revocation or denial proceedings, the
provider will continue to have access to YoungStar training and
technical assistance. If and when a provider is deemed to be in
regulatory compliance, the provider’s prior rating will be
restored. Regulatory History -
Each program licensed by the Department of
Children and Families (DCF) or certified by the certifying agency agrees
to follow administrative rules intended to protect the children in care.
The regulating agency makes periodic, unannounced and announced
on-site visits to regulated child care centers, during which time the
regulator observes the operation of the center and notes any violation
of selected administrative rules.
Either a Statement of Noncompliance and Correction Plan (CFS-294)
that enumerates the violations found or a Compliance Statement that
shows that no violations were noted is issued.
For licensed programs these reports must be posted next to the
child care license in an area of the center that is readily visible to
parents and the public. Regulatory history is also established through
complaint investigations conducted by the regulatory agency.
The DCF may make only one or two routine monitoring visits each
year, so observations from parents and others as to what is happening at
a center is also informative. The
frequency of monitoring visits to certified programs vary.
When the regulating agency is
alerted to potential violation(s) of administrative rule, regulatory
staff conducts a thorough investigation.
If the complaint results in substantiated violations, the
violations are documented on a Noncompliance Statement and Correction
Plan. The center is expected
to take prompt corrective action. Revocation - A revocation is the closure of a facility by the Department of
Children and Families (DCF) or certifying agency through termination of
the license/certificate to operate.
There are various grounds for revocation.
These include continued violation of a provision of
licensure/certification after the imposition of a penalty; substantial
violation of a provision of licensure/certification; certification as
tax delinquent; direct threats to the health, safety or welfare of
children in care; outstanding forfeitures; or evidence that the
licensee, certified operator, a household member, an employee or a
person with regular contact with children in care has been convicted of
a serious crime or is the subject of a finding by a governmental agency
of neglect or abuse of a client, misappropriation of a client's property
or child abuse or neglect. School Age Care - School age programs are defined as programs that provide early care and education services primarily during the hours before and after school, and primarily serve children ages 5 - 12. In some limited circumstances younger children may be enrolled. More information about school age care can be found on the For Providers section of the YoungStar web site. Second Probationary License - A second 6-month probationary license is issued to a provider following the first six-month probationary licensing period when the Department of Children and Families (DCF) decides to extend the probationary period in order to ensure the provider meets the minimum standards under the administrative rule before a regular license is granted.
Stipulated Agreement
- A stipulated agreement is a legal contractual
agreement between the regulatory agency and a licensee/operator of a
child care center that sets forth specific and unique terms and
conditions for continuing licensure/certification.
Such an agreement is sometimes used to
settle an enforcement action following a provider’s appeal of the
action. It establishes
ongoing conditions under which an applicant/licensee/certified operator
is permitted to hold a license/certificate.
Without such an agreement, or in violation of the agreement, an
enforcement action, including license/certification denial or
revocation, may result.
Summary Suspension -
A summary suspension is an enforcement action taken by the Department of
Children and Families (DCF) that requires the immediate suspension of a
license and closure of a facility when the DCF finds that emergency
action is required to ensure the public health, safety or welfare.
Technical
Assistance/Technical Consultation (TA or TC)
- Technical
Consultation is a process in which YoungStar team members meet with
programs at their site to support development or refinement of a quality
improvement plan. The consultant will also provide support in putting
the plan into action. While the movement forward in an action plan is
the choice of a program, consultants can bring many strategies and
resources to achieve goals. The consulting will be
based on the program’s self-assessment, draft quality improvement plan,
ideas, hopes, and vision for growing the quality of the program. The
technical consultant will also bring skills, knowledge of early care and
education, experience supporting change, and resources based on research
and best practice. Together the program and consultant will monitor
progress toward quality improvement goals.
Technical Consultant
- A
Technical Consultant is a highly qualified individual with a combination
of credit-based education and experience who will provide assistance to
providers in Temporary
Suspension of a License - A temporary suspension of a license is an
enforcement action taken by the Department of Children and Families
(DCF) that temporarily suspends a child care license for not more than
two weeks. This enforcement
action requires that the licensee temporarily close the licensed
facility and cease caring for a licensable number of children during the
license suspension period while the licensee makes necessary corrections
to achieve compliance with licensing administrative rule. The Registry -
The Registry is a career level system that
recognizes the professional achievements of the childhood care and
education profession in
Upheld
- When the Division
of Hearings and Appeals agrees with the Department of Children
and Families (DCF) enforcement action, the
appeal decision on the Enforcement Actions page indicates "upheld",
meaning the enforcement action remains in place. This applies to
licensed programs only.
Violation - A violation, also referred to as a noncompliance, is a formal,
written statement that the licensee/certified operator is not complying
with a specific administrative rule. Warning Letter - For licensed programs a warning letter is
not technically an enforcement action but a pre-enforcement action, an
incremental step in the progression toward an enforcement action.
For certified programs a warning letter is a sanction and
typically an incremental step in the progression towards additional
sanctions. A warning letter is used to 1) increase the impact of
a Noncompliance Statement and Correction Plan (CFS-294) issued for a
serious violation(s), for numerous violations or for a repeat
violation(s); 2) report to the licensee/certified operator that
telephone service to the facility is unavailable and the consequences if
the service is not restored; 3) inform the licensee/certified operator
about failed attempts to gain entrance to the facility for on-site
monitoring and the consequences should monitoring not be allowed; or 4)
inform an applicant/licensee that an unresolved tax delinquency may
prevent licensure. The
warning letter informs the licensee/certified operator that failure to
correct the violation(s), admit entry, restore telephone service or
resolve the tax delinquency could, or will, result in subsequent
enforcement action or other sanction.
Wisconsin Model Early
Learning Standards
- Wisconsin Model
Early Learning Standards is a tool to provide a framework of
developmentally appropriate expectations for young children that can
guide the creation, evaluation, and improvement of conditions necessary
for children’s optimal development and create a common language. The
Standards specify developmental expectations for children from birth
through entrance to first grade. The Standards reflect attention to all
the domains of a child’s learning and development.
Wisconsin Shares
- Wisconsin Shares is
the child care subsidy program for working families administered by the
Department of Children and Families.
YoungStar Consortium
-
YoungStar Consortium is made up of Supporting Families Together
Association (SFTA), Wisconsin Early Childhood Association (WECA) and
Celebrate Children Foundation (CCF). The Consortium was selected to
administer YoungStar in six regional offices across |
