Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
Most files retained by the agency are public records and a requester has a right to inspect any record. However, all laws related to confidentiality control the release of information and must be applied before records are made available. If no confidentiality law applies to the record, the complete record must be disclosed when requested unless there is a reason to deny the request under the Open Record Law itself.
Note: Information protected from disclosure during an open records request may be subject to disclosure during litigation.
Examples of records requiring careful analysis in order to determine whether or not it is prohibited from disclosure are provided below.
Social security numbers (SSNs) and Federal Employer Identification Number (FEINs) should generally be redacted to prevent identity theft.
Children’s names.
Photographs of children shall be redacted to protect confidentiality.
Background information regarding juveniles may not be released.
Documents that contain a reference to CPS are subject to strict statutory confidentiality.
Health / medical records / documents.
Information that could identify a confidential informant / complainant*.
Records containing personally identifiable information that is collected or maintained in connection with an ongoing complaint, investigation or other circumstances that may lead to a sanction, administrative proceeding, arbitration proceeding or court proceeding, or any record collected or maintained in connection with such an action or proceeding. Once the action is concluded, however, such records are subject to open record requests.
Information contained within a file on the status of a pending complaint investigation. Typically it is most appropriate not to disclose information / documents until the investigation is complete and the operator and the complainant have received the findings. In most cases conducting a thorough and complete investigation and informing the operator of any action the certification worker is taking takes precedence over external pressure to prematurely release investigation findings. See Section 2.10 Delaying a Response When an Investigation is in Progress.
Information obtained by the certification agency regarding criminal convictions of adults received from the Department of Justice is public record and can be shared. Information in the IBIS letter regarding adults is also public record and may be shared. If the background check was conducted by the department's CBU, the request may contact DCF directly. Employers conducting background checks on applicants may receive a DHS/IBIS letter indicating that an individual had their certification revoked / denied for background check-related reasons. If an employer contacts the certification agency to inquire about the details or circumstances of the denial / revocation, the certification worker may indicate that the sanction was due to a barred offense but should not give any details on CPS related cases. Refer the employer to the applicant for further details on the denial / revocation. If WISCCRS was coded correctly at the time the sanction was issued, the sanction was due to the applicant / operator having the offense. However, if the sanction was coded incorrectly and results in an IBIS “hit” are due to a household member having the barred offense, the certification worker may disclose the sanction was due to a barred offense by someone other than the applicant / operator.
In accordance with s. 48.78(2)(a), Wis. Stats., the identity of any child in a licensed child care center may not be disclosed. Although certified operators are not included in the current statutory language, it is best practice for certified operators and certification agencies to comply. This ensures that information received about a child in care remains confidential. The identity of children served by the certified operator should remain confidential information for anyone other than the operator, DCF, the certification agency, the parent or guardian or another authorized public or private agency.
Employees are entitled to confidentiality on the noncompliance statements that are posted on the regulated child care and YoungStar public search website. If there are employee names on noncompliance statements / plans of correction, these names should be redacted. Otherwise, the redaction of employees' names in an open records request has to be determined on a case by case basis using the balancing test by the designated agency staff.
*Note: Information protected from disclosure during an open record request may be subject to disclosure during litigation. For example, even if the name of a confidential informant/complainant is protected from disclosure in an open record request, it is still available under discovery should litigation occur. During litigation, the accused has the right to know the identity of the accuser.
This page last updated 01/2020.