Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
A stipulation is a legal agreement between the certification agency and the certified operator / applicant. A stipulation may establish additional requirements or restrictions for certification, beyond certification standards outlined in DCF 202 administrative rule. The purpose of the stipulation is to protect the health, safety and welfare of children in care by defining required actions that must be taken by the operator.
It is recommended that stipulations be in writing and signed by the operator and the certification worker. A stipulation is not a sanction. Rather, a stipulation establishes a contractual agreement between the agency and the operator which specifies agency-imposed terms and conditions on the certificate. Such an agreement may be used
In lieu of a sanction
To settle or resolve a sanction / action following an appeal
To draw attention to certain portions of the administrative rule
To establish the conditions under which the applicant / operator is certified
It is helpful if the conditions of the stipulation are discussed and agreed upon before delivery of the final version of a stipulation is delivered to the applicant/operator so the applicant/operator is fully aware of the conditions contained in the agreement. The applicant/operator may either sign the stipulation, signifying agreement with the conditions or refuse to sign the stipulation, indicating an unwillingness to comply with the stipulation.
If there is a violation of the stipulation, a sanction, including denial or revocation may result. Although a stipulation is not subject to appeal under Chapter 68, if an applicant / operator disagrees, refuses to sign the stipulation or does not return the signed stipulation by the deadline given, a written notice of denial / revocation / suspension may be appropriate. The subsequent written notice shall include information about the applicant / operator’s right to appeal the sanction and the agency’s appeal process.
If / when the “fit” determination and background check screening does not warrant a denial or revocation of certification for lesser crimes / acts / offenses or a history of violations, the certification worker can attach a condition or stipulation to an operator’s certification. Such precautionary measures may include, but are not limited to:
Conditions that must be met for certification to be attained / maintained. These conditions can cover prohibitions on specific activities, no repeat of crimes, offenses, or acts, submission of necessary and relevant statements from therapists or counselors as to the applicant’s being fit and qualified for the function or job at hand, or set limits on contact or supervised contact with children in care.
Closer or special supervision arrangements
Prior evaluation and recommendations from appropriate professionals (psychiatrists, psychologists, etc.).
Restrictions to certain on-premises activities, locations, or time periods.
Not transporting children in care
Periodic alcohol and / or drug testing
Note: Although certification workers may impose a stipulation on the certification, the certification worker does not have authority to disregard the Background Check Law. Stipulations cannot violate or contradict the law. For example: A stipulation cannot allow a non-client resident with a barred offense and who has received an ineligible notice from DCF CBU to reside at the certified home.
Additional Examples
There may also be stipulations associated with the premises or number of children in care. For example, if there is an outdoor hazard on or near the premises, a stipulation may spell out extra precautions that must be put in place to address the physical hazard on or near the property, above and beyond the administrative rule to ensure the safety of the premises. If there is a concern regarding the amount of space or furnishings available a stipulation may be used to limit the number of children in a family child care setting.
The Certification SharePoint site has a sample stipulation template available for certification workers to use. It is recommended certification workers consult with their corporation counsel in developing such a legal agreement.
The stipulation may be sent certified mail, regular mail, electronic mail or delivered in person. The stipulation is effective only if the applicant/operator returns the signed copy.
This page last updated 12/13/2018.