Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Certification Policy Manual

 

 

    

3.4.2 Determination if an Applicant is "Fit" for Child Care (Initial and Recertification)

In accordance with DCF 202.04(4)(e), within 60 days after completion of a satisfactory determination that the applicant is fit and qualified and compliant with the standards in this chapter, the certification agency shall either approve the application and issue a certificate under sub. (5) (a) or (b) or deny the application is defined under DCF 202.02 and means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

 

  1. Results of the child care background check.

  2. Abuse of alcohol or drugs.

  3. A history of criminal, civil or other offenses, or administrative rule violations that are related to the care of children or clients or demonstrate an inability to manage the activities of a child care program.

  4. Exercise of unsound judgment.

  5. Compliance with the standards under DCF 202.

 

Considerations may include, but are not limited to, a long and / or recent history of financial problems including money judgments, evictions, etc. and / or individuals who have not followed the administrative rules / regulations while holding other licenses / certifications. Certification workers may view background check related documentation in WISCCRS or contact the DCF CBU if they have questions regarding a background check.

 

A history of civil or criminal offenses or any other actions that may not be a barred offense, but demonstrate an inability to manage the activities of a child care program.

 

Eviction history, for example, may be another example that demonstrates a person’s inability to manage finances and may be an indication that the applicant cannot provide a stable child care environment.

 

Continued certification requires an operator to remain “fit”. If an agency makes a determination that a denial or revocation is appropriate because an applicant / operator is not ‘fit’, the agency should use DCF 202.04(4)(e) as the basis for the denial / revocation (and the s. 48.686, if appropriate). However, as the administrative rule defines “fit”, the agency may also use the behavior that makes the person unfit as a basis for denial / revocation or other action under DCF 202.06.

 

Note: A disability such as blindness, hearing impairment or any other physically disabling condition that affects the operator/provider may not be the sole basis of the denial of certification. The ability of the person to provide care to the children and to comply with certification rules must be evaluated irrespective of the disability. See Certification Policy Module 6 – Supervision Standards for additional guidance.

 

Effective 10/1/18 the DCF Child Care Background Unit (CBU) began conducting background checks for child care certification in the balance of the state. The CBU reviews the results of the background check and makes eligibility determinations for applicants, household members and employees.

 

When the CBU has completed the background check investigation for certification applicants and has determined eligibility, the CBU will enter the date the determination was been made in WISCCRS using the “Date Applicant Determined Fit or Unfit” field. A date in this field signifies the CBU has finished the background check for the initial application.

 

Note: Effective February 2020 the CBU no longer conducts CPS checks in minor household members. Certification workers continue to collect BCR forms and enter minors in WISCCRS but the system will not require a background check for minor household members.

 

If it is determined the applicant or other household member is not eligible based on the background check results the CBU will leave the “Date Applicant Determined Fit or Unfit” field blank.

 

Certification workers will receive background check-related messages in their WISCCRS Dashboard and can view each individual’s background check preliminary and final status (eligible or ineligible) in the background check module using the Background Check link.

 

Certification workers may review DOJ results and the background check analysis to help inform “fit” decisions   Certifiers may also contact the CBU if they have questions regarding the eligibility determination.

 

DCF Child Care Background Unit:

Phone number: 608-422-7400

Fax number: 608-422-7155

Email address: DCFPlicBECRCBU@wisconsin.gov

 

Certification workers are still responsible for making fit determinations in accordance with DCF 202.04(4)(e) but will now use the application “Date of Decision” field in WISCCRS for initial applications, rather than the “fit/unfit” date.

 

See the Module 9 – Sanctions for additional guidance regarding denial, revocation and suspension of certification and other sanctions.

 

 

This page last updated 12/2022.