Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
Certification workers may, with the approval of their supervisors, take photographs during site visits to document and support their observations. Photographs, when deemed necessary, can be good primary evidence as they typically present an accurate, factual and objective record. There are also disadvantages and limitations of using photographs to document compliance. For example, a photograph can only document visible compliance or noncompliance with certification requirements. They cannot reflect the absence of some activity, object or person because whatever is absent could be just outside the camera’s field of vision. A digital image may also be altered in some way that may add misleading information to the image or loss of image detail that could lead to an erroneous interpretation.
The credibility of a digital image and acceptability in a hearing may depend on the ability of the photographer to authenticate the photograph. Is the photo a fair and accurate representation of what the certification worker saw?
Photographs should be labeled with the location, time and date taken and the name(s) of a person who is able to testify to that evidence. When a photograph is taken of a child(ren), the confidentiality of the child(ren) shall be maintained. To the extent possible, avoid photographing faces.
If photographs are taken during site visits, they must be maintained as part of the operator’s record. Photographs are subject to records retention and disposal requirements and must be retained in accordance with the requirements outlined in Module 10 - Certification Records.
Note: Certification agencies, in consultation with their own legal counsel, may establish specific policies / protocol pertaining to capturing, enhancing, processing, storing, printing, etc. of digital images.
This page last updated 01/2020.