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

Bureau of Early Care Regulation

Child Care Certification Policy Manual

3.3 - Shared Regulatory Authority - Coordinating with Another Agency

When another agency is or has to be involved in the investigation of a complaint/incident, the certification worker may, or may not, participate in a joint investigation with the other agency.

In some situations, the complaint/incident may be investigated by the agency with primary jurisdiction over the issue of the complaint/incident and the certification worker waits for that agency to conclude its investigation before deciding what, if any, certification action to take. For example, a complaint alleging drug sales at a certified child care home should be referred to the appropriate law enforcement agency for investigation. The police report should be obtained (or approval from the police department to proceed) before the certification worker makes a decision on what, if any, further steps to take.

The following are examples of complaints that involve coordination with other agencies. The documents the certification worker should obtain from the other agency following its investigation are also listed.

• Allegations of Child Abuse or Neglect. Allegations of child abuse or neglect are referred to the appropriate county social/human services agency or other designated agency (i.e., law enforcement) for child abuse investigations under s. 48.981, Wis. Stats. The certification worker should contact the CPS agency to request a copy of the CPS intake form, investigative report and findings from the CPS agency and, when applicable, police reports.
  
  Note: s. 48.981(7)(a)9., Wis. Stats., provides authority for certification workers to receive these documents from the county child protective service agency. If the certification agency is experiencing difficulties obtaining records/information from the CPS unit it may be necessary for the subject of the report to sign a written release for the information to be provided for certification staff. Certification workers may also contact the DCF CBU for assistance.
  
  If it is determined the allegations and/or a pending CPS investigation warrants suspension of the certification, the basis for the suspension would be DCF 202 (not the background check law) and the decision to suspend must be given to the operator in writing. However, it is advisable that the certification worker coordinates and communicates not only with the DCF CBU, but  with the CPS unit to make sure an enforcement letter does not contain any information that can interfere with the pending CPS investigation.
  

• CPS Referrals and Subsequent Report to Certification by CPS:  If the referral to CPS results in CPS later contacting the certification agency to inform the agency that the referral has been screened-in and the certified operator (or other individual subject to the Background Check Law) is or will be under investigation, the call from CPS should also be entered as a second, related complaint. However, if the certified operator calls the certification worker to report s/he is under investigation by CPS this is a “self-report” and, therefore, should not be entered as a complaint in WISCCRS.
  

• Potential criminal activity (e.g. alleged drug trafficking) is referred to the local law enforcement authorities. The certification worker should request a copy of the police reports. If the certification worker needs to conduct a criminal background check as part of the complaint investigation the certification worker should contact the DCF CBU.
  

• USDA Food Program-related complaints are referred to the Department of Public Instruction (school age programs) or local CACFP Sponsor (family child care operators). The certification worker should request the results of the investigation and, if prosecution for fraud results, a copy of law enforcement records.
  

• Wisconsin Shares Program Integrity-related complaints should be referred to the local child care administrative agency but may also be referred to the Department of Children and Families Bureau of Child Care Subsidy Administration (BCCSA). The certification worker will most likely be involved in the investigation with the fraud unit, but should request the results of the investigation and, if prosecution for fraud results, a copy of law enforcement records.
  

• Fire safety concerns are referred to the local fire safety officials. The certification worker should request a copy of the findings, recommendations and actions.

There may be a combination of allegations, some of which are within the certification agency’s authority to investigate and some of which are not. In that case, the certification worker may proceed with an investigation of those allegations over which jurisdiction does exist but in coordination with the other agency. In situations where other agencies are involved in the investigation, the certification worker may have to wait for the other agency’s findings before developing his/her own investigation plan. This is especially true in cases of alleged child abuse or neglect or allegations of criminal activity.

This page last updated 08/2020.