Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
As outlined in Section 1, Overview, enforcements are actions taken by the certification agency. Certification workers may consider any action by the applicant, an employee of the applicant, or a household member that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety and welfare of a child. In certain circumstances, the criminal history of the applicant, employee or household member may prohibit certification. Unless the enforcement is required by statute and not subject to discretion, certification workers may choose to consult with their supervisors or their corporation counsel before taking an enforcement action.
With multiple agencies administering certification, it can be challenging to ensure fairness and consistency within the administrative enforcement process for DCF 202 violations. When considering whether or not to take enforcement action, a certification worker must consider several factors, most importantly, the health, safety and welfare of children. Additionally, enforcements have the potential to impact a provider’s participation in various programs meant to support the early care and education community.
The guidance below is intended to help certification workers consider factors that may warrant enforcement action.
Under DCF 202.06 (1) A certification agency may deny, suspend, revoke, refuse to renew certification, issue a warning of enforcement, initiate other enforcement actions specified in this chapter, or place conditions on the certification.
There are numerous circumstances that may lead to a suspension, revocation or denial of recertification. For example:
An operator knowingly provides false information to the certification agency or fails to report required information.
The certification worker learns of a direct threat to the welfare of children in care through a complaint investigation or is notified by a county protective services worker of a pending investigation of alleged child abuse or neglect.
Continued or resumed noncompliance with certification standards.
Making the decision to temporarily suspend a certification is typically made when
the statute and/or rule violation is serious enough to require immediate correction
the noncompliance poses a threat to the health, safety and welfare of children and care
there is a reasonable expectation that the correction can and will be achieved within 60 days
In accordance with DCF 202.06(7)(b) the certification worker may issue a warning of suspension or warning of revocation.
A warning letter is a special tool that was developed to:
Increase the impact of a Noncompliance Statement and Correction Plan (CFS-294), or
Report to an operator that telephone service to the home is unavailable and the consequences if the service is not restored, or
Inform the operator about a number of failed attempts to gain entrance to the home for on-site monitoring and the consequences should monitoring not be allowed, or
Address other unique circumstances.
A warning letter is most often used to call the provider’s attention to reoccurring, uncorrected and serious violations of the administrative rule. It serves as notice to a certified operator that the certification agency may take the significant step of issuing an enforcement action if the operator fails to address the concerns described in the warning letter.
However, a warning letter is not required if/when a suspension/revocation enforcement action is the more appropriate action, depending on the circumstances. When serious statutory and/or rule violations signal that a revocation/suspension may be necessary, the certification worker may take initiate revocation or suspension.
A warning letter should indicate the time frame or deadline with which the operator must comply / correct the violation(s) before action to revoke or suspend certification is taken.
If the warning letter
does not bring about compliance, the certification worker may initiate
enforcement action. However, there may be many factors which impact the
decision whether or not to move to more serious enforcement (suspension/revocation),
such as the following:
The provider’s previous compliance history has been satisfactory and based on previous experience with the certified operator, it is likely that compliance will eventually be achieved;
The recent violations that necessitated the warning letter do not appear to be part of an ongoing pattern of the operator;
The provider appears to be making progress toward correcting one or more of the violations but has not yet accomplished what is required to verify correction of all violations;
There are extenuating circumstances, such as an illness, preventing the operator from addressing the violations.
Ultimately, the issuance of two or more warning letters without results suggests that the next step, enforcement action may be appropriate.
A revocation or suspension may not always be warranted for minor violations that are not related to the health, safety or welfare of children in care. Ultimately certification workers have authority to make decisions regarding enforcements. When taking any enforcement action, certification workers make careful and fair consideration of the facts and/or issues of concern and determine if alternative means (like a warning letter and/or technical assistance) may be appropriate to assist the provider in coming into and maintaining compliance, particularly when the violation does not pose a threat to the safety or welfare of children in care.
This page last updated 12/2025.