Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
In accordance with DCF 202.06(6) if a certification agency denies, suspends, revokes or refuses to renew certification, the agency shall notify the child care applicant / operator in writing. This action is reviewable pursuant to ch. 68, Stats., which provides for an administrative review of the decisions of local agencies. Requirements for appeals to the department (Milwaukee Certification) are outlined ch. 227.
An agency shall, in any sanction/enforcement letter, provide information about the applicant / operator’s right to appeal and the agency’s appeal process. Certification workers are advised to consult with their corporation counsel to determine, if not known, the agency’s administrative review / appeal process. The state and county/tribal contract Scope of Services states that for legal proceedings, the county / tribe shall provide corporation counsel legal representation at Chapter 68 hearings for agency actions taken under Wis. Stat. § 49.155 or DCF 201 or DCF 202, as needed.
It is important for certification workers to maintain accurate, up to date, objective records / documents related to the sanction/enforcement as they may become important reference documents in preparing for the administrative hearing.
Once a certified operator submits a request for an appeal / review of revocation or suspension the certification worker must modify the category in WISCCRS to the appropriate appealed status: ‘Revocation Appealed’ or “Certification Suspended – Appeal Received.” For appeals of revocation (not suspension appeals) the certification worker must modify the “end date” to the date that was there prior to the sanction/enforcement. Once the result of the administrative review / hearing has been received, the applicant / operator’s category status must be modified again in WISCCRS. This is especially important when the sanction is due to a barred offense by the operator/applicant that will transfer to the IBIS record.
The certification worker shall also use the Enforcements Module to track details regarding the appeal and decision/outcome. The module includes a check box to indicate an appeal request has been received, date of hearing, decision and decision date. Certification workers can add comments in the Enforcement module if the agency provides a two-step appeal process as outlined in sections 10.3.1 and 10.3.2. See example below:
Remember to add the “closed date” when the appeal time line has been exhausted or final decision is made. If the closed date is not entered the enforcement will continue to appear on the Open Enforcements Webi Report.
See WISCCRS User Guide – Enforcements for more detailed information. Also see the WISCCRS User Guide – Changes for step by step instructions for revocations / suspensions and see the WISCCRS User Guide – Creating New Provider Records if a new / initial or recertification application has been denied.
See Section 10.4 regarding notice to the department for additional guidance.
10.3 Certification Appeals Process
10.3.1 Initial Review of Documentation
10.4 Notice to the Department - Appeals Request & Decision
10.5 Payment During the Review / Appeal Process
10.6 When Certification Expires During a Pending Appeal
10.7 When Agency Decision Reversed
10.7.4 Issuance of Noncompliance Statement with Sanction
10.8 Review / Appeal Flowchart
This page last updated 01/2020.