Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
The Department’s CBU will conduct all background checks and issue the final background check eligibility determination notices.
When the background check results indicate an applicant, licensee, operator or household member is barred and has not received the appropriate rehabilitation review approval (if applicable), the CBU will issue an ineligibility determination notice. A detailed notice outlining the basis for the ineligible determination is drafted by the CBU and sent to the individual. A system-generated general notice is sent to the applicant, licensee or operator. If the individual receives a final ineligibility determination, the person may not reside or work in the child care program.
In accordance with Wis. Stats. § 48.686(4s), an individual who is the subject of the department's background check determination may appeal the department's final eligibility determination.
Only the person who is the subject of the department's determination may appeal the department's decision. The appeal and reconsideration process contained in the statute is the exclusive method for disputing a background check determination issued by the department.
If an individual received preliminary approval to begin residing or working under supervision but is later denied in the final determination, the individual may not continue to reside or work under supervision pending the appeal.
While the CBU is responsible for issuing background check eligibility notices, the certification agency remains responsible for issuing enforcements related to background check results. All certification agency enforcement notices must include appeal rights; however, the agency could file a summary judgment motion to dismiss for appeals based solely on the department’s background check eligibility determination. Certification agency attorneys and county corporation counsel may contact DCF’s Office of Legal Counsel for technical assistance, if needed (608-422-7047).
Even when an applicant / operator is denied, suspended or revoked due to the Background Check Law, the operator has the right to appeal the decision. The operator has the right to appeal even if s/he or another individual subject to the Background Check Law has a barred offense; however, the hearing examiner does not have the authority to contravene the Background Check Law.
This page last updated 01/2020.