Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
Denial is a sanction/enforcement taken by the certification agency that prevents a new applicant, an applicant for recertification or a relocation applicant from being granted certification. The authority to deny certification is provided under DCF 202.06 and s. 48.686.
There are various grounds for denial of a new application, recertification application or relocation application, including those outlined in DCF 202.06 and s. 48.686. The decision to deny certification is based in part on the background check law and eligibility determination issued by the CBU and on the certification agency’s determination of whether or not the applicant meets certification requirements.
The Department’s CBU will issue the final background check eligibility determination notices.
When the background check results indicate an applicant 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 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.
The certification agency considers not only the CBU eligibility determination, but may consider any action by the applicant, an employee of the applicant, or a household member that constitutes a substantial failure to promote the health, safety and welfare of a child.
A denial may occur at one of three points in the certification process:
A denial may be issued when the initial application process is completed and the certification worker determines that, based on the materials and fees submitted, background check results and/or site visit, the applicant fails to meet the requirements for certification.
A denial may be issued at the point when the recertification application is submitted if the certification worker has determined that, based on the materials and fees submitted, background check results, compliance history and/or site visit, the applicant for recertification fails to meet minimal requirements for certification.
A denial may be issued at the point when an existing certified operator submits application materials for relocation if the certification worker has determined that, based on the materials and fees submitted, background check results, compliance history and/or site visit, the applicant for relocation fails to meet requirements for certification.
There are numerous circumstances that may lead to the denial of certification. For example:
Ineligible background check determination issued by the CBU for an applicant and/or household members.
The applicant knowingly provides false information in the application materials, such as not disclosing a criminal conviction or a resident in the home.
If the certification worker learns of a direct threat to the welfare of children in care through a complaint investigation or a county protective services worker informs the certification worker of a pending investigation of alleged child abuse or neglect.
Non-Compliance with certification standards
Additional guidance regarding the basis for and notice of denial of certification is provided below. The Enforcement Module in WISCCRS allows certification workers to “tag” the basis for the enforcement. See the Enforcement User Guide for additional detail.
2.2 Substantially Related Offenses
2.3 Incomplete Certification Application
2.4 Denial of Recertification Application
2.5 Denial Related to Violations of DCF 202
2.7 Withdrawal of Application in Lieu of Denial
2.8 Record Keeping & WISCCRS Coding
This page last updated 01/2020.