Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
Wisc. Stats. 48.651(3)
(a) If a person subject to a background check under s. 48.686(2) who operates, works at, or resides at a child care provider certified under sub. (1) is convicted or adjudicated delinquent for committing a serious crime, as defined in s. 48.686(1)(c), or if the department provides written notice of a decision under s. 48.686(4p) that the person is ineligible to operate, work at, or reside at the child care provider, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall revoke the certification of the child care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.
(b) If a person subject to a background check under s. 48.686(2) who operates, works at, or resides at a child care provider certified under sub. (1) is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall immediately suspend the certification of the child care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to operate, work at, or reside at the child care provider.
DCF 202.06(3) A certification agency shall suspend certification if the operator, or other individual subject to the child care background check, is the subject of a pending charge for a serious crime under s. 48.686(1)(c), Stats.
The certification worker must, in accordance with DCF 202.06(3), and s. 48.686, initiate a suspension when the operator or another person subject to the background check law has a pending charge of a serious crime.
The Department’s CBU will issue the final background check eligibility determination notices.
When the background check results indicate an applicant, 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).
Although a pending CPS investigation cannot be used to bar (or suspend) an individual in accordance with the background check law, it may the basis for a suspension (or other sanction) citing DCF 202.06.
If the person has a pending charge for an offense that potentially substantially relates to care of children or activities of the program, the agency may initiate suspension based on DCF 202.06(1i).
Certification rules restrict the suspension to 60 days for violations of DCF 202. State statute, however, supersedes the administrative rule. When the basis for the suspension is the background check law s. 48.686 and due to a pending charge(s) on the serious crimes table, the certification agency shall suspend the certification of the child care operator until the agency obtains information regarding the final disposition of the charge / offense, or delinquency petition indicating that the person is not ineligible to be certified. When the basis for the suspension is DCF 202, however, it shall be limited to 60 days.
See Section 3.7 for more information regarding temporary closure pending the results of an investigation.
This page last updated 01/2020