Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
Occasionally, an operator may request to temporarily close or voluntarily withdraw their certification before the notice of suspension is sent in an attempt to negate the suspension.
When action to suspend certification is taken in accordance with DCF 202.06 it is assumed the suspension is due to noncompliance of certification rules or statutes that present a serious risk to the health and/or safety of children. In these cases the certification worker may choose not to allow an operator to temporarily close in order to avoid a suspension that is due to violations of DCF 202.
The certification worker may choose to allow or accept an operator’s plan of correction of temporary closure for violations pertaining to the premise. A temporary closure is an agreement between certified operator and the certification agency that sets forth specific terms and conditions for temporary closure of a certified program. There are two types of temporary closures.
When the operator needs to take a temporary break from providing care to children due to personal circumstances, such as a health condition or pregnancy, the operator contacts the certification worker and identifies the dates when the facility will be closed and the reason for closure. This information is then recorded in WISCCRS and documented in the operator’s file. It is best practice to draft a temporary closure notice, signed by both the operator and the certification worker.
The second type of temporary closure may be initiated by the certification worker. It is an agreement required of the operator by the certification agency specifying that the operator will temporarily close in lieu of the agency issuing a suspension. This closure agreement may be permitted/appropriate while an investigation is being conducted by law enforcement and/or child protective services that may implicate the operator, a household member or another caregiver. These closures usually involve allegations that there has been child abuse or neglect at the certified facility. But another example might be an operator who lives in an older home may, as part of his/her plan of correction, temporarily close in order to repair/renovate an area with chipping/peeling paint.
The operator signs an agreement that the child care program will be closed, that no children will be in care during the closure period, and that the program will not reopen until the certification worker allows it to reopen. The agreement is recorded in WISCCRS and it is best practice if a temporary closure notice/ agreement is also used. Without such an agreement, or in violation of the agreement, a suspension may be issued. This type of temporary closure is not an enforcement action subject to appeal.
If the basis for the suspension is due to the Background Check Law (e.g. pending charges on the serious crimes table) the certification agency may give the operator the option to “temporarily close” pending the outcome of the charge. Temporary closure means the child care is closed and no care is being provided. The certification worker also has authority to suspend certification (rather than allow a temporary closure) when there are pending charges on the serious crimes table.
A Temporarily Closure Notice template is available on the Certification SharePoint site, however, certification agencies are not required to use the template and may develop their own temporarily closure document / agreement. It is advisable to add language to the notice / agreement regarding the conditions and length of time under which the operator may remain in temporary closed status. The temporary closure notice serves as an agreement and ensures that no children are in care until the conclusion of the investigation and/or reinstatement of the certification. There is also an optional template letter/notice of “permit to reopen” certification workers may choose to use.
If the operator agrees to temporarily close she/he is not eligible to appeal, as this is a voluntary agreement between the operator and the certification agency. If the operator does not wish to close temporarily, a suspension may be warranted.
3.7.1 When Certification Expires During Temporary Closed Status
This page last updated 09/2021.