Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
A conviction or finding for a serious offense on the Barred Offenses Table or a comparable crime or offense from another state or jurisdiction bars employment, regulatory approval and household member residency. Certain non-serious offenses on the Barred Offenses Table identify an action that reads: “If substantially related may be denied.” Effective 3/5/2020, no action will be taken on substantially related offenses for employees/HHM’s until 48.686(5m) can be amended in the next budget per office of legal counsel.
Under Wis. Stat. § 48.686(5m), certain offenses identified in the Barred Offenses table require a substantially-related analysis. The purpose of the substantially-related analysis is to determine whether a crime, that is not a serious crime under Wis. Stat. § 48.686(1)(c), is substantially related to the care of children or the activities of the child care program. (See Wis. Admin. Code § DCF 13.05.)
For licensure or certification, if a conviction is not a serious crime as defined in Wis. Stat. § 48.686(1)(c), but is, in the estimation of the CBU, substantially related to the care of children, a person may be determined “ineligible” and denied.
Offenses requiring an investigation and determination include the following if committed within the previous 5 years:
Misdemeanor battery (Wis. Stat. § 940.19(1))
Battery to an unborn child (Wis. Stat. § 940.195)
Battery, special circumstances (Wis. Stat. § 940.20)
Reckless endangerment (Wis. Stat. § 941.30)
Invasion of privacy (Wis. Stat. § 942.08)
Disorderly conduct (Wis. Stat. § 947.01)
Harassment (Wis. Stat. § 947.013)
If a conviction was within the last five years, the CBU contacts the clerk of court to obtain copies of the criminal complaint and judgement of conviction and other necessary documents to determine whether the offense is substantially related to the care of children or the activities of the child care program.
The substantially related investigation is documented on the Background Check Analysis Summary (BCAS) section in WISCCRS Individuals Module. When a determination has been made that an offense is substantially related, a determination of substantial relationship can have the same effect as a bar and employment, regulatory approval or household member residency is not permitted. Unlike a statutory bar, a finding of substantial relationship applies only to the particular certification, license, job or residency for which it was considered and determined.
The background check law does not require an investigation of all non-serious crimes for substantial relationship. The law mandates the CBU to conduct an investigation when a person has been convicted of specific non-serious crimes; however, additional offenses may be considered if they potentially relate to child care or activities of the program. The CBU may deny eligibility for employment or household member residency to persons who have been convicted of an offense that is not on the Barred Offenses Table. Also, BECR or a certification agency may refuse regulatory approval based on a “fit and qualified” determination of an application.
This page last updated 04/2021.