Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
A conviction of a serious crime or offense or a substantiated child abuse or neglect finding creates a bar under the background check law. A bar prohibits a person from regulation, employment or household member residency in child care. Under the background check law, the actual conviction, not the original charge or a pending charge, determines whether a person is barred.
The Barred Offenses Table includes four categories of serious crimes and offenses including:
Permanent Bar: The background check law includes offenses that permanently bar the person from regulatory approval, being a caregiver, non-caregiver employee/contractor or a resident in a child care setting. If the applicant/licensee/operator or household member has an offense in this category, regulatory approval may not be granted. If a prospective employee or current employee has an offense in this category, they are deemed ineligible and may not work in the child care program. Individuals with a permanently barred offense are not eligible for rehabilitation review.
Five-Year Bar Then Subject to Rehabilitation Approval: Any person with a conviction that results in a five-year bar after the completion of any sentence, including probation, parole, extended supervision or discharge by the Department of Corrections.
Bar Unless Rehabilitation Approval: The Barred Offenses Table includes offenses that bar the person indefinitely until the person has an approved rehabilitation review. See Wis. Admin. Code § DCF 13 and Module 7 for further information.
Bar for Licensee or Certified Operator: The Barred Offenses Table includes a category with a permanent bar if the person applying for regulatory approval (e.g., licensed or certified applicant or provider) committed the offense. These offenses are property related, thus causing the bar for the licensee or certified operator only. Individuals with an offense that permanently bars the person are not eligible to have the bar lifted by rehabilitation review.
When a bar exists due to CPS, the CBU must determine whether:
An appeal of the final determination of substantiated child abuse or neglect finding is pending with the county or tribe;
A rehabilitation review is pending;
Rehabilitation review approval was previously obtained specifically for the crime or the substantiated child abuse or neglect finding.
If none of these conditions applies, the CBU must issue an “ineligible” determination notice. If the ineligible determination pertains to the applicant or operator/provider, the certification agency must deny certification or the CBU issues the license denial, following consultation with the BECR regional licensing staff after the ineligibility determination appeal period has passed. If the ineligible determination pertains to the household member, the CBU may issue the license denial, following consultation with BECR regional licensing staff (See Module 6.), and the certification agency issues the appropriate enforcement based on the circumstances.
The licensee or operator must take action to ensure ineligible individuals are not working or volunteering in the child care program. Failure to comply with the restrictions in the background check law may result in a noncompliance statement and/or enforcement action including issuance of a revocation.
This page last updated 10/2019.