Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
If the criminal history record search reveals a conviction or a pending charge for a serious crime specified under Wis. Stat. 48.686(1)(c) on the Barred Offenses Table, a preliminary ineligible determination is made in accordance with the “Action Key” on the Barred Offenses Table and regulatory approval may not be granted if the subject is the applicant, licensee, certified operator or household member. The CBU staff then collects the necessary verification and makes a final determination. Convictions of other, non-serious crimes on the Barred Offenses Table necessitate an investigation to determine whether a substantial relationship exists before an ineligible decision can be made and the preliminary decision may be eligible until the analysis is complete.
When an applicant, licensee, certified operator or household member is barred and has not received the appropriate rehabilitation review approval (if applicable), the CBU must issue a final ineligibility determination notice and the certification agency or the CBU, in consultation with the BECR regional licensing staff, must deny the application or revoke regulatory approval under Wis. Stat. § 48.686(4m). The law prohibits licensure or certification of the applicant, licensee or operator, or a household member from residing on the premises of a facility, when the Department or certification agency knows, or should have known:
That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a child care center or for initial certification under Wis. Stat. § 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under Wis. Stat. § 120.13 (14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 10th birthday for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday. Serious crimes are listed under Wis. Stat. § 48.686(1)(c).
A unit of government or a state agency, as defined in Wis. Stat. § 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
That a final determination has been made under Wis. Stat. § 48.981 (3) (c) 5m, alternatively, if a contested case hearing is held on such a determination, a final decision has been made under Wis. Stat. § 48.981 (3) (c) 5p, that the person has abused or neglected a child.
That, in the case of a position for which the person must be credentialed by Department of Safety and Professional Services, the person’s credential is not current or is limited to restrict the person from providing adequate care to a client.
Under these circumstances, the basis for the license application denial or revocation is Wis. Stat. §§ 48.68(1), 48.715(3), (5), (6), (7) and 48.686(4m) or (5m), and Wis. Admin. Code §§ 250.11, 251.11 and 252.05. The basis for a certification application denial or revocation is Wis. Stat. §§ 48.686(4m) or (5m) and Wis. Admin Code § DCF 202.
With licensed providers and Milwaukee County certified providers, the CBU issues the background check ineligibility notice and the application denial or revocation notices that are the result of ineligible background check determinations. CBU staff will use the appropriate standardized format from the BECR Intranet (Notice of Denial or Notice of Revocation). If appropriate, the standardized format includes the language applicable to Wis. Admin. Code § DCF 13 related-denials or revocations that provides information on rehabilitation review.
For certified providers in the balance of the state, while the CBU issues the background check ineligibility notices for certification, the certification agency drafts the notice of denial or revocation, citing the relevant statutory requirements and administrative code. Note: It is recommended that the certification agency withhold issuing an application denial notice until the appeal time line for the background check determination has been exhausted.
When a resident is barred due to a substantiated finding of abuse or neglect of a child, confidential information may not be disclosed in the ineligibility notice or the enforcement action. In this situation, the following language may be used to communicate such a finding without disclosing confidential information:
“Wisconsin Statute 48.686, Criminal History and Child Abuse Record Search, identifies certain crimes, acts or offenses that prohibit individuals from holding a license issued by the Department of Children and Families, being employed or residing at a certified program unless the person demonstrates to the satisfaction of the designated regulatory agency that he or she is rehabilitated and is not likely to repeat the conduct that led to the criminal conviction or other offense. It has come to our attention that, NAME, has such an offense or conviction that bars residence in licensed or certified care unless rehabilitation is demonstrated. NAME should contact the CBU directly for further information as to the specific offense or conviction.”
5.4.1 When the Barred Household Member Moves Out of the Facility
5.4.2 When an Individual is Granted an Expungement for a Barred Offense Conviction Under s. 973.015
This page last updated 04/2023.