Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Background Check Procedures

5.5.2 When a Licensee or Operator has an Employee with Pending Charges of a Serious Crime

The background check law states that if a potential employee or applicant for employment has a pending charge for a serious crime (not substantially related) on the Barred Offenses Table, the entity may not employ the person. If an existing employee is charged for a crime on the Barred Offenses Table, the employment must be immediately suspended unless the licensee or operator can demonstrate that the employee is not working in the center until the outcome or disposition is known.

If the pending charge results in a conviction for an offense on the Barred Offenses Table and the individual is working as a caregiver or non-caregiver employee, the provider must demonstrate to BECR how they are complying with the background check law or BECR or the certification agency may revoke the license or certification. The licensee or operator may demonstrate compliance through various methods, such as terminating the employee or establishing procedures to ensure the individual is not a caregiver and does not have unrestricted access to children in care.

BECR or certification agencies should not direct child care programs to terminate or suspend employees. However, BECR and certification agencies have authority to initiate an enforcement action or stipulation to address a situation in which the licensee or operator is in violation of the background check law. Certification agencies and BECR may impose sanctions and penalties that range from issuing a noncompliance statement and/or an enforcement action up to and including revocation.

This page last updated 10/2019.