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

Bureau of Early Care Regulation

Child Care Background Check Procedures

 

 

5.6.3 Child Abuse or Neglect Substantiated Maltreater Not Named

Sometimes a CPS investigation involving a licensee or certified operator or household member will result in a substantiated child abuse or neglect finding, but the maltreater is not named. For example, some agencies have a policy of not naming juvenile maltreaters. This cannot be used to determine substantial relationship or a bar under the background check law, even when there is a strong likelihood that the maltreater is the licensee or operator, a household member, employee or a child in care. This can be used, in consultation with a CBU supervisor, with language from DCF 250 and 251 if it demonstrates a pattern of behavior with children not being safe under the care of an individual with several CPS substantiations. It may also be possible to address this situation through a stipulation or issuance of an enforcement action up to and including denial and revocation. For example, the regional licensing chief, a BECR supervisor or a certification worker may impose a stipulation on the applicant, licensee or operator rather than deny or revoke the license or certification by requiring the applicant, licensee or operator to prevent the likely maltreater from being on the center premises during hours when children in care are present.

 

This page last updated 10/2019.