Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
The background check law requires the CBU to make “every reasonable effort” to obtain copies of the criminal complaint and judgment when making a substantially related determination. The CBU contacts the Clerk of Courts to obtain copies of the documents when the Background Check Request form or criminal history results indicate that an individual has been convicted of any of the following crimes within the last five years (from the date the information is obtained):
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)
When the original charges are plea-bargained down to one of the crimes listed above, the nature of the person’s behavior as well as the circumstances of the arrest and conviction must be considered. If a person was originally charged with one of the above crimes, but through plea bargaining the actual conviction is for a different crime not on this list, a determination of substantial relationship can still be made.
Additional offenses that may potentially relate to the care of children or the business aspects of the child care operation must also be reviewed. Wis. Admin. Code §§ DCF 250, 251, 252 and 202 give BECR or the certification agency authority to deny or revoke licensure or certification if an individual has a pending charge or a conviction of a felony, misdemeanor or other offense that substantially relates to care of children or the activities of the program. Under Wis. Admin. Code §§ DCF 250, 251 and 252, additional offenses that potentially substantially relate to the child care business are much broader than the ones listed in the background check law.
All offenses committed by an applicant or licensee that include violence, weapons, property related offenses, intimidation of victims, domestic abuse and illegal drugs should be reviewed by the CBU for licensing under “fit and qualified” and by the certification agency under “fit” to determine if the offenses relate to the care of children and activities of the program. Offenses committed by a household member that are not barred but are of concern in relation to the care of children and activities of the program may be used in denying regulatory approval. For example, permitting a household member with certain offenses to reside in the home may reflect irresponsible and unsound judgement on the part of the applicant and lead to license or certification denial based on a “fit and qualified” or “fit” determination.
Note: Background Check Analysis Summary documents must be reviewed by certification agencies in the balance of the state to inform agency “fit” determinations and regulatory approval.
This page last updated 10/2019.