Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
The determination that an applicant should be denied licensure or certification, or have a license or certificate revoked is made in consultation with and approved by the CBU supervisor and the BECR regional licensing manager/licensing supervisor. The BECR Operations Section Manager (or a CBU supervisor acting as the BECR Operations Section Manager’s designee) must also approve all denials and revocations, unless the action is required by statute and not subject to discretion on the part of CBU. For example, when an applicant has been convicted of a serious crime that bars the individual from owning a regulated child care facility, the denial is required by the background check law and would not require the prior approval of the BECR Operations Section Manager. The CBU supervisor should alert the Office of Legal Counsel of a denial if an appeal is likely.
The CBU drafts and issues the Notice of Denial or Notice of Revocation, using the standardized formats available on the BECR Intranet. The standardized formats for denial and revocation contain the statutorily required notice language. However, the unique case detail must be added. It is critical that the reasons are clearly articulated, that all relevant statute and/or rule citations are identified, and that all facts related to the reasons for the denial or revocation are accurately and concisely documented. If appropriate, the notice includes the language applicable to Wis. Admin. Code § DCF 13 related-denials and revocations, providing information on rehabilitation review. The CBU supervisor ensures that the notice is properly drafted and may request to have it reviewed by the OLC attorney before signing the final document. The original is then sent to the applicant, licensee or operator through certified and regular US mail.
As soon as the notice is finalized and sent, the denial or revocation is entered into the Enforcement module in WISCCRS. See the WISCCRS User Guide - Enforcements for more information on documenting the revocation or denial in WISCCRS. The action is coded in WISCCRS with the drop-down value that mirrors the reason for the action. If a child abuse and neglect investigation finding is the basis of the revocation, all child protective service reports are uploaded in the Confidential Documents section in WISCCRS.
The BECR regional licensing office is responsible for processing applications for licensure and making “fit and qualified” determinations related to the license application. If the CBU issues an approval for the background check determination, the regional office may choose to deny an application for licensure or revoke a license if licensing staff determine the applicant is not “fit and qualified”.
For more information on application denial and license revocation, see the Denial and Revocation procedure chapters in the Enforcement Action section of this manual.
This page last updated 04/2021.