Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
While the CBU is responsible for issuing background check eligibility notices, the certification agency remains responsible for issuing enforcements related to background check results. All certification agency enforcement notices must include appeal rights; however, the agency could file a summary judgment motion to dismiss for appeals based solely on the department’s background check eligibility determination. Certification agency attorneys and county corporation counsel may contact DCF’s Office of Legal Counsel for technical assistance, if needed (608-422-7047).
Certification agencies are responsible for processing applications for certification, making “fit” determinations under Wis. Admin. Code § DCF 202.04(3)(e), and granting or denying regulatory approval. When the CBU issues a final eligibility determination, the certification agency may choose to deny an application for certification or recertification if the agency determines the applicant is not “fit” or if any of the matters under Wis. Admin. Code § DCF 202.06(1) apply. Certification agencies continue to have authority to issue non-background check-related enforcements under Wis. Admin. Code § DCF 202. All certification enforcements, even those due to DCF’s background check ineligible determination, are appealable under Chapter 68 for balance of state counties, tribes and subcontracted agencies.
This page last updated 12/2018.