Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
An individual who is determined by the CBU to be ineligible for regulatory approval, or to work or reside at a child care center has the right to appeal the action through an administrative hearing. The CBU is required by Wis. Stat. § 48.686(4p) to provide written notice of the grounds for the ineligibility determination and an explanation of the process for appealing the action. Under Wis. Stat. § 48.686(4s), any person aggrieved by the action taken under Wis. Stat. § 48.686(4m) may appeal the decision.
Under Wis. Stat. § 48.686(4s), the ineligible determination must be appealed within 10 calendar days from the date of the Ineligible Determination by submitting a request for a Division of Early Care Education (DECE) review to the Caregiver Background Check Unit (CBU). A copy of the Petition for Appeal of Ineligibility Determination (form number DCF-F-5331-E) must be submitted along with a copy of the Ineligibility notice. A DECE representative will review the background check and make a decision. If the original ineligible determination is upheld, then the individual will be notified of the decision and their appeal rights.
The individual must appeal the DECE review decision within 30 calendar days from the date of decision by submitting a request for DCF Secretary’s designee review to the DCF Office of Legal Counsel (OLC). The Secretary’s designee will review the background check and make a decision. If the DECE review decision is upheld, then the individual will be notified of the decision and their appeal rights. This denial is the final decision of the department and the individual has a right to a contested case hearing under Wis Stat. § 227.
More information about the appeal process can be found on the DCF website, on the Appeal Process for Child Care Background Check Decisions page.
This page last updated 04/2021.