Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
The background check law prohibits licensure when a license applicant or household member has a conviction for a crime that results in a permanent bar. Other convictions may result in a bar for five (5) years after the completion of any prison time, probation, parole or extended supervision and other convictions or findings by a governmental agency may result in a bar until the person has had rehabilitation review approval. Certain offenses may be considered substantially related to the care of children and may also prevent licensure.
The BECR Child Care Background Unit (CBU) is responsible for conducting the background checks on all licensed child care applicants, licensees, employees of a child care center, adult household members and minors aged 10-17 who reside in the center (if certain disclosures on the Background Check Request form require a background check).
The background check process begins when the applicant completes and submits the Background Check Request form (DCF-F-5296) to the CBU. Submittal of the completed Background Check Request form is necessary for the initial background check and for initiating the subsequent five-year fingerprint checks. The form serves as an initial screening tool to determine what type of background checks must be conducted in order for an individual to be granted licensure.
Applicants for licensure and their household members must complete all required components of the background check, including a fingerprint-based check, and receive preliminary and final eligibility approval from the CBU before licensure may be granted. The final background check eligibility determination may take up to 45 days from the background check request date and can take longer depending on whether the individual has resided out of state in the last five (5) years or if there are any records requiring further investigation. Once the CBU makes a fit determination based on the background check results, the determination date is entered into WISCCRS in the Date Applicant Determined Fit or Unfit field.
When an applicant or household member is determined ineligible due to barred offense(s), the CBU will issue a final ineligibility determination notice to the applicant. The CBU, with the approval of the CBU supervisor and the BECR regional licensing manager/licensing supervisor, will then deny the application, using the appropriate standardized format from the BECR Intranet (Notice of Denial). As soon as the notice is finalized and sent, the denial is entered into the Enforcement module in WISCCRS.
If the CBU issues a final eligibility determination notice based on the background check results, the regional licensing staff may still choose to deny an application for licensure if they determine the applicant is not “fit and qualified”. Convictions in the applicant’s history that are not included on the Barred Offenses Table may be considered by BECR regional licensing staff when making fit determinations for licensure. The overall history of civil or criminal violations or other offenses related to the care of children is reviewed to make a determination as to whether the person to be licensed is a responsible, mature individual who is fit and qualified for licensure. The definition of “fit and qualified” is located in Wis. Admin. Code § DCF 250.11(2)(c).
For more information on background checks, see the Child Care Background Check Procedure Manual.
This page last updated 10/2020.