Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
Sometimes a complaint involves an issue that is within the jurisdiction of BECR, but also falls under the regulatory authority of another agency.
When an agency is involved in the investigation of a complaint, the licensing specialist may, or may not, participate in a joint investigation with the other agency. For example, when the complaint involves allegations of child abuse/neglect, the licensing specialist may, at the request of the protective service worker, participate directly with the protective service worker in the investigation. Sometimes the licensing specialist will conduct an independent investigation concurrently or subsequent to an investigation by child protective services before deciding what, if any, licensing action to take.
In some situations, the complaints may be investigated by the agency with primary jurisdiction over the issue of the complaint and the licensing specialist waits for that agency to conclude its investigation before deciding what, if any, licensing action to take. (For example, a complaint alleging drug sales at a child care center should be referred to the appropriate law enforcement agency for investigation. The police report should be obtained before the licensing specialist makes a decision on what, if any, further steps to take.) If a third party is investigating the incident, the licensing specialist usually waits for the other agency’s findings before developing an investigation plan. In the case of alleged child abuse or neglect, if a complaint is screened out by the child protective services agency and that agency does not conduct further investigation of an incident, their report regarding the incident is considered supplemental information to BECR’s own investigation of the complaint.
The licensing specialist should consult with the licensing manager/licensing supervisor for direction on how to proceed when an agency other than a certifying agency is, or has to be, involved in the investigation of a complaint. The licensing manager/licensing supervisor will also determine the appropriate next steps to take after receiving the findings/results of another agency’s investigation.
The following are examples of complaints that involve coordination with agencies other than a certifying agency. The documents the licensing specialist should obtain from the other agency following its investigation are also listed. These documents should be retained and uploaded with others related to the complaint in the facility file.
Allegations of child abuse or neglect are referred to the appropriate county social/human services agency, Division of Milwaukee Child Protective Services or other designated agency (i.e., law enforcement) for child abuse investigations under Wis. Stat. § 48.981. The licensing specialist may participate in aspects of the investigation at the request of the protective service worker or law enforcement agency. The licensing specialist should request a copy of the intake form, investigative report and findings. (Note: Wis. Stat. § 48.981(7)(a)9. provides authority for licensing staff to receive these documents from the county child protective service. The licensing specialist should immediately report difficulty in obtaining these documents to the licensing manager/licensing supervisor);
Potential criminal activity, for example, alleged drug trafficking, is referred to the local law enforcement authorities. The licensing specialist should request a copy of the police reports.
USDA Food Program-related complaints are referred to the Department of Public Instruction. The licensing specialist should request the results of the investigation and, if prosecution for fraud results, a copy of law enforcement records.
Department of Safety and Professional Services (DSPS) code violations are referred to DSPS. The licensing specialist should request a copy of the DSPS findings, recommendations and actions;
Fire safety concerns are referred to the local fire safety officials. The licensing specialist should request a copy of the findings, recommendations and actions.
This page last updated 10/2020.