Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
Conducting an unannounced center inspection is an essential component of the complaint investigation and most frequently the first investigative step. Only in rare instances, is the initial or subsequent center inspections by appointment rather than unannounced. It is often valuable for the licensing specialist to take a partner with on the site visit(s). This facilitates the collection of information, provides a built-in witness and, in the rare situations when necessary, increases safety. Occasionally, the licensing manager/licensing supervisor should be the second person involved.
Under Wis. Stat. § 48.73, the Department is given unrestricted access to the premises described in the license. It is very unusual for a licensing specialist to be denied entry although occasionally the licensee of a family child care may balk at allowing entry to parts of the premises not used for child care, for example, the licensee’s bedroom. If access is denied to the premises or any part of the premises where a violation is alleged to have occurred, the licensing specialist should discuss next steps with the licensing manager/licensing supervisor. The licensing manager/licensing supervisor may inform the provider of the statutory requirement to allow entry, or in rare instances, a special inspection warrant may be required. For information about special inspection warrants, see the section on Complaint Investigation - Unlicensed Facilities.
Occasionally, the center inspection may be delayed when the nature of the complaint suggests a better first step. For example, interviews with former staff members or parents might be a better first step in some cases. This will have been considered during development of the investigation plan.
During the center inspection, the licensing specialists should:
Make introductions and show ID, if necessary;
Inform the person in charge of the purpose of the inspection in general terms;
It is usually best to wait until after observations have occurred to discuss the complaint allegations. The conference regarding the allegations should be conducted privately. The CFS-321 form should not be shared with center staff or the licensee except through an open record request;
Protect the identity of the children identified in the complaint to the extent possible;
Not reveal the name of the complainant unless specific permission was given. Note: This information may be available to the licensee or others through discovery and open records law;
Be businesslike, yet empathetic;
Be objective, not judgmental;
Focus on complaint issues but be aware of other related or unrelated noncompliances;
Make observations and inspect the physical environment;
Interview all persons who may have something to contribute to the investigation; use active listening techniques and other interviewing skills; (See section 6.2.)
Collect physical evidence, make photocopies of records, and/or take photos in accordance with the investigation plan or as deemed necessary; (See section 6.3.)
Document all aspects of the investigation; (See section 6.3.)
Formally end the center inspection by:
Summarizing what occurred during the inspection;
Describing the investigative process;
Predict the investigation time frame;
Describe the possible outcomes of the investigation;
Describe how and when the findings will be communicated. If the investigation is final at this point and the outcome is known, the licensing specialist may inform the center of the finding and, as appropriate, indicate that there is a possibility that further enforcement action will be taken;
Express appreciation and leave a business card.
This page last updated 10/2020.