Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
The licensing specialist has authority to enter both licensed and unlicensed facilities to conduct a complaint investigation. The Department has authority under Wis. Stat. § 48.74 to investigate unlicensed facilities regarding alleged violations of Wis. Stat. §§ 48.60, 48.62, 48.625 or 48.65, and to inspect the premises where the violation is alleged to occur. If access to the premises or to viewing center records is denied, the licensing specialist can obtain a special inspection warrant (see section 4.3). If the licensing specialist gains access, but the situation is dangerous, they should leave the premises immediately and consult with the licensing manager/licensing supervisor regarding next steps. Sometimes several visits must be made to conclude the investigation.
An unannounced center inspection for direct observation is generally essential to conclude the complaint investigation. In rare instances, the initial or subsequent center inspections will be by appointment rather than unannounced.
During the center inspection, the licensing specialist should:
Make introductions and show ID or present a business card;
Inform the person in charge of the purpose of the inspection;
Describe the statutory authority under which the inspection is being made;
Not reveal the name of the complainant unless specific permission was given and, to the extent possible, protect the identity of children identified in the complaint. (Note that this information may be available to the provider or others through discovery and public record law);
Be businesslike;
Expect and be prepared for some hostility (see section 4.2);
Make observations of the number of children on the premises that should include a thorough inspection of the entire home and premises, including outbuildings;
Request to see records when appropriate;
Interview all persons who may have something to contribute to the investigation;
Gather sufficient information to reach a finding regarding the allegation of illegal operation;
Obtain a completed and, if possible, signed CFS-856A;
Close the center inspection by:
Summarizing what occurred during the inspection;
Describing licensing requirements, if appropriate;
Describing licensing process, if appropriate;
Describing outcomes of continued illegal operation, if appropriate;
Answer questions;
Express appreciation and leave a business card, if not previously presented.
4.1. Conducting the On-Site Investigation
This page last updated 10/2021.