Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
The purpose of the on-site investigation of an alleged illegal family child care is to gather information needed to determine if the provider is caring for 4 or more children under age 7 who are unrelated to the provider for compensation. With a cooperative provider, the easiest way for the licensing specialist to gather the necessary information regarding children in care is to have the provider fill out and sign the CFS-856A. The licensing specialist may assist the provider in completing the form but the provider should be asked to sign it and affirm that the information is complete and accurate. When the provider is uncooperative, the licensing specialist should gather and record on the CFS-856A as much information as possible regarding the names of children present, the hours they attend and their ages, or apparent ages.
The licensing specialist should ask to see any existing records as it may be possible to obtain information about the numbers and ages of children in care from the records, if they are available. The licensing specialist should question any inconsistency between the records and what the provider indicates or the licensing specialist’s own observations.
The licensing specialist will need to obtain proof of compensation for the care of unrelated children (even though Wis. Admin. Code §§ DCF 250.11(1) and 251.11(1)(a) specifies that compensation is assumed when a provider is caring for a licensable number of children). Compensation may take many forms: cash/check, gift cards, in-kind services, bartering services for care, etc.
Instead of asking if the provider is paid, the licensing specialist can establish compensation by asking how the provider is compensated. For example, the licensing specialist might ask “How do parents pay you?”. The licensing specialist may ask to copy receipts or other documentation of compensation.
Whether the licensing specialist gains access to the premises or not, when it is not possible to obtain any or sufficient information on which to reach a finding, or when the provider’s truthfulness is questionable, the licensing specialist should discuss next steps with the licensing manager/licensing supervisor. For example, it may be necessary to contact the parents of children in care to verify compensation. (See section 4.5.) The advisability of undetected observation with the licensing manager/licensing supervisor also must be discussed and approved by the licensing manager/licensing supervisor. (See section 4.4.)
Unlicensed complaints regarding group child care and day camp are much less frequent than those involving family child care centers. The licensing specialist should work with the licensing manager/licensing supervisor when preparing for, and carrying out, such an investigation.
This page last updated 10/2021.