Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
A special inspection warrant is authorized by Wis. Stat. § 66.0119, which provides for inspection of premises for health and safety and is a legal means for a licensing specialist to gain entry to the center where entry has been denied. Wis. Stat. § 48.74, provides for the investigation of alleged violations of any provisions of Wis. Stat. § 48.65 which governs licensing for child care centers. This refers to the limit on numbers of children authorized for care in a licensed facility. If BECR determines that a facility is violating any provisions of the specified sections, including caring for a number of children requiring a license, under Wis. Stat. § 48.74 the department has authority “to inspect the premises where a violation is alleged to occur….” These provisions are spelled out in the Warrant Special Inspection standardized format located on the BECR Intranet.
With the licensing manager/licensing supervisor’s concurrence, the licensing specialist drafts the two documents necessary to obtain a special inspection warrant. The two documents are:
The affidavit, which is a document that describes to the appropriate county circuit court why a special inspection warrant is needed; and
The warrant, which is a document signed by a circuit court judge that orders the licensing specialist to make an inspection of the premises. This document is delivered at the center, usually with the assistance of a local law enforcement officer, and the licensing specialist then proceeds with the center inspection.
The licensing specialist drafts the Warrant Special Inspection form with the reason why the licensing specialist must inspect the center (the complaint) and a description of the failed attempt to do so. The affidavit must be signed by the licensing specialist in the presence of a notary public. The licensing specialist can have court personnel notarize their signature on the affidavit when delivering the document to the county court that serves the center in question.
The licensing specialist must take the affidavit and warrant to the appropriate county circuit court. A judge or court commissioner must sign the special inspection warrant. The licensing specialist may want to call ahead and speak to the judge’s secretary to explain what is needed. If a judge is not available, the judge’s office will find a court commissioner to sign the warrant.
The licensing specialist then contacts local law enforcement and arranges for assistance in serving the warrant. When at the center, the licensing specialist or the police officer delivers the original copy of the warrant, but not the affidavit, to the person who answers the door. The licensing specialist, with the assistance of the police officer, who can function as a witness, then proceeds with the inspection. Should the entry still be denied, the licensing specialist must inform the licensing manager/licensing supervisor who will discuss the case with the Office of Legal Counsel to determine next steps.
This page last updated 10/2021.