Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
All investigative findings must be documented and closed out within 20 working days from completion of the investigation. Following completion of the complaint investigation, the licensing specialist must reach one of the following two possible findings for the alleged violation:
The complaint is substantiated: Based on the complaint investigation, a rule violation citing the provider for operating illegally will be issued.
The complaint is unsubstantiated: Based on the complaint investigation, a rule violation citing the provider for operating illegally will not be issued.
In order to reach a finding, the licensing specialist must organize and analyze the information and evidence collected during the investigation. The investigative information should be evaluated in a thorough and unbiased manner. Before reaching a finding that the complaint is substantiated, the licensing specialist must determine that the evidence meets the standard of proof.
The standard of proof that must be met before the licensing specialist can find that the provider was/is operating illegally is reasonable certainty. Reasonable certainty is defined as a preponderance of the credible evidence, generally assumed to be 51 percent certainty or better. While some amount of conflicting evidence may exist at the end of the investigation, the licensing specialist should believe that other reasonable, fair-minded people looking at all aspects of the collected evidence would conclude that more likely than not, the facts are the way the licensing specialist asserts.
Once the licensing specialist has reached a finding, the finding must be entered in WISCCRS. If the complaint is substantiated, the licensing specialist must determine the appropriate subsequent action to take. (See section 6.) If the complaint is determined to be unsubstantiated, the complaint investigation is closed and the record keeping is finalized.
This page last updated 10/2018.