Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Licensing Procedure Manual

6. When the Complaint is Substantiated - Determining Subsequent Action (other than a substantiation by a provider's attestation on the Unlicensed Child Care Response form)

If the licensing specialist determines that a complaint alleging illegal care is substantiated, subsequent action must be taken. The licensing specialist must assess the situation and determine what action to take, which may include the following:

• An Order to Stop Operating (if the finding is the first offense);

• Forfeiture Assessment (for subsequent offenses), and

• Referral to the District Attorney’s office (done in conjunction with one of the above)

The following should be taken into consideration when determining next steps in addressing a provider operating illegally:

• Is there a history of this provider operating illegally?

• Was the provider aware of licensing rules and operating illegally in spite of that knowledge?

• Is it necessary to also make a referral for prosecution or requesting an injunction? (Note: An injunction is a court order prohibiting someone from a specific course of action, in this case, illegal operation.)

The licensing specialist must discuss the need for these serious actions with the licensing manager/licensing supervisor who must authorize them before they are undertaken.

6. When the Complaint is Substantiated – Determining Subsequent Action (other than a substantiation by a provider's attestation on the Unlicensed Child Care Response Form)

6.1 Issuing an Order to Stop Operating

6.1.1 Follow-Up On-Site Visit to Ensure Compliance with the Order

6.2 Issuing a Forfeiture

6.2.1.If the Forfeiture is Not Paid

6.3.Referral to the District Attorney

6.3.1 Prosecution

6.3.2 Injunction

This page last updated 10/2021.