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

Bureau of Early Care Regulation

Child Care Licensing Procedure Manual

Table of Contents - Complaint Investigation - Unlicensed Facilities

Procedures

1. Complaint/Complainant Defined

1.1 Complaint Defined

1.2 Complainant Defined

2. Complaint Intake

2.1 Receiving Complaints by Telephone or in Person

2.1.1 Receiving Anonymous Complaints by Telephone or in Person

2.2 Receiving Written Complaints

2.3 Determining Current License and/or Certification Status and Provider History

2.3.1 Searching WISCCRS for Current License Status and History

2.3.1.1 If the Provider is Currently Licensed

2.3.1.2 If the Provider has BECR History

2.3.1.3 If there are Previous Referrals to a Certifying Agency

2.3.2 If the Provider is Currently Certified

2.4 How to Proceed with the Investigation Based on WISCCRS Search Results

2.4.1 There is NO History with BECR and the Provider is NOT Certified

2.4.1.1 If the Provider’s Certification was Revoked Due to a Licensable Number of Children in Care

2.4.1.2 If there has been a Previous Referral to the Certifying Agency Regarding this Currently Uncertified Provider

2.4.2 There is History with BECR and the Provider is NOT Certified

2.4.3 There is History with BECR and the Provider IS Currently Certified

2.4.4 There is NO History with BECR and the Provider IS Currently Certified - Refer Complaint to the Certifying Agency for Investigation

2.4.4.1 If there has been Previous Referral to the Certifying Agency Regarding a Currently Certified Provider

2.5 Immediately Notifying the Licensing Manager/Licensing Supervisor of a Serious Complaint

2.6 Deciding How to Conduct the Complaint Investigation – Mail or On-Site

2.6.1 When to Investigate the Complaint by Mail

2.6.2 When to Investigate the Complaint On-Site

3. Complaint Investigation by Mail

3.1 Sending the DC-1 Letter/CFS-856

3.1.1 When the DC-1 Letter/CFS-856 is Returned by the U.S. Postal Service

3.1.2 When the Provider Does Not Return the CFS-856

3.1.3 When the Returned CFS-856 is Incomplete and/or Contains Inconsistencies

3.2. BECR Response to Information Provided on the CFS-856

3.2.1 Provider is Operating Legally and Does Not Want a License (Checked Box 1)

3.2.2 Provider is Operating Legally and Wants to Apply for a License (Checked Box 2)

3.2.3 Provider is Operating Illegally but Agrees to Reduce the Number of Children in Care and Does Not Want a License (Checked Box 3)

3.2.3.1 On-Site Visit to Verify the Number of Children in Care Has Been Reduced

3.2.4 Provider is Operating Illegally but Agrees to Reduce the Number of Children in Care and Wants to Apply for a License (Checked Box 4)

3.2.4.1 On-Site Visit to Verify the Number of Children in Care Has Been Reduced

4. On-Site Complaint Investigation

4.1 Conducting the On-Site Investigation

4.1.1 On-Site Investigation

4.2 Handling Provider Hostility

4.3 If Center Entry is Denied

4.3.1 Obtaining and Delivering the Special Inspection Warrant

4.4 Undetected Observation

4.5 Determining Compensation

5. Reaching a Finding Following an On-Site Investigation

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

7. Reporting Complaint Investigation Findings

7.1 Documenting the Investigation Findings

7.1.1 When the Investigation Was Completed by Mail

7.1.2 When the Investigation Involved an On-Site Visit

7.2 Guidelines for Describing Investigation Findings

7.3 Completing the Complaint Investigation Summary Letter-Informing the Provider/Complainant of the Investigation Findings

8. Record Keeping

9. Confidentiality of Investigation Findings

9.1 Fulfilling Public Information Requests

This page last updated 10/2021.