Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
Licensing staff are required to inform the BECR director of every death of a child in care reported to the regional office. Though rare, information about deaths that occur in licensed centers assist BECR in identifying program improvements that can be taken to reduce risk or prevent the possibility of future deaths resulting from similar circumstances.
When a self-report involves the death of a child in care from any cause, the person receiving the call must immediately inform the appropriate licensing specialist. If the licensing specialist is unavailable, the person receiving the call should inform the regional licensing manager/licensing supervisor. Upon receipt of a death report from a center, the licensing specialist must immediately notify the licensing manager/licensing supervisor. If the licensing manager and the licensing supervisor are unavailable, the licensing specialist should discuss the death report with another regional licensing manager. The licensing manager/licensing supervisor must gather all information known about the death of a child in care and immediately report the death to the BECR director and the DCF Communications Office.
In addition to immediately notifying the licensing manager/licensing supervisor and the BECR director, the licensing specialist must develop, in consultation with the licensing manager/licensing supervisor, an initial response to the report of a death of a child no later than the next day after the regional office receives the information. If the death is reported on a Friday or before a holiday, the licensing manager/licensing supervisor must determine the appropriate response to take, often with the input of the BECR director and/or Office of Legal Counsel.
The initial response might include actions such as:
Informing the appropriate county of alleged child abuse/neglect.
Contacting other authorities, such as law enforcement, to intervene.
Making an unannounced visit to the center to assess the potential risk of danger to other children in care and whether the risk has been addressed by the center.
Assessing the need for a summary suspension or a voluntary agreement to close the facility. For more information, see the section titled Summary Suspensions.
Initiating other enforcement action such as delivery of an order. For more information, see the section titled Orders.
Phoning the center to gather information to clarify the situation, instruct staff on actions to take and/or assess what should be done next.
Once the risk to children in care has been addressed (e.g., closing the center through a summary suspension, initiating a stipulation to assure a household member is off premises, etc.), or the risk has been ruled out, the licensing specialist should immediately proceed with the investigation.
The purpose of the death investigation is to determine if one or more violations of the administrative rule played any role in the death, and, if so, to ensure appropriate follow-up action. BECR has the authority and responsibility to conduct a thorough investigation using whatever customary means and techniques are, in the licensing staff’s judgment, appropriate and warranted. These may include, but are not limited to, individual interviews with staff and other persons such as the medical examiner, law enforcement officials, county child protective workers, a review of the records, a review of policies and procedures of the center and inspection of any buildings and their contents.
For more information regarding carrying out an investigation, see the section titled Complaint Investigation - Licensed Facilities.
7. Responding to a Death Report
7.1 When Other Agencies are Involved
7.2 Media Attention Regarding the Death of a Child in Care
This page last updated 10/2020.