Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
A denial is an enforcement action taken by BECR to prevent an applicant for child care or day camp licensure from receiving a probationary or regular license to operate due to the applicant’s failure to meet minimal standards for licensure. The decision to deny a license is based on BECR’s investigation of the applicant to determine if s/he meets the minimum licensing requirements. BECR may consider any action by the applicant, an employee of the applicant, or a household member that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety and welfare of a child. In certain circumstances, the criminal history of the applicant, employee or household member may prohibit licensure.
The licensing manager/licensing supervisor must approve all denials. It is critical to determine the known facts of the applicant’s situation so that the licensing manager/licensing supervisor can be fully informed of these details in making a denial decision. The BECR director (or a licensing manager/licensing supervisor acting as the BECR director’s designee) must also approve all denials, unless the denial is required by statute and not subject to discretion on the part of BECR. The licensing manager/licensing supervisor may also wish to discuss the denial with the OLC attorney when assessing the facts of the situation and determining whether to proceed to denial.
A denial may occur at one of three points in the licensing process:
A denial may be issued when the initial application process is completed and the licensing specialist determines that, based on the materials and fees that have been submitted, background check information and/or site visit, the applicant fails to meet the minimum requirements for issuance of a probationary license.
A denial may be issued at the end of the first six month probationary period. In this case, the applicant is issued a six month probationary license but demonstrates during this probationary period that the applicant will not meet minimum requirements for regular licensure because of serious and/or numerous noncompliances.
A denial may be issued at the end of a second six month probationary period. In this case, after failing to meet minimum requirements during the first probationary period, the applicant is given a second opportunity to demonstrate an ability to meet statutory and/or rule provisions through a second probationary license. Because of serious and/or numerous noncompliances, the applicant shows an inability to meet the minimum requirements for regular licensure. A denial would also be issued at this point if the applicant has not provided care to any children during the first and second probationary periods, resulting in the inability for BECR licensing staff to observe the operation of the center with children in care.
If, during the first or second probationary period, the licensing specialist learns of serious statutory and/or rule violations that directly threaten the health, safety, and welfare of children in care and immediate action is required to protect children in care, a revocation (or summary suspension, if appropriate) should be initiated with the probationary licensee. In such a circumstance, the licensing specialist should not wait until the first or second probationary period is about to expire. For information on revocation and summary suspension, see the Revocation and Summary Suspension chapters in the Enforcement Actions section of the procedure manual.
The following are some examples of the circumstances that lead to denial of licensure:
After at least two attempts to meet the minimum requirements for licensure, the applicant has failed to meet those requirements, as identified in the Initial Licensing Checklist. For more information, see the Family Child Care and/or Group Child Care chapters in the Child Care Licensing section of the procedure manual.
The character and history of the applicant or an adult household member, as revealed through the background check and/or the county reference check, threatens the health, safety and welfare of children in care.
The applicant or adult household member has a criminal conviction that substantially relates to the person’s ability to care for children or operate a child care center.
The background check reveals criminal convictions that bar the applicant from licensure.
The applicant knowingly provides false information in the application materials, such as not disclosing a criminal conviction that becomes apparent in the background check.
The applicant has had child care certification denied or revoked within the last five years.
The licensing specialist learns of a direct threat to the welfare of children in care through a complaint, or a county protective service worker may inform the licensing specialist that they are conducting an investigation of alleged child abuse or neglect.
The applicant has been issued two probationary licenses and monitoring during the probationary period reveals a pattern of noncompliances that gives the licensing specialist reasonable concern for the safety of children in care.
The applicant has been issued two probationary licenses and the licensing specialist has been unable to observe children in care during this time period.
1. Making the Decision to Deny Licensure
1.1 Statutory Authority to Deny a License
1.2 Wisconsin Administrative Code Authority to Deny a License
1.3 Statutory Authority to Deny a License for Tax Delinquency
1.4 Statutory Authority to Deny a License for Delinquent Unemployment Insurance
1.5 Refusal to Process a License Application
This page last updated 10/2020.