Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
The Child Care Background Unit (CBU) reviews and makes determinations regarding license denials based on the results of background checks. The CBU’s determination that an applicant should be denied licensure because of the background check results is made in consultation with and approved by the CBU supervisor and the BECR regional licensing manager/licensing supervisor. The BECR Operations Section Manager (or a CBU supervisor acting as the BECR Operations Section Manager’s designee) must also approve all background check-related denials, unless the action is required by statute and not subject to discretion on the part of CBU. For example, when an applicant has been convicted of a serious crime that bars the individual from licensure, the denial is required by the background check law and would not require the prior approval of the BECR Operations Section Manager. The CBU supervisor should alert the Office of Legal Counsel of a denial if an appeal is likely.
The CBU drafts and issues the Notice of Denial, using the standardized format available on the BECR Intranet. The standardized format for denial contains the statutorily required notice language. However, the unique case detail must be added. It is critical that the reasons are clearly articulated, that all relevant statute and/or rule citations are identified, and that all facts related to the reason for the denial are accurately and concisely documented. If appropriate, the notice includes the language applicable to Wis. Admin. Code § DCF13-related denials regarding rehabilitation review. The CBU supervisor ensures that the notice is properly drafted and may request to have it reviewed by the OLC attorney before signing the final document. The original is sent to the applicant via certified and regular US mail.
As soon as the notice is finalized and sent, the denial is entered into the Enforcement module in WISCCRS. See the WISCCRS User Guide - Enforcements for more information on documenting the denial in WISCCRS. If a child abuse and neglect investigation finding is the basis of the revocation, all child protective service reports are uploaded in the Confidential Documents section in WISCCRS.
Note: The BECR regional licensing office is responsible for processing applications for licensure and making “fit and qualified” determinations related to the license application. If the CBU issues an approval for the background check determination, the regional office may still choose to deny an application for licensure if licensing staff determine that the applicant is not “fit and qualified”.
For more information on application denial due to background check results, see the Child Care Background Check procedure manual.
2.1.1 Denials Due to Background Check Results
2.1.1.1 Withdrawal of Applications in Lieu of a Denial
This page last updated 10/2020.