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 the department [delegated to, and hereafter referred to, as the Bureau of Early Care Regulation (BECR)] that prevents an applicant for child care licensure from receiving a probationary or regular license to operate. An application for a probationary or regular license may be denied due to the applicant’s failure to meet minimal requirements for licensure. BECR may consider any action by the applicant, or by an employee of the applicant, 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 applicant’s criminal history may prohibit licensure.
The authority to deny a probationary or regular license is provided under Wis Stat. §§ 48.68(1), 48.686(4m) and (5m), and 48.715(3), (5), (6) and (7), and under Wis. Admin. Code § DCF 250.04(2), 250.07(6), 250.11(2), (3), (4) and (8); DCF 251.04(2), 251.11(1), (2), (3) and (7); DCF 252.05(5), (7), (10) DCF 13.
The determination that an applicant should be denied is made in consultation with and approved by the licensing manager/licensing supervisor. 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. For example, when an applicant has been convicted of a serious crime that bars the individual from owning a regulated child care facility, the denial is required by the background check law and would not require the prior approval of the BECR director.
The licensing manager/licensing supervisor should alert the Office of Legal Counsel (OLC) of a denial if an appeal is likely.
There are various grounds (and thus statutory citations) for denial. Under the statutes, a license may be denied when there is:
A denial within the previous five years of a license issued under Wis. Stat. § 48.66(1) or a probationary license issued under Wis. Stat. § 48.69.
Failure to pay court-ordered child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse.
Liability for delinquent taxes.
Actions of the applicant or an employee of the applicant that constitutes a substantial failure to protect and promote the health, safety, or welfare of a child.
Evidence that the licensee, a household member, an employee or person with regular contact with children in care, has been convicted of a serious crime as defined under Wis. Stat. § 48.686(1)(c), or is the subject of a finding by a governmental agency of:
Neglect or abuse of a client.
Misappropriation of a client’s property.
Child abuse or neglect.
Conviction of an offense that is not a serious crime but is deemed to be substantially related to the care of a child.
Failure to meet the minimum requirements for a license pursuant to Wis. Stat. § 48.68(1) and Wis. Administrative Code.
A written Notice of Denial is sent certified and regular U.S. mail. The licensing specialist prepares the written notice of a denial, using the appropriate standardized format from the BECR Intranet. Unless appealed, the denial is effective immediately upon notice.
BECR is required by Wis. Stat. § 48.715 to provide written notice of the grounds for denial and an explanation of the process for appealing the action. Any person aggrieved by a denial taken under Wis. Stat. §§ 48.715, 48.68(1) and/or 48.686, has the right to a denial hearing under Wis. Stat. § 227.42. Pursuant to Wis. Stat. § 48.72, a written request must be sent directly to the Division of Hearings and Appeals (DHA) no later than ten (10) days from the date of the denial notice.
If the denial is issued to a provider that has been operating with a first or second probationary license, the provider may appeal the denial and continue to operate during appeal proceedings, pending the outcome of the administrative hearing. However, pursuant to Wis. Admin Code §§ DCF 250.11(9)(b), 251.11(8)(b) and 252.05(8)(b), upon receipt of the denial notice and during denial proceedings, the licensee may not accept for care any child not enrolled and in care as of the date of receipt of the Notice of Denial without written approval of BECR.
In accordance with Wis. Stat. § 48.657(2g), and Wis. Admin. Code §§ DCF 250.04(2)(i), 251.04(2)(L) and 252.41(1)(L), the child care center or day camp must post the Notice of Denial next to the probationary license, in an area that is visible to parents.
Once denial of a regular license is initiated, BECR informs other interested entities who may also need to take action as a result of the denial. For example, upon receipt of a Notice of Denial, the Bureau of Child Care Subsidy Administration designates the provider holding a probationary license to be out of regulatory compliance. This action suspends the provider’s Wisconsin Shares payments until the denial is finalized and/or the appeal, if applicable, is resolved. Likewise, reimbursement from the food program administered by the Department of Public Instruction, Child and Adult Care Food Program, is terminated when the program is informed that the regular child care or day camp license is denied.
This page last updated 10/2020.