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

Bureau of Early Care Regulation

Child Care Licensing Procedure Manual

 

 

2. Setting Forfeiture Amounts

The BECR is given the authority under Wis. Stats. ยง 48.715(3), to assess forfeiture amounts of $10 to $1,000 per day, per violation. All forfeiture assessments are reviewed on a case-by-case basis. The maximum forfeiture amount is reserved for severe circumstances that threaten the health and safety of children. Direct forfeitures tend to be higher amounts.

After determining the need to proceed to a forfeiture, the licensing specialist, in concurrence with the licensing manager/licensing supervisor, must determine the amount of the forfeiture to be assessed for each rule violation. Forfeitures that are part of a stipulation may be negotiated and fall outside of these general guidelines.

In determining the forfeiture assessment amount, the BECR licensing specialist utilizes the Forfeiture Assessment Guidelines worksheet, located in the Enforcement standardized formats section of the BECR Intranet. The worksheet provides guidance for analyzing the events surrounding the violation(s) leading to the forfeiture and for calculating the forfeiture amount. The worksheet does not necessarily encompass all factors used in assessing the forfeiture and may be altered to consider other factors that are relevant to a particular situation. The worksheet is for purposes of arriving at a defensible forfeiture dollar amount and presenting this justification to the licensing manager/licensing supervisor.

The completed worksheet is for discussion purposes only and is not uploaded in the WISCCRS provider file or included in correspondence to the licensee or others that may be reviewing the case.

 

2. Setting Forfeiture Amounts

2.1 Factors for Consideration in the Forfeiture Assessment Guidelines

2.1.1 Severity of the Violation

2.1.2 Good Faith

2.1.3 Financial Impact

2.1.4 Other Factors

2.2 Calculating the Forfeiture Amount

 

This page last updated 10/2020.