Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
A forfeiture is a fiscal penalty that may be taken by the Department [delegated to, and hereafter referred to, as the Bureau of Early Care Regulation (BECR)] against a licensee or any other person (i.e., an unlicensed provider) who violates a provision of licensure under Wis Stat. § 48.70(1), or rule promulgated by the Department under Wis Stat. § 48.67. The authority to impose such a penalty is provided under Wis Stat. § 48.715(3). Forfeitures may be assessed in amounts of $10 to $1,000 per day, per violation. For more information about assessing a forfeiture against an unlicensed provider, see the section titled, Complaint Investigation – Unlicensed Facilities, in the section titled Complaint / Incident Investigations.
In 1992, Wisconsin Act 275 authorized the Department to apply intermediate enforcement actions, sanctions (orders) and penalties (forfeitures), to licensed child care centers. The Legislature enacted additional legislation in the 1995-97 budget, Wisconsin Act 27, that expanded the Department’s authority to assess an immediate (direct) forfeiture without a preceding order. This authority applies to licensed child care, but does not apply to license exempt public school programs.
By authorizing the use of intermediate enforcement actions, the statutes afford the Department more options with which to address violations of licensing requirements before resorting to license revocation. Through the use of sanctions and penalties, the Department can compel licensees to correct serious violations and come into compliance with minimum regulatory requirements.
The licensing manager/licensing supervisor must authorize the decision to assess a forfeiture and the forfeiture amount. If the total forfeiture amount is $500 or more, the BECR Director must approve the forfeiture.
Forfeitures are assessed:
As a consequence of failure to comply with orders issued under Wis Stat. § 48.715
Directly without prior orders
Together, as a direct forfeiture with orders
As part of a stipulation
Forfeitures are subject to an administrative hearing as provided for in Wis Stat. § 227.44. The BECR is required by Wis Stat. § 48.715(2). to provide written notice of the grounds for forfeiture, an explanation of the type of penalties imposed, and an explanation of the process for appealing the forfeiture. When a licensee appeals a forfeiture, payment is suspended pending the outcome of the administrative hearing.
Unless appealed, a forfeiture must be paid within 10 days of receipt of the notice of forfeiture assessment. Forfeitures are paid to the BECR central office and ultimately are deposited in the State School Fund. Failure to pay a forfeiture may result in loss of licensure.
The notice of forfeiture assessment, and any associated orders, must be displayed by child care licensees beside their license 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)until such time as BECR informs the licensee that the notice can be removed.
This page last updated 10/2020.