Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
An order is an intermediate enforcement action that compels a licensed person/entity through a formal, written directive to take necessary steps to comply with the administrative code. The authority to impose an order is provided under Wis. Stat. § 48.715(2) and under Wis. Admin. Code § DCF 250.12(3), 251.12(3), and 252.06(3).
An order is typically issued when previous efforts to bring a licensee into compliance have not succeeded (e.g., issuance of a CFS-294, Noncompliance Statement and Correction Plan, and a warning letter). An order may be issued following a CFS-294 that remains uncorrected, or an order may be issued concurrently with the CFS-294; this would occur when the licensing specialist, in consultation with the licensing manager/licensing supervisor, determines that the seriousness of the violation(s) warrants an immediate enforcement action.
The BECR is required by Wis. Stat. § 48.715(2) to provide written notice of the grounds for enforcement, an explanation of the types of sanctions or penalties imposed and an explanation of the process for appealing the sanction or penalty. Any person aggrieved by a Department action taken under Wis. Stat. §§ 48.715, 48.68(1) and/or 48.686, has the right to an administrative 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 no later than ten (10) days from the date of the notice. A copy of the notice must be attached to the request for a hearing.
BECR may impose any of the following orders:
Order to Cease Illegal Operations
Order to Terminate Employment
Order to Correct Violation(s)
Order to Submit a Plan of Correction
Order to Implement and Comply with the BECR Plan of Correction
Order to Close Intake
Order to Provide Training
The standardized formats for orders to are available on the BECR Intranet. The standardized format for the order identifies BECR authority under Wis. Stat. § 48.715 for issuing the order and outlines the posting requirements, any additional penalties for failure to comply with the order and the licensee’s appeal rights. The licensing specialist must identify in the order the specific administrative rule(s) that is being violated, the date of the licensing visit when the violation(s) was discovered, what was observed, whether the violation(s) is a repeat violation(s) and the date by which the violation(s) must be corrected.
An order is always issued in conjunction with the CFS-294 that prompted the order and is sent by certified mail and U.S. mail.
Under certain circumstances, a direct forfeiture may be assessed in addition to the order. A direct forfeiture is an immediate enforcement action for an identified noncompliance(s) not associated with previously issued orders. A direct forfeiture is issued in the most severe circumstances where the health, safety and welfare of children in care are threatened and/or harm to a child has already occurred. (Note: In some cases, orders may not be issued with a direct forfeiture because the noncompliance has already been corrected or the circumstance is not likely to occur again.) For more information regarding forfeitures, see Forfeitures in the Enforcements section of the procedure manual. A standardized format of the order with direct forfeiture is available on the BECR Intranet.
Under Wis. Stat. § 48.657(2g) and Wis. Admin. Code § DCF 251.04(2)(1), 250.04(2)(i), and 252.41(1)(L), child care centers are required to post the most recent order near their license in an area visible to parents.
In accordance with Wis. Stat. § 48.657(1)(a), the licensing specialist may not disclose the identity of any employee of a child care center on the order and CFS-294. In accordance with Wis. Stat. § 48.78, the licensing specialist may not disclose the name of any child in care on the order and CFS-294.
This page last updated 10/2020.