Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
An order issued to correct one or more violations compels a licensee to stop violating any provision of licensure under Wis. Stat. § 48.70(1), or rules promulgated by the Department under Wis. Stat. § 48.67. An order to correct a violation is the first enforcement step, typically following the CFS-294, Noncompliance Statement and Correction Plan, and a warning letter, and is issued as a consequence of not correcting violations previously cited on a CFS-294 and a warning letter.
The licensing specialist makes a determination as to whether an order is needed to bring about compliance in the following circumstances:
Previous efforts to gain compliance with the administrative rule, such as issuing the CFS-294, Noncompliance Statement and Correction Plan and a warning letter have failed. The licensee has been given a reasonable amount of time to correct one or more violations cited on the CFS-294 and has shown little or no effort to address the violations.
In certain serious circumstances, such as violations of health and safety administrative rules, an order is immediately issued in conjunction with a CFS-294 at the initial discovery of one or more violations.
At least four repeat, serious violations are cited during a single monitoring visit. This requirement for an order may be waived if the licensee meets one or more criteria identified in section 4.3 and the licensing manager/licensing supervisor concurs with the licensing specialist that an order is not warranted in that particular instance.
The order, signed by the licensing manager/licensing supervisor and issued in conjunction with the CFS-294, states that the provider must immediately stop violating administrative rules, outlines additional enforcement actions that may be taken if the provider fails to comply with the order and informs the provider of his/her appeal rights. A standardized format for the order is available on the BECR Intranet.
Depending on the specifics of the situation (such as the seriousness of the violation or whether a pattern of repeat, serious violations has been established), the licensing specialist may issue an order to correct violations or to impose a plan of correction and may take other serious enforcement action, such as a direct forfeiture. This decision should be made by the licensing specialist in consultation with the licensing manager/licensing supervisor.
4. Issuing an Order to Correct Violation(s)
4.1. Definition of Repeat Violation
4.1.1. When More than Two Years have Passed Between Cites for the Same Violation
4.2. Definition of Serious Violation
4.2.1. Family Child Care Centers
4.2.2. Group Child Care Centers
4.3. Waiving the Requirement for an Order When There are Repeat and Serious Violations
4.4. Ensuring Compliance with the Order
This page last updated 10/2020.