Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
In 1992, WI Act 275 authorized the Department of Children and Families to apply intermediate enforcement sanctions (orders) and penalties (forfeitures) to licensed child care centers. An order is an enforcement action taken by the Department [delegated to, and hereafter referred to, as the Bureau of Early Care Regulation (BECR)] that compels a licensed person/entity through a formal, written directive, to take necessary steps to comply with statute and/or 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). For more information on forfeitures, see the Forfeitures chapter in the Enforcement Actions section of the procedure manual.
BECR is required by Wis. Stat. § 48.715(2) to provide written notice of the grounds for an enforcement, an explanation of the types of sanctions or penalties imposed, and an explanation of the process for appealing the sanction or penalty. Statute permits BECR to 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
An order is always issued in conjunction with a CFS-294, Noncompliance Statement and Correction Plan, and is sent by certified mail and regular U.S. mail. It may be hand-delivered.
When the order is in place, more intensive monitoring is done to ensure the health and safety of children in care and to verify that the facility is taking corrective action to comply with the order. The licensing specialist assigns a more intensive monitoring plan (Plan 3) to centers with an order in place. The order remains in place until the violation(s) upon which it was based has been corrected and the CFS-294 that was issued in conjunction with that order has been replaced by a new CFS-294 or a CFS-785.
An order, along with the CFS-294 that identifies the violation(s) that prompted the order, must be displayed by the child care licensees beside the license in an area visible to parents. This is 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 order and CFS-294 must remain posted until the violation(s) has been verified as corrected and a new CFS-294 or CFS-785 is posted. In no case should an order remain in effect longer than two (2) years from the date that the violation(s) was initially cited. If the violation(s) is still uncorrected at the end of the two-year period, other enforcement action must be taken.
Orders are subject to appeal through an administrative hearing as provided for in Wis. Stat. § 227.44. BECR is required by Wis. Stat. § 48.715(2) to provide written notice of the grounds for the order and an explanation of the process for appealing the order. When a licensee appeals the order, the licensee is permitted to continue operation without fulfilling the order pending the outcome of the administrative hearing.
This page last updated 10/2019.