Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
When a revocation is issued and the licensee appeals the revocation (and thus remains open during the appeal proceedings), the licensing specialist usually ceases to monitor the facility until the appeal proceedings have ended. General monitoring or verification of previously cited violations is not done during this time except in rare circumstances. Such circumstances could include, for example, a complaint allegation regarding the center that necessitates a complaint investigation visit to the center. Also, when the appeal is taking an unusually long time to be resolved and the licensing specialist has specific safety concerns regarding the operation of the facility, it may be appropriate to conduct a monitoring visit. Any visit to a center during revocation proceedings must be approved by the licensing manager/licensing supervisor and DCF legal counsel.
A CFS-294 is sent to the licensee reflecting the results of a complaint investigation or a visit deemed necessary because of safety concerns. Only those violations discovered during the complaint investigation or special visit are included on the CFS-294. The licensing specialist does not conduct any follow-up regarding the violations cited on the CFS-294 unless the licensing manager/licensing supervisor and DCF legal counsel direct the licensing specialist to do so.
If there is reason to believe that the provider continues to provide care after the license has been revoked and all appeal options have been exhausted, the licensing specialist should make an enforcement follow-up on-site visit to the facility. Or, if a complaint is received indicating that children are still in care, the licensing specialist follows the guidelines for investigating a complaint of an unlicensed facility. The licensing specialist should discuss the situation with the licensing manager/licensing supervisor before making the site visit. If there is any reason to suspect that the visit may be dangerous, law enforcement should be involved. If the provider is found to be operating illegally, the licensing specialist prepares an administrative order to stop operating the illegal facility, pursuant to Wis. Stat. § 48.715(2)(a) for the licensing manager/licensing supervisor’s signature. For more information, see the section titled Complaint Investigation – Unlicensed Facilities in the procedure manual.
This page last updated 07/2016.