Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
A revocation is the closure of a facility by the Department [delegated to, and hereafter referred to, as the Bureau of Early Care Regulation (BECR)] through termination of a probationary or continuing license to operate. The authority to impose a revocation is provided under Wis. Stat. §§ 48.715(3), (4), (4g), (4m), (6), (7); Wis. Stat. § 48.66(5); Wis. Stat. § 48.68(1); and Wis. Stat. § 48.686, and under Wis. Admin. Code §§ DCF 250.04(2), 250.07(6), 250.11(2), (4), (5), (8), 250.12(3), 251.04(2), 251.11(1), (3). (4), (7), 251.12(3), 252.05(1), (5), (7), (10), 252.06(3), and Wis. Admin. Code § DCF 13.
The BECR director (or a licensing manager/licensing supervisor acting as the BECR director’s designee) and the licensing manager/licensing supervisor must approve all revocations. There are various grounds (and thus statutory citations) for revocation. Under the statutes, a revocation may be taken when there is:
Continued or resumed violation of a provision of licensure after the imposition of a penalty;
Substantial violation of a provision of licensure;
A direct threat to the health, safety or welfare of children in care;
Repeated violation of a rule, provision or order that is the same or similar to one related to licensure;
Failure to apply for license continuance;
Outstanding forfeitures that prevent license continuation;
A decision not to continue a license because of an action that constitutes substantial failure to protect and promote the health, safety and welfare of a child;
Evidence that the licensee, a nonclient household member, an employee or person with regular contact with children in care, has been convicted of a serious crime as defined under Wis. Stat. § 48.686(1)(c), or is the subject of a finding by a governmental agency of:
Neglect or abuse of a client, or
Misappropriation of a client’s property, or
Child abuse or neglect.
Note that in accordance with Wis. Stat. § 48.715(4g)(b), BECR also has the authority to immediately suspend the license of a person who is the subject of a pending criminal charge alleging that the person has committed a serious crime until BECR obtains information regarding the final disposition of the charge indicating that the person is not ineligible to be licensed to operate a child care center.
A written Notice of Revocation is sent certified mail and regular U.S. mail. Unless appealed, the revocation is effective immediately upon notice except that certain, rarely used, bases require written notice not less than 30 days prior to the date of the revocation.
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 child care center or day camp must post the Notice of Revocation next to the license, in an area visible to parents.
Revocations are subject to appeal through an administrative hearing as provided for in Wis. Stat. § 227.42. BECR is required by Wis. Stat. § 48.715(4) to provide written notice of the grounds for revocation and an explanation of the process for appealing the action. Any person aggrieved by a revocation 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 days from the date of the notice.
When a licensee appeals the revocation, the licensee is allowed to continue operating, pending the outcome of the administrative hearing. However, pursuant to Wis. Admin. Code §§ DCF 250.11(9)(b), 251.11(8)(b) and 252.05(8)(b), upon receipt of the revocation notice and during revocation proceedings, the licensee may not accept for care any child not enrolled and in care as of the date of receipt of the Notice of Revocation without written approval of BECR.
Once revocation is initiated, BECR informs other interested entities who may also need to take action as a result of the revocation. For example, upon receipt of a Notice of Revocation, the Bureau of Child Care Subsidy Administration (BCCSA) designates the licensed provider to be out of regulatory compliance. This action suspends the provider’s Wisconsin Shares payments until the revocation is finalized and/or the appeal, if applicable, is resolved. Likewise, reimbursement from the food program administered by the Department of Public Instruction, Child and Adult Care Food Program, is terminated when the program is informed that the child care license is revoked.
This page last updated 10/2020.