Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
There are several ways that regional office staff can become aware that immediate action to close a child care center may be needed to protect the public health, safety or welfare. For example, the licensing specialist may be alerted through a routine monitoring visit, a complaint, a self-report, or through notification from a county protective service worker and/or a law enforcement officer that an investigation of alleged child abuse or neglect is being conducted.
A finding of a requirement for summary suspension of the license may be based on any of the following:
Failure of the licensee to provide environmental protections for the children, such as heat, water, electricity or telephone service.
The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily security.
The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center or has a pending charge that substantially relates to the care of children or activities of the center.
The licensee, employee, volunteer or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to Wis. Stat. § 48.981 or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.
The licensee or a person under the supervision of the license has committed an action or has created a condition relating to the operation or maintenance of the child care center that directly threatens the health, safety or welfare of any child under the care of the licensee.
When alerted to serious statutory or rule violations that constitute grounds for immediate closure, the licensing specialist immediately reports the situation to the licensing manager to determine next steps. If the licensing manager is unavailable, the specialist must report the situation to another regional licensing manager and receive direction on how to proceed. Note that if the licensing specialist reports directly to a licensing supervisor (as is the case in the BECR Southeastern and Southern Regional Offices), the licensing specialist will present the information to the licensing supervisor who will then consult with the licensing manager to determine next steps.
It is critical to determine the known facts of the situation as soon as possible. In many instances, this will require the licensing specialist to conduct a complaint investigation. For information on how to proceed with a complaint investigation, see the procedure section on Complaint Investigation – Licensed Facilities.
The licensing specialist must keep the licensing manager fully aware of details as they become known. The licensing manager must alert the BECR director when assessing the facts of the situation. The BECR director or a licensing manager acting as the BECR director’s designee must prior authorize all summary suspensions. Once BECR decides that a summary suspension will be issued, the OLC attorney representing BECR must be notified and s/he will inform DHA of the suspension.
1. Making the Decision to Initiate a Summary Suspension
1.1 Use of Summary Suspension to Keep a Center Closed During Revocation
This page last updated 10/2020.