Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
A temporary license suspension is an enforcement action taken by BECR that temporarily suspends a license to operate a family or group child care center or day camp for not more than two weeks. This enforcement action requires that the licensee temporarily close the licensed facility and cease caring for children during the license suspension period while the licensee makes necessary corrections to achieve compliance with the statute and/or administrative rule. A temporary suspension of the license is initiated when the statute and/or rule violation is serious enough to require immediate correction and there is a reasonable expectation that the correction can and will be achieved within a two week timeframe. If the correction is not made within the two week closure period, surrender of the license or a revocation is likely.
A temporary suspension of a probationary or regular license for up to two weeks is indicated when all of the following conditions have been met:
A determination has been made that the facility should not remain open unless the noncompliance is corrected because the nature of the noncompliance poses a threat to the health, safety and welfare of children in care, and
There is a reasonable expectation that the noncompliance can and will be corrected by the licensee within a two week period, and
Without immediate correction of the noncompliance within the two week closure period, the facility will have to remain closed, necessitating a revocation or the surrender of the license. The temporary license suspension is considered a last chance effort to bring the licensee into compliance prior to permanent closure of the facility.
In many instances when a temporary license suspension is indicated, the licensee will simply offer to voluntary close the facility until the violations are corrected to avoid this formal enforcement action. When such a voluntary agreement cannot be reached, the temporary license suspension is issued.
The following are examples of instances when a temporary license suspension is an effective enforcement tool for bringing about compliance:
The licensed facility is infested with rodents and extermination will be necessary before children can be safely cared for in the facility.
The licensee is on vacation and no qualified staff are on site, thereby placing children in care at risk.
The licensed facility has been cited numerous times for sanitation violations but the premises remains filthy. A two-week closure of the facility conveys the seriousness of the situation and offers an opportunity for the licensee to bring the facility into compliance before children can be safely cared for at the facility.
A storm has flooded a basement where child care is provided and the center must be temporarily closed while the water damage is repaired.
In most cases, the licensing manager/licensing supervisor can approve the temporary license suspension. It is critical for the licensing specialist to determine the known facts of the licensee’s situation so that the licensing manager/licensing supervisor can be fully informed of these details in making a decision to close a facility for a two week period. The licensing manager/licensing supervisor may also discuss the temporary license suspension with the bureau director and/or the OLC attorney when assessing the facts of the situation and determining whether to initiate the temporary license suspension. If the action is required to address situations other than the physical premises of the facility or temporary staffing issues, the licensing manager/licensing supervisor must consult with the OLC attorney and receive approval for the action from the BECR director.
1.1 Statutory Authority to Temporarily Suspend a License
This page last updated 10/2020.