Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
Although the procedures related to warning letters are described in the Enforcement Actions section of the manual, a warning letter is not technically an enforcement. A warning letter is a pre-enforcement action; an incremental step in an effort to gain compliance prior to issuing an enforcement action.
A warning, by itself, has no negative impact on a license and does not, for example, prevent license continuation. However, when a warning letter is issued to a provider with a probationary license, the violations that led to the warning may be sufficient for the licensing specialist to consider extending the probationary period.
A warning letter is used to:
Increase the impact of a Noncompliance Statement and Correction Plan issued for a serious violation or for numerous violations or for repeat violations, or
Report to the licensee that telephone service to the facility is unavailable and the consequences if the service is not restored, or
Inform the licensee about two failed attempts to gain entrance to the facility for on-site monitoring and the consequences should monitoring not be allowed, or
Address other unique circumstances.
The warning letter informs the licensee that failure to correct the violation, admit entry, or restore telephone service may result in subsequent enforcement action. Versions of standardized warning letter formats are available at the BECR Intranet. One version is used in conjunction with one or more violations identified on a Noncompliance Statement and Correction Plan for licensed programs (Warning letter) or for license exempt programs (Warning Letter Exempt). The others identify violations related to no telephone service (Warning Letter – Telephone) and failure to gain entrance to inspect the facility (Warning Letter – Entrance).
The licensing manager/licensing supervisor signs all warning letters. A warning letter is sent via regular and certified mail.
A warning letter is most often used to call the provider’s attention to reoccurring, uncorrected and serious violations of the administrative rule. It serves as notice that BECR will take the significant step of issuing an enforcement action if the licensee fails to address the concerns described in the warning letter. Warning letters should not be issued repeatedly when it becomes clear that issuance of the warning is not altering the licensee’s behavior in addressing violations. The warning letter should never be used when an enforcement action is the more appropriate action.
Under Wis. Stat. § 48.657(2g) and Wis. Admin. Code § DCF 251.04(2)(L), 250.04(2)(i), and 252.41(1)(L), child care centers are required to post with the license any notice received from the Department relating to rule violations. The Warning Letter must be posted in an area of the center that is visible to parents and must remain posted until the licensing specialist has verified the violations as corrected and in compliance at or before the next licensing site visit.
This page last updated 10/2020.