Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
When a violation of an administrative rule is observed, or when a licensee reports that a rule was violated and submits a self-report, the licensing specialist is expected to cite the violation by documenting it on a CFS-294. Documentation of a violation on the CFS-294 tells the licensee that s/he must take prompt corrective action to safeguard children. It also notifies parents and the public of a potentially problematic situation at the center, and establishes a record for follow up by the licensing specialist to insure that the violation is corrected and does not reoccur.
Despite the expectation that violations observed by the licensing specialist should be cited, there are instances in which the licensing specialist can determine that it is not necessary to document a violation on the CFS-294. Making this decision does not mean that the violation goes unacknowledged or uncorrected. It simply means that recording it on the CFS-294 seems unnecessary, usually because it is a relatively minor violation and correction already has been or will be easily accomplished. This may occur when a violation is immediately corrected by the licensee while the licensing specialist is observing and commenting on it. If the violation is promptly corrected and no further action is expected or needed, there may be no reason to include that violation on a CFS-294.
For example, while making a routine unannounced visit to a family child care provider, the licensing specialist notices that a single outlet protector is missing from an outlet. The licensing specialist notes that all other outlet protectors are in place. The provider explains that she had removed the outlet protector during the evening, when children were not present and had neglected to replace it the following morning before children arrived. When the licensing specialist observes that the protector is missing, the licensee immediately reinserts the plug protector. In this situation, the licensing specialist decides that citing the violation is unnecessary and verbally reminds the provider to check the outlet covers each morning before children arrive to ensure that the violation will not reoccur.
Before deciding that a violation will not be documented on the CFS-294, the licensing specialist should consider the following:
Was the violation promptly and easily corrected by the licensee when it was pointed out by the licensing specialist? Is there any reason to expect that the violation is likely to reoccur?
Has the violation been observed in more than one area of the center? If yes, this may be an indication that the problem is systemic and needs to be documented on the CFS-294 and reviewed and verified at a follow up visit.
Was the violation cited at a previous visit? If yes, this may mean that the violation is part of an ongoing pattern, suggesting chronic and repeat noncompliance with this particular rule.
Was the violation a result of an unusual or one-time only occurrence that is not expected to be repeated? Are there unique circumstances impacting the center on the particular day of the visit that the licensing specialist would not expect to reoccur?
Was the violation related to a lack of documentation in the file, although the documentation is available at the center? For example, the paperwork documenting that staff training was completed is available but had to be located by the licensee because it was not yet properly placed in the file?
Did the licensee or staff person offer a reasonable or understandable explanation as to why the rule was violated? Does the licensee understand the intent of the rule? Was the violation easily addressed through technical assistance?
Does the licensee understand why the violation needed to be corrected and prevented in the future? If not, would requiring that the licensee develop a correction plan help the licensee think through a plan to prevent the violation in the future?
Does the public benefit by being made aware of the violation? Would it shape or alter one’s opinion regarding the safety of the center such that parents and other members of the public should be made aware of the violation?
Would another fair minded professional agree that citing the violation is necessary?
Would the supervisor agree that it is acceptable to not cite the violation?
When the licensing specialist determines that one or more violations observed during a visit will not be documented on a CFS-294 and no other violations were observed, the CFS-785 should be issued.
This page last updated 01/2020.