Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Licensing Procedure Manual

 

 

Overview - Monitoring - Noncompliance Statement and Correction Plan (CFS-294), and Compliance Statement (CFS-785)

Pursuant to Wis. Stat. § 48.657(1), the Department of Children and Families (DCF) [delegated to, and hereafter referred to as the Bureau of Early Care Regulation (BECR)] is required to report the results of the most recent inspection of a group child care center, family child care center or day camp licensed under Wis. Stat. § 48.65(1), or in the case of a probationary license, licensed under Wis. Stat. § 48.69. Either the Compliance Statement or the Noncompliance Statement and Correction Plan are completed by BECR following a monitoring visit to meet this inspection reporting requirement.

In accordance with Wis. Stat. § 48.657(2) and (2g), family and group child care centers and day camps are required to post with the license the most recent inspection report (CFS-294 or CFS-785) received from BECR relating to violations. In addition, Wis. Admin. Code §§ DCF 250.04(2)(i), DCF 251.04(2)(L), and DCF 252.41(1)(L) require child care centers and day camps to post the results of the most recent licensing inspection next to the license in an area visible to parents  during hours of operation. Either the CFS-294 or the CFS-785 must remain posted in a conspicuous area of the center that is accessible to the public. At each subsequent site visit, a new CFS-294 or CFS-785 is issued to replace the one currently posted.

The BECR-issued reports identifying monitoring results alert a center or camp to existing violations and direct the facility to take prompt, appropriate corrective action, thus safeguarding the children in care. The need for more serious licensing action, such as an enforcement action, can often be averted by promptly identifying new violations and/or addressing ongoing problems that do not immediately rise to the level of an enforcement action.

To complete an inspection of a child care center or day camp, a BECR licensing specialist visits the facility and completes a licensing checklist that consists of administrative rules relevant to that type of regulated facility. Over the course of the two-year licensing period, all administrative rules applicable to the center are reviewed during these visits and the licensing specialist identifies the rules that are met, unmet, or not applicable. In addition to reviewing and monitoring all rules contained in the licensing checklist every two years, the licensing specialist must review a subset of the child care group and family administrative rules every calendar year. This subset of rules covers administrative requirements in 10 health and safety areas designated critical to the protection of children in care.

The Compliance Statement (DCF-F-CFS785) is used to document when no violations are cited for the selected administrative rules under review. (The Compliance Statement is referred to as the CFS-785 throughout this chapter.) There are four versions of the CFS-785, with each version identifying the specific rule sections relevant to the type of facility under review. When a CFS-785 is issued, no further follow-up is required of the licensee, other than posting the results in the center or camp. BECR shares the results with the public by posting the CFS-785 on the Regulated Child Care and YoungStar Public Search website.

The Noncompliance Statement and Correction Plan (DCF-F-CFS0294) is used to enumerate and document all violations of administrative rules observed in a licensed facility during a monitoring visit (or determined through review a self-report). (The Noncompliance Statement and Correction Plan is referred to as the CFS-294 throughout this chapter.) When a CFS-294 is issued, the violations, along with the specific descriptions of the violations, are documented on the form and shared with the licensee. The licensee posts the CFS-294 at the facility and BECR posts the CFS-294 on the Regulated Child Care and YoungStar Public Search website.

In responding to a CFS-294, the licensee must outline how each violation cited on the CFS-294 will be corrected, along with the date that each correction will be completed. The licensing specialist reviews and approves the correction plan and expected completion dates. The updated CFS-294 containing the licensee’s correction plan is then scanned into WISCCRS and posted on the public search website. The licensee posts the updated form near the license in the center or day camp. The licensing specialist subsequently must verify that all corrections have been made by the due dates put forth by the licensee in the correction plan. Depending on the nature of the violation, verification may be accomplished at a site visit, through electronic mail, or through materials received in the mail.

If the licensee’s correction plan clearly will not correct one or more of the violations, the licensing specialist may work with the licensee until an acceptable plan is developed. Should the licensee fail to submit a correction plan, or fail to follow through with it, enforcement action may result.

A licensee cannot appeal a violation cited on a CFS-294 through the Division of Hearings and Appeals (DHA). However, if disputes arise regarding the cited violations that the licensing specialist cannot resolve, the licensing specialist should refer the licensee to the licensing manager/supervisor for resolution.

 

This page last updated 10/2020.