Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
A summary suspension is an enforcement action taken by BECR that immediately suspends a license to operate a family or group child care center or day camp. BECR has the authority to immediately close a facility based on a finding that the public health, safety, or welfare requires emergency action. A summary suspension may not be necessary: (1) if the licensee agrees to enter a Temporary Closure Agreement, as discussed in Section 2.2; or (2) agrees that the person being investigated will not be permitted on the premises at any time that children are present or such other times as are necessary to protect the public health, safety, or welfare, or agrees that the person will not work in a caregiver capacity or have other direct contact with children at the center, as discussed in Section 2.3.
The authority to impose a summary suspension is provided under Wis. Stat. § 227.51(3), and under Wis. Admin. Code §§ DCF 250.11(10)(a), DCF 251.11(9)(a), and DCF 252.05(6)(a). The BECR director or a licensing manager acting as the BECR director’s designee, authorizes all summary suspensions.
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.
The OLC attorney and paralegal handling BECR licensing matters must be notified as soon as possible in advance of any decision to issue a summary suspension.
Once a summary suspension is issued, BECR has 72 hours to permit the re-opening of the center or initiate revocation of the license. Also, once a summary suspension is issued, the licensee is entitled to an automatic administrative hearing under the authority of Wis. Stat. § 227.51(3) and Wis. Admin. Code §§ DCF 250.11(10)(a), DCF 251.11(9)(a), and DCF 252.05(6)(a) (whichever code provision applies) on the issue of whether the facility should remain suspended (closed) until the revocation proceedings are concluded. That automatic hearing must be held within 10 working days of the summary suspension notice, before an Administrative Law Judge (ALJ) from the Division of Hearings and Appeals (DHA). At such a hearing, the ALJ determines whether the center may reopen during revocation proceedings. The hearing may occur sooner than 10 working days from the date of the Notice of Summary Suspension if necessary to accommodate schedules of the parties, witnesses or administrative law judge.
For more information about summary suspension, see Summary Suspensions in the Enforcement Actions section of the procedure manual.
This page last updated 10/2020.