Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
There may be compelling reasons to proceed with a summary suspension rather than permitting a temporary closure, even though both actions require immediate closure of the center. The following factors should be considered when determining a course of action:
What is the licensee’s compliance history? Have there been previous allegations? Does s/he seem likely to comply with the temporary closure agreement or would the more formal action of issuing a summary suspension be a more effective tool to assure closure of the facility during the investigation?
What is the licensee’s response to the allegations that are being investigated? If the licensee is unwilling to acknowledge that abuse may have occurred, or does not believe the investigation is warranted, s/he may be less likely to follow through with the voluntary closure and keep the center closed to children. If there is any doubt that the licensee will comply with the closure agreement for the duration of the investigation, a summary suspension should be issued.
Has the licensee already volunteered to temporarily close the facility as soon as the allegations were made and for the duration of the investigation?
Has the licensee already shown an understanding of the gravity of the situation by taking decisive action regarding the allegations, such as removing a household member from the premises?
Does the licensee understand that by signing a temporary closure agreement, the center must be immediately closed and must remain closed until BECR permits reopening? It is important that the licensee understand that there will not be an automatic hearing before DHA on the matter of reopening and that the opportunity to make an argument before an administrative law judge for reopening the center is no longer available to the licensee once the agreement is executed.
Does the licensee understand the ramifications of a summary suspension? The closure agreement averts the imposition of an enforcement action for the time being and the potential ramifications of such an action on the child care business. A summary suspension is the most serious action that can be taken against the center and most licensees would prefer to avoid having a summary suspension associated with the center. Should BECR allow the center to reopen following a summary suspension, having this enforcement action in the licensee’s compliance history could negatively affect how the business is perceived by the public.
Does the licensing specialist have information from persons involved in the investigation that the original allegations will not be substantiated, even though the findings have not yet been finalized? For example, the licensing specialist may be aware that a child abuse investigation will likely substantiate that it was a parent who inflicted the abuse originally believed to have been inflicted by a licensee and that the licensee will be exonerated.
This page last updated 05/2016.