Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
Under Wis. Stat. § 48.715(3)(b), BECR has the statutory authority to temporarily suspend a probationary or regular license for not more than two weeks. The licensee has the right to request an administrative hearing under Wis. Stat. § 48.72 to appeal this enforcement action. This action is rarely imposed, but may be appropriate under certain, specific circumstances. It temporarily suspends a license to operate a family or group child care center or day camp for a few days to allow the licensee to make necessary corrections to achieve compliance with the administrative rule. The licensee must cease accepting any child for care during the license suspension period. Reopening of the center requires correction of the violations listed in the enforcement action notice and approval of BECR. A suspension of the license is initiated when the statute and/or rule violations are serious enough to require immediate correction and there is a reasonable expectation that the licensee can and will achieve correction of the violations within a two-week time frame. If the corrections are not made within the two-week closure period, surrender of the license or a revocation is likely.
A suspension of a probationary or regular license for up to two weeks is indicated when the following conditions have been met:
A determination has been made that the facility should not remain open unless the violations are corrected because the nature of the violations pose a threat to the health, safety, and welfare of children in care, and
There is a reasonable expectation that the violations can and will be corrected by the licensee within a two-week period, and
It is clear that without immediate correction of the violations within the two-week closure period, the facility will have to remain closed, necessitating a revocation or the surrender of the license. Therefore, the two-week license suspension is issued in a last chance effort to bring the licensee into compliance prior to permanent closure of the facility.
In nearly all instances when a license suspension is issued, the licensee will simply offer to voluntary close the facility until the violations are corrected to avoid this formal enforcement action. When such an agreement cannot be reached, the enforcement action to require license suspension will be issued. If the licensee decides to appeal the action, it is then necessary to issue a summary suspension to assure immediate closure of the center.
The following are examples of instances when a two-week license suspension is an effective enforcement tool for bringing about compliance:
The licensed facility is infested with rodents and extermination will be necessary before children can be safely cared for in the facility.
The licensee is on vacation and the person left in charge of the facility is not qualified to operate the facility, thereby placing children in care at risk.
The licensed facility has been cited numerous times for sanitation violations but the premises remains filthy. A two-week closure of the facility conveys the seriousness of the conditions and offers an opportunity for the licensee to bring the facility into compliance before children can be safely cared for at the facility.
A storm has flooded a basement where child care is provided and the center must be closed while the water damage is repaired.
OLC must be consulted and the BECR Director must approve issuance of a two-week suspension in circumstances (other than physical condition of a center or temporary staffing issues) in which a two-week suspension is being considered, such as a pending Child Protective Service investigation that is reasonably expected to conclude in less than two weeks.
For information on a license suspension for up to two weeks, see the Temporary Suspension of License chapter in the Enforcement Actions section of this manual.
This page last updated 10/2019.