Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Licensing Procedure Manual
A temporary closure is an agreement between a licensee of a group or family child care center or day camp and the Department of Children and Families [delegated to, and hereafter referred to, as the Bureau of Early Care Regulation (BECR)] that sets forth specific terms and conditions for temporary closure of a licensed facility. The authority to execute a temporary closure agreement is provided under Wis. Stat. §§ 48.66-48.67 and applicable Wisconsin Administrative Code provisions, in that BECR is directed to license, inspect and regulate child care licensees to ensure compliance with the applicable statutes and rules. There are three types of temporary closures. These temporary closures, along with alternatives to temporary closure and the related subject of centers that are technically open but have no children in care, are discussed below.
One type of temporary closure is initiated by the licensee, when the licensee decides to take a temporary break from operating a licensed child care center due to personal circumstances, such as a pregnancy. The licensee contacts the licensing specialist and identifies the dates when the facility will be closed and the reason for closure. This information is then documented in a Notice of Voluntary Temporary Closure of Child Care Center. It is signed by both the licensee and the licensing specialist, posted at the center, and recorded in WISCCRS.
The second type of temporary closure is initiated by BECR. It is an agreement required of the licensee by BECR specifying that the center will temporarily close in lieu of BECR issuing a summary suspension. This closure agreement is sometimes executed while an investigation is being conducted by law enforcement and/or child protective services that may implicate the licensee, a household member or a staff person. These closures usually involve allegations that there has been child abuse or neglect at the facility. The licensee signs an agreement that the center will be closed, that no children will be in care during the closure period, and that the center will not reopen until BECR permits it to reopen. A temporary closure agreement may not be necessary if the licensee agrees, in writing, that the person who is the subject of a child protective services or other investigation: (1) will not be present on the center premises at any time when the center is open or any other time as necessary to protect the public health, safety,or welfare; or (2) that the person will not work in a caregiver capacity or have other direct contact with children at the center. The agreement is recorded in WISCCRS. Without such an agreement, or in violation of the agreement, a summary suspension is issued. This type of temporary closure is voluntary and not an enforcement action subject to appeal as provided in Wis. Stat. § 48.72.
The third type of temporary closure is a two-week suspension of the license. This is an enforcement action imposed by BECR and authorized under Wis. Stat. § 48.715(3)(b), termed a Temporary Suspension of License. BECR has the authority to temporarily suspend a probationary or regular license for not more than two weeks, to allow the licensee time to make necessary corrections to achieve compliance with the administrative rules. A temporary suspension of the license is issued when rule violations are serious enough to require immediate correction and there is a reasonable expectation that the corrections can and will be achieved within a two-week time frame. This enforcement action, though rarely issued, is most often initiated to address unacceptable conditions of the child care premises. The licensee must cease accepting any child for care during the two-week license suspension period. Temporary license suspensions are enforcement actions subject to appeal through an administrative hearing, as provided for in Wis. Stat. § 48.72. This type of closure is briefly described in Section 4 below and in greater detail in the Temporary Suspension of License chapter in the Enforcement Actions section of this manual.
This page last updated 10/2019.