Current through August 26, 2024
(1) A certification
agency may deny, suspend, revoke, refuse to renew certification, issue a
warning of enforcement, initiate other enforcement actions specified in this
chapter, or place conditions on the certification if any of the following
apply:
(a) The child care operator is not in
compliance with this chapter, ch. DCF 13, s.
48.686,
Stats., or conditions on the certification.
(b) The certification agency determines there
is danger to the health, safety, or welfare of the children in care.
(c) The court, department, certification
agency, or local agency that administers the child care subsidy program
determines that a certified child care operator has done any of the following:
1. Misrepresented or withheld
information.
2. Submitted false or
misleading information.
3. Failed
to comply with the terms of the child care subsidy program.
(d) The child care operator fails
to cooperate with the department or certification agency.
(e) The applicant's license or certificate to
care for children or adults has been denied or revoked.
(f) The child care operator or other provider
denies the child care certification worker access to the premises or children's
records to monitor compliance with the certification standards.
(g) The evaluation under s.
DCF 202.04(3) (c)
3. gives the certification agency reasonable
concern that the person's physical or mental health may endanger children in
care.
(h) The certification agency
has determined the applicant or operator is not fit and qualified.
(2) A certification agency may not
approve a child care certification or approve an employee, volunteer or other
provider, if the department determines that the applicant or operator, or other
person subject to the child care background check is ineligible, unless the
determination of ineligibility is overturned on appeal under s.
48.686(4s),
Stats.
(3) A certification agency
shall suspend certification if the operator, or other individual subject to the
child care background check, is the subject of a pending charge for a serious
crime under s.
48.686(1) (c), Stats.
(4) A certification agency shall require a
child care operator to submit a new application for certification if the
operator's previous certification was denied, revoked, or not renewed for a
reason specified in this section.
(5) A certification agency may refuse to
accept a new application for 2 years after the date of a denial, revocation, or
refusal to renew the certification. An applicant may appeal the refusal
decision as specified under sub. (6).
(6)
(a) If
a certification agency denies, suspends, revokes, or refuses to renew a
certification, the certification agency shall notify the child care applicant
or operator in writing and give reasons for the action.
(b) An action described in par. (a) may be
appealed as follows:
1. An action of a county
department may be appealed under ch. 68, Stats., which provides for
administrative review of the decisions of local agencies.
2. An action of a tribal agency may be
appealed to the tribal agency, which shall use an appeal process equivalent to
the process in ch. 68, Stats.
3. In
a county with a population of 750,000 or more, the certification agency's
action may be appealed under ch. 227, Stats.
(7) If a certified child care operator
violates the provisions of this chapter, ch. DCF 13, or s.
48.686,
Stats., the certification agency shall document the violations and, if
appropriate, require the operator to submit a plan of correction for violation
in writing and may impose any or all of the following:
(a) Forbid the operator to enroll any new
children until all violations have been corrected.
(b) Issue a warning of revocation or
suspension in writing.
(c) Place
conditions on the certification.
(d) Except as provided under sub. (3),
suspend the operator's certification for not more than 60 days. The
certification agency shall either reinstate or revoke the certification by the
date that the suspension expires.
