Current through August 26, 2024
(1) GENERAL
CONDITIONS FOR APPROVAL OF LICENSE.
(a) A
facility that provides care on a regular basis to 9 or more children under the
age of 7 years shall be deemed to be providing care for compensation and shall
be licensed as a group child care center.
(b) Prior to receiving a license, an
applicant for a license under this chapter shall complete all application forms
truthfully and accurately and pay all fees and forfeitures due to the
department.
(c) The department may
refuse to issue or continue a license if another center operated by the
licensee is in substantial non-compliance with the licensing rules or has any
outstanding fine or forfeitures.
(d) Persons licensed to operate a group child
care center shall be responsible, mature individuals who are fit and qualified.
In determining whether an applicant is fit and qualified, the department shall
consider any history of civil or criminal violations or other offenses
substantially related to the care of children by the applicant, owner, manager,
representative, employee, center resident or other individual directly or
indirectly participating in the operation of the group child care center. A
determination of being unfit and unqualified includes substantiated findings of
child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch.
50, Stats., or under similar statutes in another state or territory whether or
not it results in a criminal charge or conviction.
(e) The department shall issue a group child
care license to an applicant within 60 working days after receipt and
department approval of a properly completed application, satisfactory
department investigation and determination that the applicant is fit and
qualified. Continued licensure requires a licensee to remain fit and
qualified.
(f) If the department
has reason to believe that the physical or mental health of any person
associated with the care of children at the center or any household resident of
the center might endanger children in care, the department may require that a
written statement be submitted by a physician or, if appropriate, by a licensed
mental health professional that shall certify the condition of the individual
and the possible effect of that condition on the group child care center or the
children in care.
(g) The
department may deny or revoke the license if the examination specified under
par. (f) gives the department reasonable concern for the care of
children.
(h) The department may
not process an application for a license if the applicant has had a license or
certification to operate a child care center revoked or denied within the last
2 years. An applicant is deemed ineligible to submit an application for a
license and a licensee may not hire an employee within 2 years from the date an
applicant or employee had a child care license revoked or denied.
(i) The department shall consider a licensee
who fails to submit any of the materials described in sub. (3) or (4) by the
expiration or continuation date of a license to have surrendered his or her
license and to no longer hold title to the license. The former licensee may not
continue to operate the child care center.
(2) INITIAL APPLICATION FOR A PROBATIONARY
LICENSE.
(a) An applicant for a license shall
participate in pre-licensing technical assistance towards the completion of the
initial licensing study checklist with a representative of the department prior
to submitting an application for a license.
Note: 1. Information on how to obtain
pre-licensing technical assistance is available from the appropriate Division
of Early Care and Education regional office in Appendix A. The department will
provide the application form to a license applicant upon completion of the
pre-licensing technical assistance.
2. An initial licensing study checklist includes a list of
those licensing rules that must be met before a license can be issued. A copy
of the checklist is available from a representative of the department or from
the appropriate regional office in Appendix A.
(b) An applicant for a license shall submit
an application at least 60 days before the date proposed for the center to
begin operating.
(c) An applicant
for an initial license shall include all the following with the application
form:
1. The license fee required under s.
48.65(3) (a),
Stats.
2.
a. A background check request form completed
by the applicant.
b. If the
applicant is a limited liability company, background check request forms
completed by all members of the limited liability company.
c. If the center is or will be located in a
residence, background check request forms completed by all household members 10
years of age and above.
3. A statement from a representative of the
department that details the results of any pre-licensing technical
assistance.
4. A statement from the
applicant that indicates the center is in compliance with all applicable items
in this chapter.
5. A copy of all
the policies required under s. DCF 251.04 (2) (h) and a completed copy of the
group child care policy checklist provided by the department.
Note: Information on how to obtain a copy of the
Group Child Care Policy Checklist is available on the department's website,
http://dcf.wisconsin.gov, or from
any regional licensing office in Appendix A.
5g. The articles of incorporation and by-laws
if the licensee is organized as a corporation, association or cooperative. If
the licensee is a limited liability company, articles of organization and the
operating agreement, if applicable, shall be submitted.
5r. A written delegation of administrative
authority signed by the licensee. The delegation of administrative authority
shall describe the organizational structure of the center and identify by
position or name, those persons on the premises who are in charge of the center
for all hours of operation.
5u.
Results of water tests if the center has a private well.
5x. Results of a vehicle safety inspection if
the center will transport children.
6. Any other materials determined by the
department as necessary to complete the department's licensing
investigation.
(d) Upon
submission of a complete application, the department shall conduct an
investigation to determine whether the applicant is eligible for a
license.
(e) If the department
determines that the applicant is eligible for a license, the department shall
issue a probationary license having a 6-month duration. A probationary license
may be renewed for one 6-month period.
(f) If the department determines that an
application does not comply with the applicable requirements of this chapter or
the department's investigation determines that the applicant is not eligible
for a license, the department may deny the application.
(3) OBTAINING A REGULAR LICENSE.
(a) At least 30 days before the expiration
date of a probationary license, an applicant for license renewal shall submit
to the department the following materials:
1.
A completed license application.
3.
The license renewal fee under s.
48.65(3) (a),
Stats., applicable fees for child care background checks, and any unpaid
forfeiture under s. 48.715(3) or
49.155(7m) (a)3, Stats., and any penalty under s.
48.76, Stats.
4. Any changes to center policies, if not
previously submitted.
5. Any
changes to the delegation of administrative authority if not previously
submitted.
6. Any other materials
determined by the department as necessary to complete the department's
licensing investigation.
(b) If the department determines that the
applicant has met the minimum requirements for a license under this chapter,
and if the applicant has paid the applicable fees under ss.
48.65 and
48.686, Stats., any unpaid
forfeiture under s. 48.715(3) (a) or 49.155(7m) (a)3, Stats., and any unpaid penalty under s.
48.76, Stats., the department
shall issue a regular license.
(4) CONTINUING A REGULAR LICENSE.
(a) A regular license shall be valid
indefinitely, unless suspended or revoked by the department or surrendered by
the licensee. The department shall review a regular license every 2 years after
the date of issuance.
(b) At least
30 days before the continuation review date of the license, an applicant for
license renewal shall submit to the department the following materials:
1. A completed license continuation
application.
3. The license renewal
fee under s. 48.65(3) (a),
Stats., applicable fees for child care background checks under s.
48.686, Stats., any unpaid
forfeiture under s. 48.715(3) or
49.155(7m) (a)3, Stats., and any unpaid penalty under s.
48.76, Stats.
4. Any changes to center policies, if not
previously submitted.
5. Any
changes to the delegation of administrative authority if not previously
submitted.
5g. Results of water
tests if the center has a private well.
5r. Results of a vehicle safety inspection if
the center will transport children.
6. Any other materials determined by the
department as necessary to complete the department's licensing investigation.
Note: The department will supply a copy of the
form, License Application - Group Child Care Centers, prior to the continuation
date of the license.
(c) If the department determines that the
applicant has met the minimum requirements for license under this chapter, has
paid the applicable fees under ss.
48.65 and
48.686, Stats., any unpaid
forfeiture under s. 48.715(3) (a) or 49.155(7m) (a)3, Stats., and any unpaid penalty under s.
48.76, Stats., the department
shall continue the license for an additional 2 years.
(5) AMENDING A LICENSE.
(a) A licensee shall submit to the department
a written request for an amendment to the license if the licensee wishes to
change any of the following aspects of the license:
1. A change in the licensed capacity of the
center.
2. The age range of the
children.
3. The hours of the
center's operation.
4. The days of
the week the center is in operation.
5. The months of the year the center is in
operation.
6. The name of the
center.
(b) A licensee
may not make a change that affects a condition of the license under par. (a)
without the prior written approval of the department.
(c) A licensee may not move the center to a
new location or change ownership of the center without notifying the department
at least 30 days prior to the change. A new application and license is required
when a center moves or changes ownership.
Note: The department's form, License Application
- Group Child Care Centers, is used to apply for a new license. The department
will provide an application when notified by the licensee that the center will
move to a new location.
(d)
A licensee proposing to increase the licensed capacity of a center shall
demonstrate compliance with this chapter in the operation of the existing
center and compliance with rules for any other facility licensed by the
department and operated by the licensee.
(6) ADDITIONAL LICENSE. A licensee applying
for a license for an additional center location shall demonstrate compliance
with this chapter in the operation of the existing center he or she operates
and compliance with rules for any other facility licensed by the department and
operated by the licensee. The licensee shall pay any fines, forfeitures or
other fees due and owing under s.
48.715, Stats., or s.
48.65, Stats., on other
facilities licensed by the department before the department issues an
additional license.
(7) LICENSE
DENIAL OR REVOCATION.
(a) The department may
deny, revoke or suspend a license, initiate other enforcement actions specified
in this chapter or in ch. 48, Stats., or place conditions on a license if the
applicant or licensee, a proposed or current employee, a volunteer or any other
person having regular contact with the children, has or has been any of the
following:
1. The subject of a pending
criminal charge for an action that substantially relates to the care of
children or activities of the center.
2. Convicted of a felony, misdemeanor or
other offense or action that substantially relates to the care of children or
activities of the center.
3.
Determined to have abused or neglected a child pursuant to s.
48.981, Stats., or has been
determined to have committed an offense which substantially relates to the care
of children or the activities of the center.
4. The subject of a substantiated finding of
misconduct in the department's nurse aide registry under s. DHS 129.10.
5. The subject of a court
finding that the person has abandoned his or her child, has inflicted sexual or
physical abuse on a child or has neglected or refused, for reasons other than
poverty, to provide necessary care, food, clothing, medical or dental care or
shelter for his or her child or ward or a child in his or her care so as to
seriously endanger the physical health of the child.
6. Had a child care license or certification
revoked or denied within the last 5 years.
7. Violated any provision of this chapter or
ch. 48, Stats., or fails to meet the minimum requirements of this
chapter.
8. Made false statements
or withheld information.
Note: Examples of charges and offenses the
department will consider in making a determination under this paragraph that an
act substantially relates to the care of children are: abuse or neglect of a
child; sexual assault; abuse of a resident of a facility; a crime against life
and bodily security; kidnapping; abduction; arson of a building or of property
other than a building; robbery; receiving stolen property from a child; a crime
against sexual morality, such as enticing a minor for immoral purposes or
exposing a minor to harmful materials; and interfering with the custody of a
child. The list is illustrative. Other types of offenses may be
considered.
(b)
The department may deny, revoke, refuse to renew or suspend a license, initiate
other enforcement actions specified in this chapter or in ch. 48, Stats., or
place conditions on the license if the applicant or licensee is not fit and
qualified as determined under sub. (1).
Note: See DCF 251.03 (11g) for the definition of
"fit and qualified." Examples of charges, actions or offenses the department
will consider in making a determination under this paragraph that an act
substantially relates to the care of children include the following: abuse or
neglect of a child; sexual assault; abuse of a resident of a facility; a crime
against life and bodily security; kidnapping; abduction; arson of a building or
of property other than a building; robbery; receiving stolen property from a
child; a crime against sexual morality, such as enticing a minor for immoral
purposes or exposing a minor to harmful materials, interfering with the custody
of a child. The list is illustrative. Other types of offenses may be
considered.
(c) The
department shall deny or refuse to continue or revoke a license if the
applicant or licensee has failed to pay court-ordered payments of child or
family support, maintenance, birth expenses, medical expenses or other expenses
related to the support of a child or former spouse or for the failure of the
applicant or licensee to comply, after appropriate notices, with a subpoena or
warrant issued by the department or a county child support agency under s.
59.53(5),
Stats., and related to paternity or child support proceedings, as provided in a
memorandum of understanding entered into under s.
49.857, Stats. Notwithstanding
s. 48.72, Stats., an action taken
under this subsection is subject to review only as provided in the memorandum
of understanding entered into under s.
49.857, Stats., and not as
provided in s. 48.72, Stats.
(d) The department shall deny an application
for the issuance or continuation of a license or revoke a license if the
department of revenue certifies under s.
73.0301, Stats., that the
applicant or licensee is liable for delinquent taxes. An action taken under
this subsection is subject to review only as provided under s.
73.0301(5),
Stats., and not as provided in s.
48.72,
Stats.
(8) EFFECT OF
NOTICE TO DENY OR REVOKE A LICENSE.
(a)
1. If the department decides under sub. (7)
to deny the grant of a license or to revoke a license, the department shall
notify the applicant or licensee in writing of its decision and the reasons for
that decision.
2. If the department
revokes a license, the effective date of the revocation shall be either
immediately or 30 days after the date of the notice, based on the criteria
under s. 48.715(4m) (a) and (b), Stats., unless the decision is appealed
under sub. (10).
(b) Upon
receipt of the notice in par. (a) and during any revocation or denial
procedures that may result, a group child care center may not accept for care
any child not enrolled and in care as of the date of receipt of the notice
without written approval of the department.
(9) SUMMARY SUSPENSION OF A LICENSE.
(a) Under the authority of s.
227.51(3),
Stats., the department shall summarily suspend a license and close a group
child care center when the department finds that the public health, safety or
welfare requires emergency action and incorporates a finding to that effect
into its order. A finding of a requirement for summary suspension of the
license may be based on any of the following:
1. Failure of the licensee to provide
environmental protections for the children, such as heat, water, electricity or
telephone service.
2. 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.
3.
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.
4. 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 s.
48.981, Stats., or has been
determined by a child protective services agency or law enforcement agency to
have abused or neglected a child.
5. 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.
(b) An order
summarily suspending a license and closing a group child care center may be a
verbal order by a licensing representative of the department. Within 72 hours
after the order takes effect, the department shall either permit the reopening
of the center or proceed under sub. (7) or (8) to revoke the license. A
preliminary hearing shall be conducted by the department of administration's
division of hearings and appeals, within 10 working days after the date of the
initial order to close, on the issue of whether the license shall remain
suspended during revocation proceedings.
(10) APPEAL OF DECISION TO DENY OR REVOKE A
LICENSE. Any person aggrieved by the department's decision to deny a
probationary or regular license or to revoke a license may request a hearing on
that decision under s.
227.42, Stats. The request for a
hearing shall be in writing and submitted to the department of administration's
division of hearings and appeals. The request for a hearing shall be sent to
the division of hearings and appeals within 10 days after the date of the
notice under sub. (8).
A request for a hearing may be mailed to Division of
Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to (608)
264-9885. A copy of the request should be sent to the appropriate regional
licensing office listed in Appendix A.
