DCF 251.11 Note
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.
DCF 251.11 Note
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.
DCF 251.11(2)(b)
(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.
DCF 251.11(2)(c)
(c) An applicant for an initial license shall include all the following with the application form:
DCF 251.11(2)(c)2.b.
b. If the applicant is a limited liability company, background check request forms completed by all members of the limited liability company.
DCF 251.11(2)(c)2.c.
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.
DCF 251.11(2)(c)3.
3. A statement from a representative of the department that details the results of any pre-licensing technical assistance.
DCF 251.11(2)(c)4.
4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.
DCF 251.11 Note
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.
DCF 251.11(2)(c)5g.
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.
DCF 251.11(2)(c)5r.
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.
DCF 251.11(2)(c)5x.
5x. Results of a vehicle safety inspection if the center will transport children.
DCF 251.11(2)(c)6.
6. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 251.11(2)(d)
(d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.
DCF 251.11(2)(e)
(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.
DCF 251.11(2)(f)
(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.
DCF 251.11(3)(a)
(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:
DCF 251.11(3)(a)5.
5. Any changes to the delegation of administrative authority if not previously submitted.
DCF 251.11(3)(a)6.
6. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 251.11(3)(b)
(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.
DCF 251.11(4)(a)
(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.
DCF 251.11(4)(b)
(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:
DCF 251.11(4)(b)5.
5. Any changes to the delegation of administrative authority if not previously submitted.
DCF 251.11(4)(b)5r.
5r. Results of a vehicle safety inspection if the center will transport children.
DCF 251.11(4)(b)6.
6. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 251.11 Note
Note: The department will supply a copy of the form, License Application — Group Child Care Centers, prior to the continuation date of the license.
DCF 251.11(4)(c)
(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.
DCF 251.11(5)(a)
(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:
DCF 251.11(5)(b)
(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.
DCF 251.11(5)(c)
(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.
DCF 251.11 Note
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.
DCF 251.11(5)(d)
(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.
DCF 251.11(6)
(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.
DCF 251.11(7)(a)
(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:
DCF 251.11(7)(a)1.
1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.
DCF 251.11(7)(a)2.
2. Convicted of a felony, misdemeanor or other offense or action that substantially relates to the care of children or activities of the center.
DCF 251.11(7)(a)3.
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.
DCF 251.11(7)(a)5.
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.
DCF 251.11(7)(a)6.
6. Had a child care license or certification revoked or denied within the last 5 years.
DCF 251.11(7)(a)7.
7. Violated any provision of this chapter or ch.
48, Stats., or fails to meet the minimum requirements of this chapter.
DCF 251.11 Note
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.
DCF 251.11(7)(b)
(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).
DCF 251.11 Note
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.
DCF 251.11(7)(c)
(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.
DCF 251.11(7)(d)
(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.
DCF 251.11(8)(a)1.1. 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.
DCF 251.11(8)(a)2.
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).
DCF 251.11(8)(b)
(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.
DCF 251.11(9)(a)(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:
DCF 251.11(9)(a)1.
1. Failure of the licensee to provide environmental protections for the children, such as heat, water, electricity or telephone service.
DCF 251.11(9)(a)2.
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.
DCF 251.11(9)(a)3.
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.
DCF 251.11(9)(a)4.
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.
DCF 251.11(9)(a)5.
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.
DCF 251.11(9)(b)
(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.
DCF 251.11(10)
(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).
DCF 251.11 Note
Note: 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.
DCF 251.11 History
History: Cr.
Register, January, 1997, No. 493, eff. 8-1-97; corrections in (3) (b) 1. b., 4. b., 7., (c) 1. and 2. and (7) (a) 4. made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 2001, No. 546;
CR 03-052: renum. from HFS 46.12 and r. and recr.
Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (c) 5., (7) (a) 4. and (c) made under s. 13.92 (4) (b) 6. and 7., Stats.,
Register November 2008 No. 635;
CR 07-102: am. (1) (i), (2) (c) 2., (7) (a) 2., (9) (a) 5. and (10) (a), cr. (2) (c) 5g., 5r., (3) (a) 5., 6., (4) (b) 5. and 6.
Register December 2008 No. 636, eff. 1-1-09;
EmR1918: emerg. am. (2) (c) 2., 5., 5g., r. (3) (a) 2., am. (3) (a) 3., (b), (4) (a), (b) 3., r. (4) (b) 2., am. (4) (c), (8) (b), renum. (10) (a) to (10), r. (10) (b) to (d), eff. 1-30-19;
CR 19-089: am. (2) (c) 2., 5., 5g., r. (3) (a) 2., am. (3) (a) 3., (b), (4) (a), (b) 3. r. (4) (b) 2., am. (4) (c), (8) (b), renum. (10) (a) to (10), r. (10) (b) to (d)
Register March 2020 No. 771, eff. 4-1-20;
CR 21-100: r. and recr. (2) (c) 2., cr. (2) (c) 5u., 5x., (4) (b) 5g., 5r., am. (10)
Register February 2023 No. 806, eff. 3-1-23.
DCF 251.12
DCF 251.12 Complaints, inspections and enforcement actions. DCF 251.12(1)(a)(a) Anyone having a complaint about a licensed or illegally operating group child care center may submit that complaint to the department by telephone, letter or personal interview. A representative of the department shall investigate every complaint. If requested by the complainant, the department shall provide the complainant a written report of the investigation findings.
DCF 251.12 Note
Note: A complaint should be sent, phoned or delivered to the appropriate Division of Children and Family Services regional office listed in Appendix A.
