Chapter DCF 250

DCF 250.11 DCF 250.11 Licensing administration.

DCF 250.11(1) (1) Licensing requirement. If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.

DCF 250.11(2) (2) General conditions for approval of license.

DCF 250.11(2)(a) (a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.

DCF 250.11(2)(am) (am) An applicant for a license to operate a family child care center shall be an individual.

DCF 250.11(2)(ar) (ar) A person may not be issued a license to operate more than 2 family child care centers, unless the license for each center was issued prior to March 1, 2023.

DCF 250.11(2)(b) (b) 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 fines or forfeitures.

DCF 250.11(2)(c) (c) Persons licensed to operate a family 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 family child care center. A determination that a person is 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 the abuse or neglect results in a criminal charge or conviction.

DCF 250.11(2)(d) (d) The department shall issue a family 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.

DCF 250.11 Note Note: See DCF 250.03 (11) for the definition of “fit and qualified.”

DCF 250.11(2)(e) (e) 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 may 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 certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.

DCF 250.11(2)(f) (f) The department may deny or revoke the license if the examination specified under par. (e) gives the department reasonable concern for the care of children.

DCF 250.11(2)(g) (g) 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 prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.

DCF 250.11(2)(h) (h) The department shall consider a licensee who fails to submit any of the materials described in sub. (4) or (5) by the expiration or continuation date of a license to have surrendered the license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.

DCF 250.11(3) (3) Initial application for a probationary license.

DCF 250.11(3)(a) (a) An applicant for a license shall have obtained pre-licensing technical assistance that results in a completed initial licensing study checklist from a representative of the department prior to submitting an application for a license.

DCF 250.11 Note Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate regional office in Appendix A. The Department will provide the application form to an applicant upon completion of the pre-licensing technical assistance.

DCF 250.11 Note Note: 2. An initial licensing study checklist includes a list of those 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 the appropriate regional office in Appendix A.

DCF 250.11(3)(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 250.11(3)(c) (c) An applicant for an initial license shall include all the following with the application form:

DCF 250.11(3)(c)1. 1. The license fee required 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.

DCF 250.11(3)(c)2. 2. A completed background check request form for the applicant and, if the center will be located in a residence, any household member 10 years of age and above, and any applicable fees.

DCF 250.11(3)(c)3. 3. A statement from a representative of the department that details the results of any pre-licensing technical assistance.

DCF 250.11(3)(c)4. 4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.

DCF 250.11(3)(c)5. 5. Results of a water test if the center has a private well.

DCF 250.11(3)(c)6. 6. Results of a vehicle safety inspection if the center will transport children.

DCF 250.11(3)(c)6m. 6m. Documentation of liability insurance on a vehicle used to transport children, as required under s. DCF 250.08 (5) (c).

DCF 250.11(3)(c)7. 7. Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

DCF 250.11(3)(c)8. 8. A copy of all center policies as specified under s. DCF 250.04 (2) (e).

DCF 250.11(3)(c)9. 9. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

DCF 250.11(3)(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 250.11(3)(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 250.11(3)(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 250.11(4) (4) Obtaining a regular license.

DCF 250.11(4)(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 250.11(4)(a)1. 1. A completed license application.

DCF 250.11(4)(a)3. 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) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats.

DCF 250.11(4)(a)4. 4. Any changes to center policies, if not previously submitted.

DCF 250.11(4)(a)5. 5. Results of a water test if the center has a private well.

DCF 250.11(4)(a)6. 6. Results of a vehicle safety inspection if the center will transport children.

DCF 250.11(4)(a)6m. 6m. Documentation of liability insurance on a vehicle used to transport children as required under s. DCF 250.08 (5) (c).

DCF 250.11(4)(a)7. 7. Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

DCF 250.11(4)(a)8. 8. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

DCF 250.11(4)(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 the applicant a regular license.

DCF 250.11(5) (5) Continuing a regular license.

DCF 250.11(5)(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 250.11(5)(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 250.11(5)(b)1. 1. A completed license continuation application.

DCF 250.11(5)(b)3. 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 forfeitures under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any unpaid penalties under s. 48.76, Stats.

DCF 250.11(5)(b)4. 4. Any changes to center policies, if not previously submitted.

DCF 250.11(5)(b)5. 5. Results of a water test if the center has a private well.

DCF 250.11(5)(b)6. 6. Results of a vehicle safety inspection if the center will transport children.

DCF 250.11(5)(b)6m. 6m. Documentation of liability insurance on a vehicle used to transport children required under s. DCF 250.08 (5) (c).

DCF 250.11(5)(b)7. 7. Documentation of the liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

DCF 250.11(5)(b)8. 8. Any other materials determined by the department as necessary to complete the department’s licensing investigation.

DCF 250.11(5)(c) (c) If the department determines that the licensee 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 the applicant a regular license. Regular licenses shall be reviewed and continued for a 2-year period.

DCF 250.11(6) (6) Amending a license.

DCF 250.11(6)(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 250.11(6)(a)1. 1. A change in the number of children served.

DCF 250.11(6)(a)2. 2. The age range of the children.

DCF 250.11(6)(a)3. 3. The hours of the center’s operation.

DCF 250.11(6)(a)4. 4. The days of the week the center is in operation.

DCF 250.11(6)(a)5. 5. The months of the year the center is in operation.

DCF 250.11(6)(a)6. 6. The name of the center.

DCF 250.11(6)(b) (b) A licensee may not make a change that affects a condition of the license identified under par. (a) without the prior written approval of the department.

DCF 250.11(6)(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 250.11 Note Note: The department’s form CFS-0067, Initial License Application – Family Child Care Centers, is used to apply for a new license. The department will provide an application prior to the continuation date for a new license.

DCF 250.11(7) (7) Additional license. A licensee applying for a license for an additional center location shall demonstrate compliance with this chapter in the operation of any 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 250.11(8) (8) License denial or revocation.

DCF 250.11(8)(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 the license if the applicant or licensee, a proposed or current employee, a volunteer, a household member or any other person having regular contact with the children is, has or has been any of the following:

DCF 250.11(8)(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 250.11(8)(a)2. 2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.

DCF 250.11(8)(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 250.11(8)(a)4. 4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

DCF 250.11(8)(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 250.11(8)(a)6. 6. Had a child care license or certification revoked or denied within the last 5 years.

DCF 250.11(8)(a)7. 7. Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

DCF 250.11(8)(a)8. 8. Made false statements or withheld information.

DCF 250.11(8)(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. (2).

DCF 250.11 Note Note: See s. DCF 250.03 (11) for the definition of “fit and qualified.” Examples of charges, actions or offenses the Department will consider when making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to 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; and interfering with the custody of a child. This list is illustrative. Other types of offenses may be considered.

DCF 250.11(8)(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 250.11(8)(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 250.11(9) (9) Effect of notice to deny or revoke a license.

DCF 250.11(9)(a) (a)

DCF 250.11(9)(a)1. 1. If the department decides under sub. (8) 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 250.11(9)(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 department notice in subd. 1., based on the criteria under s. 48.715 (4m) (a) and (b), Stats., unless the decision is appealed under sub. (11).

DCF 250.11(9)(b) (b) Upon receipt of the notice in par. (a) and during any revocation or denial procedures that may result, a family 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 the written approval of the department.

DCF 250.11(10) (10) Summary suspension of a license.

DCF 250.11(10)(a) (a) Under the authority of s. 227.51 (3), Stats., the department shall summarily suspend a license and close a family 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: