Chapter DCF 250

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:

DCF 250.11(10)(a)1. 1. Failure of the licensee to provide environmental protections for the children, such as heat, water, electricity or telephone service.

DCF 250.11(10)(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 250.11(10)(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 which substantially relates to the care of children or activities of the center or has a pending charge which substantially relates to the care of children or activities of the center.

DCF 250.11(10)(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 250.11(10)(a)5. 5. The licensee or a person under the supervision of the licensee 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 250.11(10)(b) (b) An order summarily suspending a license and closing a family 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 subs. (8) or (9) 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 250.11(11) (11) Appeal of decision to deny or revoke a license. Any person aggrieved by the department’s decision to deny an initial license or the renewal of a 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. (9).

DCF 250.11 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 [phone]. A copy of the request should be sent to the appropriate regional licensing office listed in Appendix A.

DCF 250.11 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (8) (a) 4. and (c) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (g), (h), (8) (a) and (11) (a), renum. (3) (c) 5. to be (3) (c) 9., cr. (3) (c) 5., 6., 7., 8., (4) (a) 5., 6., 7., 8., (5) (b) 5., 6., 7. and 8., r. and recr. (4) (a) 2. and (5) (b) 2. Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (c) 7., 8., (4) (a) 2., 7., (5) (b) 2. and 7. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. cr. (2) (am), am. (3) (c) 1., 2., cr. (3) (c) 6m., r. (4) (a) 2., am. (4) (a) 3., cr. (4) (a) 6m., am. (4) (b), (5) (a), r. (5) (b) 2., am. (5) (b) 3., cr. (5) (b) 6m., am. (5) (c), cr. (5) (d), am. (9) (b), renum. (11) (a) to (11), r. (11) (b) to (d), eff. 1-30-19; CR 19-089: cr. (2) (am), am. (3) (c) 1., 2., cr. (3) (c) 6m., r. (4) (a) 2., am. (4) (a) 3., cr. (4) (a) 6m., am. (4) (b), (5) (a), r. (5) (b) 2., am. (5) (b) 3., cr. (5) (b) 6m., am. (5) (c), cr. (5) (d), r. (5) (d), am. (9) (b), renum. (11) (a) to (11), r. (11) (b) to (d) Register March 2020 No. 771, eff. 4-1-20, except r. (5) (d), eff. 10-1-21; correction in (5) (a) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-100: cr. (2) (ar), am. (11) Register February 2023 No. 806, eff. 3-1-23.

DCF 250.12 DCF 250.12 Complaints, inspections and enforcement actions.

DCF 250.12(1) (1) Complaints.

DCF 250.12(1)(a) (a) Anyone having a complaint about a licensed or illegally operating family 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 250.12 Note Note: A complaint should be sent, phoned or delivered to the appropriate Division of Early Care and Education regional office listed in Appendix A.

DCF 250.12(1)(b) (b) The licensee may not discharge an employee because the employee has reported violations of this chapter to the licensing representative.

DCF 250.12(2) (2) Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any family child care center at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises identified in the license, including access to children in care, staff and child records, and any other materials or individuals with information on the family child care center’s compliance with this chapter.

DCF 250.12(3) (3) Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.686, 48.715, or 48.76, Stats.

DCF 250.12 History History: CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; CR 14-028: renum. (2) to (2) (a), cr. (2) (b) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg., r. and recr. (2), am. (3), eff. 1-30-19; CR 19-089: r. and recr. (2), am. (3) Register March 2020 No. 771, eff. 4-1-20; (2) (title) created under s. 13.92 (4) (b) 2., Stats., Register March 2020 No. 771.