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 NoteNote: 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 HistoryHistory: 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 251.12DCF 251.12Complaints, inspections and enforcement actions.
DCF 251.12(1)(1)Complaints.
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 NoteNote: A complaint should be sent, phoned or delivered to the appropriate Division of Children and Family Services regional office listed in Appendix A.
DCF 251.12(1)(b)(b) The licensee may not discharge an employee because that employee has reported violations of this chapter to the representative of the department.
DCF 251.12(2)(2)Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any group 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 group child care center’s compliance with this chapter.
DCF 251.12(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 251.12 HistoryHistory: Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: renum. from HFS 46.13 and r. and recr. 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), eff. 1-30-19; CR 19-089: r. and recr. (2) Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (3) Register July 2020 No. 775, eff. 8-1-20.
DCF 251.13DCF 251.13Programs established or contracted for by school boards.
DCF 251.13(1)(1)A child care program established or contracted for by a school board under s. 120.13 (14), Stats., shall comply with the applicable standards for group child care centers under this chapter.
DCF 251.13(2)(2)The department shall annually inspect each child care program established or contracted for by a school board under s. 120.13 (14), Stats., that receives payment under s. 49.155, Stats., for the child care provided, and document in writing whether or not the child care program complies with this chapter.
DCF 251.13 HistoryHistory: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.