Alert! This chapter may be affected by an emergency order or an emergency rule:
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) (5)Amending a license.
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)(a)1. 1. A change in the licensed capacity of the center.
DCF 251.11(5)(a)2. 2. The age range of the children.
DCF 251.11(5)(a)3. 3. The hours of the center's operation.
DCF 251.11(5)(a)4. 4. The days of the week the center is in operation.
DCF 251.11(5)(a)5. 5. The months of the year the center is in operation.
DCF 251.11(5)(a)6. 6. The name of the center.
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) (7)License denial or revocation.
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)4. 4. The subject of a substantiated finding of misconduct in the department's nurse aide registry under s. DHS 129.10.
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(7)(a)8. 8. Made false statements or withheld information.
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) (8)Effect of notice to deny or revoke a license.
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) (9)Summary suspension of a license.
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). A request for a hearing is considered filed upon its receipt by the division of hearings and appeals. A request for a hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
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.
DCF 251.12 DCF 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 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.
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. 48.685, 48.715 or 48.76, Stats.
DCF 251.12 History History: 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.
DCF 251.13 DCF 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 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.