Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 250 - Family Child Care Centers › Section DCF 250.11 - Licensing administration

Current through June 24, 2024
(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.
(2) GENERAL CONDITIONS FOR APPROVAL OF
				LICENSE.
(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.
(am) An applicant for a license to operate a
				family child care center shall be an individual.
(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.
(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.
(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.
(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.
Note:
See DCF 250.03 (11) for the definition of
				  "fit and qualified."
(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.
(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.
(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.
(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.