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Administrative
Rules - Administrative rules are regulations which have the
effect of law and have been issued to interpret and implement statutory
requirements. DCF 250 and DCF
251 are the pertinent administrative rules governing licensed group and
family child care. DCF
252 is the administrative rule governing Day Camps.
Appeal
Decision - A licensee may
appeal an enforcement action imposed by the Department of Children and
Families (DCF) to the Department of Administration, Division of Hearings
and Appeals. Following the
appeal hearing, the Division of Hearings and Appeals may either support
the enforcement action taken by the DCF or support the licensee's
position.
Complaint
- A complaint is an allegation of a violation of administrative
rules and laws related to licensed child care facilities that requires an
investigation and, if confirmed as true, appropriate follow-up action.
The Department of Children and Families (DCF) investigates
complaints within its regulatory authority related to licensed or
illegally operating facilities. Complaints
alert the DCF to possible problems at facilities that may not be apparent
during routine monitoring visits. When
a complaint investigation is completed, the DCF must reach one of two
findings for each alleged violation included in the complaint.
These findings are "Substantiated" or "Unsubstantiated."
Substantiated means that based on the complaint investigation, a
rule violation was issued. Unsubstantiated
means that based on the complaint investigation, a rule violation was not
issued.
Compliance
Statement (CFS-785) - A Compliance Statement (CFS-785) is a form
used by the Department of Children and Families (DCF) licensing specialists
to document when no violations (also referred to as noncompliances) were
cited for the selected administrative rules under review at the time of
the monitoring visit to the licensed facility.
This form is presented to the licensee at the conclusion of the
visit or mailed to the licensee following the visit, and must be posted
next to the child care license in an area conspicuous to the public.
Correction Plan -
Licensed centers are
expected to develop and implement an acceptable correction plan to address
all violations identified on the Statement of Noncompliance and Correction
Plan (CFS-294). The licensing
specialist verifies that the violations are corrected within the specified
timeframe, and, if the violations remain uncorrected, the licensing
specialist may take further corrective action with the center, such as an
enforcement action.
Day Camp -
A day camp is licensed under DCF 252, Wisconsin Administrative Code, to provide care and supervision to 4 or
more children 3 years of age and older in a seasonal program oriented to
the out-of-doors for periods less than 24 hours a day.
Denial - A denial is an enforcement action
taken by the Department of Children and Families (DCF) that prevents an
applicant for child care licensure from receiving a probationary or
regular license to operate. An application may be denied due to the
applicant's failure to meet the minimum standards for licensure.
The DCF may consider any action by the applicant, a household
member or by an employee of the applicant that constitutes a substantial
failure to protect and promote the health, safety and welfare of a child.
In certain circumstances, the applicant's criminal history may
prohibit licensure.
Direct
Forfeiture - Direct
forfeiture refers to an enforcement action taken by the Department of
Children and Families (DCF) that assesses a monetary penalty against a
child care licensee for an identified
administrative rule violation not associated with previously issued
orders. A direct forfeiture is
issued in the most severe circumstances where the health, safety and
welfare of children in care is threatened or when harm to a child has
occurred. A
direct forfeiture may be assessed in amounts of $10 to $1000 per day, per
violation.
Enforcement
Action - An enforcement action, authorized in Wisconsin Statute,
is a sanction or penalty that may be taken by the Department of Children
and Families (DCF) to address violations of administrative rules or laws.
Through the use of enforcement actions, such as orders and
forfeitures, the DCF can compel licensees to correct violations and come
into compliance with minimum regulatory requirements.
A licensee can dispute an enforcement action taken by the DCF by
appealing the action through the Division of Hearings and Appeals.
Family
Child Care Center - A family
child care center is licensed under DCF 250, Wisconsin Administrative
Code, to provide care and supervision to no more than eight children for
less than 24 hours a day.
Forfeiture
- A forfeiture is an
enforcement action taken by the Department of Children and Families
(DCF) that assesses a monetary penalty against a child care licensee who
violates a provision of licensure under the administrative rule.
A forfeiture may be assessed in amounts of $10 to $1000 per day,
per violation. Forfeitures are
usually issued after a provider has failed to come into compliance with an
order, but they may be issued directly for the most serious violations.
Group
Child Care Center
- A group child care center is licensed under DCF 251, Wisconsin
Administrative Code, to provide care and supervision to 9 or more children
for less than 24 hours a day.
Licensee -
Licensee refers to the corporation, individual, partnership or
non-incorporated association or cooperative which has legal and financial
responsibility for the operation of a child care center and for meeting
the requirements of the child care administrative rule.
Noncompliance
Statement and Correction Plan (CFS-294) - A Noncompliance
Statement and Correction Plan, CFS-294, is the form that is used by the
Department of Children and Families (DCF) licensing specialists to
enumerate and document all violations of administrative rules identified
in licensed facilities. The
CFS-294 alerts a facility to existing violations and requires prompt,
appropriate corrective action to safeguard the children in care.
This form is presented to the licensee at the conclusion of the
visit or mailed to the licensee following the visit, and must be posted
next to the child care license in an area conspicuous to the public.
Not
Upheld - When the Division of Hearings and
Appeals supports the licensee's appeal of an enforcement action, the
appeal decision on the Enforcement Actions page indicates "Not
Upheld", meaning the enforcement action is withdrawn.
Order -
An
order is an enforcement action issued by the Department of Children and
Families (DCF) that compels a licensee, through a formal, written
directive, to take necessary steps to comply with one or more
administrative rules. In the
case of an illegally operating center, an order to cease operation may be
issued to the person/entity operating a center illegally.
Regulatory
History - Each program licensed by the Department of Children
and Families (DCF) agrees to follow administrative rules intended to protect
the children in care. The DCF licensing specialists make periodic, unannounced on-site visits to
licensed centers, during which time the licensing specialist observes the
operation of the center and notes any violation of selected administrative
rules. Either a Statement of
Noncompliance and Correction Plan (CFS-294) that enumerates the violations
found or a Compliance Statement (CFS-785) that shows that no licensing
violations were noted is issued. These
reports must be posted next to the child care license in an area of the
center that is readily visible to parents and the public.
Regulatory history is also established
through complaint investigations conducted by the DCF licensing
specialists. The licensing
specialist may make only one or two routine monitoring visits each year,
so observations from parents and others as to what is happening at a
center is also informative. When
the DCF is alerted to potential violation(s) of administrative rule,
licensing staff conduct a thorough investigation.
If the complaint results in substantiated violations, the
violations are documented on a CFS-294.
The center is expected to take prompt corrective action.
Revocation - A revocation is the closure
of a facility by the Department of Children and Families (DCF) through
termination of the license to operate.
There are various grounds
for revocation. These include
continued violation of a provision of licensure after the imposition of a
penalty; substantial violation of a provision of licensure; certification
as tax delinquent; direct threats to the health, safety or welfare of
children in care; outstanding forfeitures; or evidence that the licensee,
a household member, an employee or a person with regular contact with
children in care has been convicted of a serious crime or is the subject
of a finding by a governmental agency of neglect or abuse of a client,
misappropriation of a client's property or child abuse or neglect.
Second Probationary License
- A second 6-month probationary license is issued to a provider
following the first six-month probationary licensing period when the
Department of Children and Families (DCF) decides to extend the
probationary period in order to ensure the provider meets the minimum
standards under the administrative rule before a regular license is
granted.
Stipulated
Agreement - A stipulated agreement is a legal contractual
agreement between the Department of Children and Families (DCF) and a
licensee of a child care center facility that sets forth specific and
unique terms and conditions for continuing licensure.
Such an agreement is sometimes used to
settle an enforcement action following a licensee's appeal of the
action. It establishes ongoing
conditions under which an applicant/licensee is permitted to hold a
license. Without such an
agreement, or in violation of the agreement, an enforcement action,
including license denial or revocation, may result.
Summary
Suspension - A summary suspension is an enforcement action taken
by the Department of Children and Families (DCF) that requires the
immediate suspension of a license and closure of a facility when the DCF finds that emergency action is required to ensure the public health,
safety or welfare.
Temporary Suspension of a
License -
A temporary suspension of a license is an enforcement action taken
by the Department of Children and Families (DCF) that temporarily suspends
a child care license for not more than two weeks.
This enforcement action requires that the licensee temporarily
close the licensed facility and cease caring for a licensable number of
children during the license suspension period while the licensee makes
necessary corrections to achieve compliance with licensing administrative
rule.
Upheld
- When
the Division of Hearings and Appeals agrees with the Department
of Children and Families (DCF)
enforcement action, the appeal decision on the
Enforcement Actions page indicates "upheld", meaning the enforcement
action remains in place.
Violation
- A violation, also
referred to as a noncompliance, is a formal, written statement that the
licensee is not complying with a specific administrative rule.
Warning
Letter - A
warning letter is not technically an enforcement action but a
pre-enforcement action, an incremental step in the progression toward an
enforcement action.
A
warning letter is used to 1) increase the impact of a Noncompliance
Statement and Correction Plan (CFS-294) issued for a serious violation(s),
for numerous violations or for a repeat violation(s); 2) report to the
licensee that telephone service to the facility is unavailable and the
consequences if the service is not restored; or 3) inform the licensee
about failed attempts to gain entrance to the facility for on-site
monitoring and the consequences should monitoring not be allowed.
The warning letter informs the licensee that failure to correct the
violation(s), admit entry or restore telephone service could, or will,
result in subsequent enforcement action.
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