Section DCF 202.06 - Enforcement actions and conditions(1) A certification agency may deny, suspend, revoke, refuse to renew certification, issue a warning of enforcement, initiate other enforcement actions specified in this chapter, or place conditions on the certification if any of the following apply: (a) The child care operator is not in compliance with this chapter, ch. DCF 13, s. 48.686, Stats., or conditions on the certification.(b) The certification agency determines there is danger to the health, safety, or welfare of the children in care.(c) The court, department, certification agency, or local agency that administers the child care subsidy program determines that a certified child care operator has done any of the following: 1. Misrepresented or withheld information.2. Submitted false or misleading information.3. Failed to comply with the terms of the child care subsidy program.(d) The child care operator fails to cooperate with the department or certification agency.(e) The applicant's license or certificate to care for children or adults has been denied or revoked.(f) The child care operator or other provider denies the child care certification worker access to the premises or children's records to monitor compliance with the certification standards.(g) The evaluation under s. DCF 202.04(3) (c) 3. gives the certification agency reasonable concern that the person's physical or mental health may endanger children in care.(h) The certification agency has determined the applicant or operator is not fit and qualified.(2) A certification agency may not approve a child care certification or approve an employee, volunteer or other provider, if the department determines that the applicant or operator, or other person subject to the child care background check is ineligible, unless the determination of ineligibility is overturned on appeal under s. 48.686(4s), Stats.(3) A certification agency shall suspend certification if the operator, or other individual subject to the child care background check, is the subject of a pending charge for a serious crime under s. 48.686(1) (c), Stats.(4) A certification agency shall require a child care operator to submit a new application for certification if the operator's previous certification was denied, revoked, or not renewed for a reason specified in this section.(5) A certification agency may refuse to accept a new application for 2 years after the date of a denial, revocation, or refusal to renew the certification. An applicant may appeal the refusal decision as specified under sub. (6).(6)(a) If a certification agency denies, suspends, revokes, or refuses to renew a certification, the certification agency shall notify the child care applicant or operator in writing and give reasons for the action.(b) An action described in par. (a) may be appealed as follows: 1. An action of a county department may be appealed under ch. 68, Stats., which provides for administrative review of the decisions of local agencies.2. An action of a tribal agency may be appealed to the tribal agency, which shall use an appeal process equivalent to the process in ch. 68, Stats.3. In a county with a population of 750,000 or more, the certification agency's action may be appealed under ch. 227, Stats.(7) If a certified child care operator violates the provisions of this chapter, ch. DCF 13, or s. 48.686, Stats., the certification agency shall document the violations and, if appropriate, require the operator to submit a plan of correction for violation in writing and may impose any or all of the following: (a) Forbid the operator to enroll any new children until all violations have been corrected.(b) Issue a warning of revocation or suspension in writing.(c) Place conditions on the certification.(d) Except as provided under sub. (3), suspend the operator's certification for not more than 60 days. The certification agency shall either reinstate or revoke the certification by the date that the suspension expires.Wis. Admin. Code Department of Children and Families DCF 202.06
Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.60, Register, July, 1999, No. 523, eff. 8-1-99; CR 02-007: renum. and am. s. DWD 55.06 to be sub. (4), cr. (1) (d), (e), (g), (h), (2) and (3) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (1) (intro.), (a), (b), (d), (e), (g), (h) and (2) to (4), cr. (1) (i) and (j) Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (a), (j), (2) and (3) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.Amended by, 2015 Wis. Act 132: am. (1) (intro.), (c), (e), (j), (2), (4) Register February 2016 No. 722, eff.3/1/2016Amended by, EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4/1/2020