Licensing administration

Licensing administration. (1) General conditions for approval of license. (a) A facility that provides care on a regular basis to 9 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed as a group child care center. (b) Prior to receiving a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due to the department. (c) 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 fine or forfeitures. (d) Persons licensed to operate a group 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 group child care center. A determination of being 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 it results in a criminal charge or conviction. (e) The department shall issue a group 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. (f) 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 might 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 shall certify the condition of the individual and the possible effect of that condition on the group child care center or the children in care. (g) The department may deny or revoke the license if the examination specified under par. (f) gives the department reasonable concern for the care of children. (h) 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. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care license revoked or denied. (i) The department shall consider a licensee who fails to submit any of the materials described in sub. (3) or (4) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the child care center. (2) Initial application for a probationary license. (a) An applicant for a license shall participate in pre-licensing technical assistance towards the completion of the initial licensing study checklist with a representative of the department prior to submitting an application for a license. (b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating. (c) An applicant for an initial license shall include all the following with the application form: 1. The license fee required under s. 48.65 (3) (a) , Stats. 2. a. A background check request form completed by the applicant. b. If the applicant is a limited liability company, background check request forms completed by all members of the limited liability company. c. If the center is or will be located in a residence, background check request forms completed by all household members 10 years of age and above. 3. A statement from a representative of the department that details the results of any pre-licensing technical assistance. 4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter. 5. A copy of all the policies required under s. DCF 251.04 (2) (h) and a completed copy of the group child care policy checklist provided by the department. 5g. The articles of incorporation and by-laws if the licensee is organized as a corporation, association or cooperative. If the licensee is a limited liability company, articles of organization and the operating agreement, if applicable, shall be submitted. 5r. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the center and identify by position or name, those persons on the premises who are in charge of the center for all hours of operation. 5u. Results of water tests if the center has a private well. 5x. Results of a vehicle safety inspection if the center will transport children. 6. Any other materials determined by the department as necessary to complete the department’s licensing investigation. (d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license. (e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6-month duration. A probationary license may be renewed for one 6-month period. (f) If the department determines that an application does not comply with the applicable requirements of this chapter or the department’s investigation determines that the applicant is not eligible for a license, the department may deny the application. (3) Obtaining a regular license. (a) At least 30 days before the expiration date of a probationary license, an applicant for license renewal shall submit to the department the following materials: 1. A completed license application. 3. The license renewal fee under s. 48.65 (3) (a) , Stats., applicable fees for child care background checks, and any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3. , Stats., and any penalty under s. 48.76 , Stats. 4. Any changes to center policies, if not previously submitted. 5. Any changes to the delegation of administrative authority if not previously submitted. 6. Any other materials determined by the department as necessary to complete the department’s licensing investigation. (b) If the department determines that the applicant has met the minimum requirements for a license under this chapter, and if the applicant 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 issue a regular license. (4) Continuing a regular license. (a) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance. (b) At least 30 days before the continuation review date of the license, an applicant for license renewal shall submit to the department the following materials: 1. A completed license continuation application. 3. The license renewal fee under s. 48.65 (3) (a) , Stats., applicable fees for child care background checks under s. 48.686 , Stats., any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3. , Stats., and any unpaid penalty under s. 48.76 , Stats. 4. Any changes to center policies, if not previously submitted. 5. Any changes to the delegation of administrative authority if not previously submitted. 5g. Results of water tests if the center has a private well. 5r. Results of a vehicle safety inspection if the center will transport children. 6. Any other materials determined by the department as necessary to complete the department’s licensing investigation. (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. (5) Amending a license. (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: 1. A change in the licensed capacity of the center. 2. The age range of the children. 3. The hours of the center’s operation. 4. The days of the week the center is in operation.