It’s too bad that the Department of Children and Families didn’t respond to my questions before press time. I would have loved to have included their perspective in my article on the injunctions filed to halt child care license revocations based on the new Wisconsin Act 76.
But, unfortunately, DCF’s spokeswoman emailed her responses after our deadline.
So here’s what I got from DCF’s Stephanie Hayden:
Me: How many licenses have been revoked or voluntarily surrendered as a result of Act 76?
DCF: License Revocations as a result of Act 76 - 7
License Surrender in lieu of Revocation- 12
Certification Revocations as a result of Act 76 – 6
Certification Surrenders in lieu of revocation – 6
Me: Is the new law fair?
DCF: You may want to speak to legislators about the intent of this law. Fundamentally, this law is about protecting kids. Keeping children safe is at the core of what we do at DCF. These improved background checks are instrumental in protecting kids and help parents make informed choices about child care.
Legislators wrote and championed this law. The bill passed unanimously in both houses, and the Governor signed the bill into law. DCF cannot choose which laws to enforce because we are required to enforce the laws that are enacted. DCF is required by ACT 76 to revoke the license or certification of a child care provider who is convicted of a crime or has a pending criminal charge for a violation outlined in the law. There are approximately 5,400 licensed child care providers in Wisconsin, and the number of programs revoked because of Act 76 is very small.
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Me: Why is DCF telling providers they cannot appeal their revocation? (That’s one of the issues at the heart of the request for an injunction.)
DCF: DCF does inform providers of their right to appeal. Below is the language taken directly from a revocation letter:
Any person aggrieved by a Department action taken under s. 48.715, Wis. Stats., has the right to an administrative hearing under s. 227.44, Wis. Stats. To appeal this action, you must send a written request for a hearing within ten (10) days after the date you receive this notice. Please include a copy of this notice with the written request for a hearing. The request for a hearing must be sent to:
Division of Hearings and Appeals, Department of Administration
5005 University Avenue, Suite 201
P. O. Box 7875
Madison, Wisconsin 53707-7875
