Agency Contact
Elaine Pridgen
DCF Rules Coordinator
(608) 422-7077
SECTION 1. DCF 52.12 (1) (c) 2. and 3. is repealed.
SECTION 2. DCF 52.12 (3) (bm) is created to read:
DCF 52.12 (3) (bm) A center may hire or contract with a staff person before the department obtains a fingerprint-based check of the national crime information under s. 48.685 (2) (ba), Stats., of the staff person if all of the following conditions are met: 1. It is not feasible for the staff person to provide a set of fingerprints in the manner directed by the department for a reason related to COVID-19.
2. The center has obtained the information on the staff person required under s. 48.685 (2) (b), Stats. 3. Under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the federal department of health and human services will allow federal reimbursement under Title IV-E of the Social Security Act for a child placed in the center before the fingerprint-based check of the staff person is completed.
(b) The staff person shall submit a set of fingerprints in the manner directed by the department as soon as it is feasible.
SECTION 3. DCF 52.21 (8) (am) is created to read:
DCF 52.21 (8) (am) Notwithstanding the deadlines specified in par. (a) (intro.) and 2., a center may comply with par. (a) as soon as it is feasible if it is not feasible to comply by the specified deadlines for a reason related to COVID-19.
SECTION 4. DCF 52.45 (1) (bm) is created to read:
DCF 52.45 (1) (bm) Notwithstanding the deadlines and time periods specified under pars. (a) and (b), a center may comply with pars. (a) and (b) as soon as it is feasible if it is not feasible to comply with the deadlines and time periods for a reason related to COVID-19.
SECTION 5. DCF 54.04 (2) (cm) is created to read:
DCF 54.04 (2) (cm) Notwithstanding the deadline in par. (c) (intro.), a child may have a physical examination as soon as it is feasible if it is not feasible to comply with the deadline in par. (c) (intro.) for a reason related to COVID-19.
SECTION 6. DCF 56.055 (2m) is created to read:
DCF 56.055 (2m) (a) Notwithstanding sub. (1) (b), a licensing agency may issue a license to operate a foster home to an applicant before the applicant provides the licensing agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats., if all of the following conditions are met: 1. It is not feasible for the applicant to provide a set of fingerprints under sub. (1) (b) for a reason related to COVID-19.
2. The licensing agency has obtained the information on the applicant required under sub. (2) (a).
3. Under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the federal department of health and human services will allow federal reimbursement under Title IV-E of the Social Security Act for a child placed in the applicant’s home before the fingerprint-based check of the applicant is completed.
(b) The foster parent shall submit a set of fingerprints to the licensing agency under sub. (1) (b) as soon as it is feasible.
SECTION 7. DCF 56.09 (4) (am) is created to read:
DCF 56.09 (4) (am) Notwithstanding the deadlines and time periods specified under par. (a), a foster parent may comply with par. (a) as soon as it is feasible if it is not feasible to comply with the specified deadlines and time periods for a reason related to COVID-19.
SECTION 8. DCF 57.15 (2) (am) is created to read:
DCF 57.15 (2) (am) Notwithstanding par. (a), a licensee may hire a staff member and the staff member may begin employment before the department obtains a fingerprint-based check of the national crime information databases under s. 48.685 (2) (ba), Stats., on the staff member if all of the following conditions are met: 1. It is not feasible for the staff member to provide a set of fingerprints in the manner directed by the department for a reason related to COVID-19.
2. The licensee has obtained the information on the staff member required under s. 48.685 (2) (b), Stats. 3. Under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the federal department of health and human services will allow federal reimbursement under Title IV-E of the Social Security Act for a child placed in the group home before the fingerprint-based check of the staff member is completed.
(b) The staff member shall submit a set of fingerprints in the manner directed by the department as soon as it is feasible.
SECTION 9. DCF 57.19 (7m) is created to read:
DCF 57.19 (7m) Notwithstanding the deadline in sub. (7), a group home may ensure that a resident who is required to have a health examination under sub. (7) receives the health examination as soon as it is feasible if it is not feasible to comply within by the deadline for a reason related to COVID-19.
SECTION 10. DCF 57.26 is renumbered DCF 57.26 (1).
SECTION 11. DCF 57.26 (2) is created to read:
DCF 57.26 (2) Notwithstanding the deadlines and time periods under sub. (1), a resident may receive the required dental care as soon as it is feasible if it is not feasible to comply with the deadlines and time periods under sub. (1) for a reason related to COVID-19.
SECTION 12. DCF 59.01 (4) is amended to read:
DCF 59.01 (4) Exception to rules. The department may make exceptions to any of the rules for licensing shelter care facilities when the department is assured that granting such exceptions is not detrimental to the health, safety and welfare of children in shelter care, except that exceptions may not be made to s. DCF 59.03 (2) (b) or to s. DCF 59.05 (2) or (3). SECTION 13. DCF 59.04 (6) (cm) is created to read:
DCF 59.04 (6) (cm) A licensee may hire a shelter care worker, hold-over room attendant, or relief help before the department obtains a fingerprint-based check of the national crime information databases under s. 48.685 (2) (ba), Stats., on the shelter care worker, hold-over room attendant, or relief help if all of the following conditions are met: 1. It is not feasible for the shelter care worker, hold-over room attendant, or relief help to provide a set of fingerprints in the manner directed by the department for a reason related to COVID-19.
2. The licensee has obtained the information on the shelter care worker, hold-over room attendant, or relief help required under s. 48.685 (2) (b), Stats. 3. Under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the federal department of health and human services will allow federal reimbursement under Title IV-E of the Social Security Act for a child placed in the shelter care facility before the fingerprint-based check of the shelter care worker, hold-over room attendant, or relief help is completed.
(b) The shelter care worker, hold-over room attendant, or relief help shall submit a set of fingerprints in the manner directed by the department as soon as it is feasible.
SECTION 14. DCF 152.06 (2) and (3) is repealed.
SECTION 15. DCF 202.04 (3) (b) 9. c. is repealed.
SECTION 16. DCF 202.04 (3) (c) 5. is repealed.
SECTION 17. EFFECTIVE DATE. This rule shall take effect upon publication in the official state newspaper as provided in s. 227.24 (1) (c), Stats.
