DCF 12.02(24)
(24) “Serious crime” means the offenses specified in s.
48.685 (1) (c), Stats. “Serious crime” includes the offenses specified in s.
48.685 (5) (bm) 4., Stats., after the waiting period for eligibility to demonstrate rehabilitation, unless the person has demonstrated rehabilitation under s.
DCF 12.13 or
12.14.
DCF 12.02 Note
Note: Tables that list serious crimes applicable to each program are available in the program regulatory sections of the department website at
http://dcf.wisconsin.gov.
DCF 12.02 Note
For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.
DCF 12.02 Note
For foster homes, adoption home studies, adoption assistance, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.
DCF 12.02(25)
(25) “Tribe" means a federally-recognized American Indian tribe or band in this state.
DCF 12.02(26)
(26) “Under the control of the entity" means that an entity does all of the following:
DCF 12.02(26)(a)
(a) Determines whether a person who is employed by or under express or implied contract with the entity and who has regular, direct contact with clients served by the entity may provide care, treatment, or other similar support service functions to clients.
DCF 12.02(26)(b)1.
1. The policies or procedures the person must follow in performing the caregiving duties.
DCF 12.02(26)(b)2.
2. The conditions under which the person performs the caregiving duties.
DCF 12.02(26)(b)5.
5. The supervision or evaluation of the person's work or job performance, including imposing discipline and rewarding performance.
DCF 12.02(26)(b)6.
6. The compensation the person may receive for performing the caregiving duties.
DCF 12.02 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. am. (1), r. (6), am. (8) (intro.), r. (14) (h) to (j), am. (18) (a), r. (21) (c), (d), (23), r. and recr. (24), eff. 1-30-19;
CR 19-089: am. (1), r. (6), am. (8) (intro.), r. (14) (h) to (j), am. (18) (a), r. (21) (c), (d), (23), r. and recr. (24)
Register March 2020 No. 771, eff. 4-1-20; correction in (8) (intro.) made under s.
35.17, Stats.,
Register March 2020 No. 771;
CR 21-107: am. (2), (3) (a), (4) (b) (intro.), renum. (5) to (1m) and am., am. (8) (c), cr. (8g), (8r), am. (14) (k), (15) (b), cr. (21) (d), am. (22) (b), (26) (b) 1., 2., 6. Register June 2022 No. 798, eff. 7-1-22. DCF 12.03
DCF 12.03 Background information disclosure. In this chapter:
DCF 12.03(1)
(1)
Required form. Each agency and entity shall use and require use of the background information disclosure prescribed by the department to be completed to obtain information about a person's background from the person as provided in s.
48.685 (6), Stats.
DCF 12.03 Note
Note: DCF-F-2978-E,
Background Information Disclosure, is available in the forms section of the department's website at
http://dcf.wisconsin.gov or from an agency or entity.
DCF 12.03(2)
(2)
Timely bid. Each agency and entity specified in s.
DCF 12.02 (14) (a) to
(g) shall require the background information disclosure to be completed by each caregiver, congregate care worker, and nonclient resident no more than 120 days before the agency or entity submits a request for information required under s.
48.685 (2) (am) or
(b) and
(3) (a) or
(b), Stats.
DCF 12.03(3)
(3)
Maintaining Confidentiality. Each agency and entity shall retain all completed department background information disclosures in a manner that ensures prompt retrieval of the forms for inspection and shall comply with applicable federal and state confidentiality laws.
DCF 12.03 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. r. and recr. (2) (title), eff. 1-30-19;
CR 19-089: r. and recr. (2) (title)
Register March 2020 No. 771, eff. 4-1-20;
CR 21-107: am. (2) Register June 2022 No. 798, eff. 7-1-22.
DCF 12.04
DCF 12.04 Contracting for background checks. DCF 12.04(1)(1)
Contract. An entity may enter into a contract with any other entity or with a person, temporary employment agency, college, university, or vocational school to obtain the information required under s.
48.685 (2),
(3), or
(6), Stats.
DCF 12.04(2)(a)(a) An entity that enters into a contract under sub.
(1) shall retain a copy of the agreement.
DCF 12.04(2)(b)
(b) An entity that enters into a contract under sub.
(1) shall obtain from the entity, person, temporary employment agency, college, university, or vocational school that conducts the search for information required under s.
48.685 (2) or
(3), Stats., all of the following for each person who is the subject of a search:
DCF 12.04(2)(b)1.
1. A copy of the completed background information disclosure if completion of the background information disclosure is required under s.
48.685 (6), Stats.
DCF 12.04(2)(c)
(c) The entity shall retain the most recent documentation received under par.
(b) for each caregiver and congregate care worker that the entity employs or contracts with, so the documentation may be promptly retrieved and reviewed by the agency that regulates the entity.
DCF 12.04 Note
Note: For child-placing agencies, the record retention period in par. (c) only applies to contracting for background checks of employees and contractors of the agency. Different record retention requirements apply for records on foster parents.
DCF 12.04 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (title), (2) (c) Register June 2022 No. 798, eff. 7-1-22. DCF 12.05
DCF 12.05 Obtaining armed forces information. DCF 12.05(1)(1)
If a person who is the subject of a background check served in a branch of the U.S. armed forces within the previous 3 years, including any reserve component, the agency or entity shall make every reasonable effort to obtain the discharge status of that person, either from the discharge papers issued to the person or from the armed forces branch in which the person served.
DCF 12.05(2)
(2) The agency or entity shall document the efforts made to obtain the discharge status of the person.
DCF 12.05(3)
(3) If the discharge status of the person is other than honorable, the agency or entity shall obtain information on the nature and circumstances of the discharge.
DCF 12.05 Note
Note: The information from the armed forces may include relevant military court findings or information relevant to making a determination of whether an applicant is fit and qualified.
DCF 12.05 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22. DCF 12.06
DCF 12.06 Determining whether other offenses are substantially related. DCF 12.06(1)(1)
Caregivers and congregate care workers. To determine whether a caregiver's or a congregate care worker's conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a client or the activities of a program for purposes of s.
48.685 (5m), Stats., an agency or entity shall consider all of the following:
DCF 12.06(1)(a)
(a) In relation to the job or caregiving role, all of the following:
DCF 12.06(1)(a)1.
1. The nature and scope of the caregiver's or congregate care worker's client contact.
DCF 12.06(1)(a)2.
2. The scope of the discretionary authority and independent judgment the caregiver or congregate care worker has to make decisions or take actions that affect the care of clients.
DCF 12.06(1)(a)3.
3. The opportunity the job or caregiving role presents for committing similar crimes.
DCF 12.06(1)(a)4.
4. The extent to which acceptable performance in the job or caregiving role requires the trust and confidence of clients and the parents or guardians of clients.
DCF 12.06(1)(b)
(b) In relation to the criminal conviction or delinquency adjudication, all of the following:
DCF 12.06(1)(b)2.
2. Whether the elements or circumstances of the crime are related to the job or caregiving duties.
DCF 12.06(1)(b)3.
3. Any pattern of criminal convictions or delinquency adjudications
DCF 12.06(1)(b)4.
4. The extent to which the crime relates to clients or other vulnerable persons
DCF 12.06(1)(c)1.
1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.
DCF 12.06(1)(c)2.
2. The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, or contract.
DCF 12.06(1)(c)3.
3. The person's employment history, including references, if available.
DCF 12.06(1)(c)4.
4. The person's participation in or completion of pertinent programs of a rehabilitative nature.
DCF 12.06(1)(c)6.
6. The person's ability to perform or to continue to perform the job or caregiving role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.
DCF 12.06(2)
(2)
Nonclient residents. To determine whether a nonclient resident's criminal conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to a nonclient resident's access to clients or the activities of a program for purposes of s.
48.685 (5m), Stats., an agency shall consider all of the following:
DCF 12.06(2)(a)
(a) In relation to nonclient residency, all of the following:
DCF 12.06(2)(a)1.
1. The nature and scope of the nonclient resident's contact with clients or activities of the program.
DCF 12.06(2)(a)2.
2. The opportunity nonclient residency presents for committing similar crimes.
DCF 12.06(2)(b)
(b) In relation to the criminal conviction or delinquency adjudication, all of the following:
DCF 12.06(2)(b)2.
2. Whether the elements or circumstances of the crime involve access to clients or activities of the program.
DCF 12.06(2)(b)3.
3. Any pattern of criminal convictions or delinquency adjudications.
DCF 12.06(2)(b)4.
4. The extent to which the crime relates to clients or other vulnerable persons.
DCF 12.06(2)(c)1.
1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.
DCF 12.06(2)(c)2.
2. The length of time between the conviction or delinquency adjudication and the determination affecting nonclient residency.
DCF 12.06(2)(c)3.
3. The person's participation in or completion of pertinent programs of a rehabilitative nature.
DCF 12.06(3)(a)(a) An agency shall document how it reached the determination under sub.
(1) that the criminal conviction or delinquency adjudication of a caregiver under s.
DCF 12.02 (4) (a) is or is not substantially related to care of a client or activities of the program.
DCF 12.06(3)(b)
(b) An agency shall document how it reached the determination under sub.
(2) that the criminal conviction or delinquency adjudication of a nonclient resident is or is not substantially related to access to clients or activities of a program.
DCF 12.06(3)(c)
(c) An entity shall document how it reached a determination under sub.
(1) that a criminal conviction or delinquency adjudication of a caregiver specified in s.
DCF 12.02 (4) (b) is or is not substantially related to the care of a client or activities of a program.
DCF 12.06 Note
Note: Form DCF-F-CFS2261-E, Background Checks Substantially Related Investigation Report, is available, but is optional, for documentation of the determination as required in sub. (3). If a home study is required for foster care licensure, subsidized guardianship, or adoption approval, county departments and child-placing agencies must include documentation of the determination in the home study.
DCF 12.06 Annotation
An agency or entity is required to determine whether a criminal conviction or delinquency adjudication for an offense that is not a “serious crime" as defined in s. DCF 12.02 (24) is substantially related to the care of children or the activities of the program. It may be helpful to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction as part of that investigation and determination. Section 48.685 (2) (bb), Stats., requires an agency or entity to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., if the conviction was within the past 5 years.
DCF 12.06 Annotation
To file a complaint of prohibited employment discrimination under s. 111.335, Stats., contact the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or 608-266-6860.
DCF 12.06 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (1) (title), (intro.), (a) 1. to 4. Register June 2022 No. 798, eff. 7-1-22. DCF 12.07
DCF 12.07 Denial and revocation information. Each county department and child-placing agency
shall provide the department with written information about each person for whom the county department or child-placing agency denied or revoked regulatory approval specified in s.
DCF 12.02 (21) (b),
(e),
(f),
(g), or
(h) for a reason specified in s.
48.685 (4m), Stats. The county department or child-placing agency shall provide the information in an automation system prescribed by the department or on a form prescribed by the department.
DCF 12.07 Note
Note: County departments and child-placing agencies with direct access to eWiSACWIS, the department's child welfare automation system, enter the information into the system. Child-placing agencies that do not have direct access to eWiSACWIS provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department's website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.
