Register June 2022 No. 798
Chapter DCF 13
BACKGROUND CHECKS FOR CHILD CARE PROGRAMS
Purpose and scope.
Background check request.
Obtaining armed forces information.
Determining whether other offenses are substantially related.
Background check eligibility.
Appeal of background check determinations.
Rehabilitation reviews by agency.
Eligibility for rehabilitation review.
Applying for rehabilitation review.
Agency rehabilitation review process.
Appealing a rehabilitation review panel's denial.
Compliance with rehabilitation approval; withdrawal.
Permissive acceptance of a rehabilitation approval.
DCF 13.01 Purpose and scope.
This chapter is promulgated under the authority of ss. 48.67 (intro.)
, and 227.11 (2) (a)
, Stats., to specify procedures necessary to implement background checks required under s. 48.686
, Stats., for caregivers, noncaregiver employees, and household members at a child care program.
DCF 13.01 Note
For further information on the scope of the child care background check, see s. DCF 13.02
for definitions of terms used in this section.
DCF 13.01 History
: emerg. cr., eff. 1-30-19; CR 19-089
: cr. Register March 2020 No. 771
, eff. 4-1-20; CR 20-003
: am. Register July 2020 No. 775
, eff. 8-1-20.
DCF 13.02 Definitions.
In this chapter:
Agency” means the department, a certification agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14)
Background check request form” means a form prescribed by the department on which a person completes required information for purposes of the child care background check.
DCF 13.02 Note
DCF-F-5296-E, Background Check Request Form
, is available electronically through the Child Care Provider Portal and on the department's website at https://dcf.wisconsin.gov/forms
A barrier to a person's eligibility for regulatory approval, employment, or contract as a caregiver.
A barrier to a person's nonclient residency at a child care program.
A barrier to a person's eligibility for employment or contract as a noncaregiver employee.
An employee or contractor of a child care program who is involved in the care or supervision of clients.
A person who has direct contact with clients of a child care program or has unsupervised access to clients of a child care program, including student teachers, household members age 10 and older, and volunteers counted for the purpose of meeting the required staff-to-child ratios.
A person who has, or is seeking, a license, certification, or contract to operate a child care program.
Certification agency” means the department in a county having a population of 750,000 or more or a county department, person, or tribe that has a contract with the department to certify child care providers under s. 48.651 (2)
, Stats., in a particular county or tribal area.
Child care background check” means the requirements in s. 48.686
, Stats., and this chapter.
Child care program” means any of the following:
A temporary employment agency that provides caregivers or noncaregiver employees to another child care program.
Client” means a person who receives direct care from a child care program, from an entity, as defined in s. DCF 12.02 (14)
, or from a caregiver specified in s. 48.685 (1) (ag) 1. am.
, Stats., including all of the following:
An adopted child for whom adoption assistance payments are being made under s. 48.975
A child for whom subsidized guardianship payments are being made under s. 48.623
A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677
(a) from an agency, is no longer placed in out-of-home care, and is residing in the foster home in which he or she was previously placed.
Contractor” means, with respect to a child care program, a person who provides services to the child care program under an express or implied contract or subcontract, or that person's agent.
“County department” means a county department of social services established under s. 46.22
, Stats., or a county department of human services established under s. 46.23
“Department” means the department of children and families.
“Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
“Division of hearings and appeals” means the division of hearings and appeals within the department of administration.
“Final substantiated finding” means all of the following:
A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m.
, Stats., and s. DCF 40.04
if the final determination has not been reversed or modified on appeal.
A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4.
, Stats., if the determination has not been reversed or modified on appeal.
“Household member” means a person who is age 10 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.
“Noncaregiver employee” means a person who provides services to a child care program as an employee or a contractor and is not a caregiver, but whose work at the child care program provides the ability to move freely throughout the premises and opportunities for interactions with clients of the child care program.
“Regulatory approval” means any of the following:
Issuance, continuation, or renewal of a license by the department under s. 48.66