Register June 2016 No. 726
Chapter DHS 12
CAREGIVER BACKGROUND CHECKS
Subchapter I — General Provisions
DHS 12.01   Authority and purpose.
DHS 12.02   Applicability.
DHS 12.03   Definitions.
Subchapter II — Background Checks
DHS 12.04   Contracting for background checks.
DHS 12.05   Sanctions.
DHS 12.06   Determining whether an offense is substantially related to client care.
DHS 12.07   Reporting background changes and nonclient residency.
DHS 12.08   Armed forces background searches.
DHS 12.09   Transmittal of background check information.
DHS 12.10   Maintaining confidentiality of background information disclosure forms.
DHS 12.11   Supervision pending receipt of caregiver background checks.
DHS 12.115   Personal care services, disclosure of convictions.
Subchapter III — Rehabilitation Review
DHS 12.12   Rehabilitation process for persons who have committed certain offenses.
Ch. DHS 12 Note Note: Chapter HFS 12 was repealed and recreated as an emergency rule effective February 13, 2000. Chapter HFS 12 as it existed August 31, 2000 was repealed and recreated, Register, August, 2000, effective September 1, 2000. Chapter HFS 12 was renumbered chapter DHS 12 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
subch. I of ch. DHS 12 Subchapter I — General Provisions
DHS 12.01 DHS 12.01Authority and purpose. This chapter is promulgated under the authority of s. 48.685 (1) (ag) 1. a., (2) (d), (4), (5) (a), (6) (b) and (c), Stats.; and s. 50.065 (1) (ag) 1. a., (2) (d), (4), (5), (6) (b) and (c), Stats.; and s. 227.11 (2), Stats., to protect from harm clients served by department-regulated programs, children placed in foster homes licensed by county departments of social or human services or private child–placing agencies or children who are being adopted, and children served in day care programs contracted by local school boards under s. 120.13 (14), Stats., by requiring uniform background information screening of persons regulated and persons who are employees of or under contract to regulated entities or who are nonclient residents of regulated entities.
DHS 12.01 Note Note: Background checks under s. 48.685 are administered by the Department of Children and Families. See ch. DCF 12.
DHS 12.01 Note Note: Administrative rules governing county certified day care centers appear in ch. DCF 202.
DHS 12.01 History History: Cr. Register, August, 2000, No. 536, eff. 9-1-00; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2009 No. 642.
DHS 12.02 DHS 12.02Applicability.
DHS 12.02(1) (1)Scope.
DHS 12.02(1)(a)(a) Persons and agencies affected. This chapter applies to the department; to applicants for regulatory approval from the department; to persons, agencies and entities that have received regulatory approval from the department; to county department and child-placing agencies that license foster homes and approve applications for adoption home studies; to foster home license applicants and licensees and applicants for an adoption home study; to school boards that establish or contract for daycare programs under s. 120.13 (14), Stats., and to applicants and persons under contract to a school board to operate a day care program under s. 120.13 (14), Stats.
DHS 12.02(1)(b) (b) Entities covered. The entities subject to this chapter are those regulated under: chs. DHS 34, 35, 36, 40, 61, 63, 75, 82, 83, 85, 88, 89, 105, 110, 124, 127, 131, 132, 133, and 134, and any other direct client care or treatment program that may be licensed or certified or registered by the department.
DHS 12.02 History History: Cr. Register, August, 2000, No. 536, eff. 9-1-00; corrections in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 10-091: am. (1) (b) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (b) made under s. 13.92 (4) (b) 7. Stats., Register July 2011 No. 667; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats, Register June 2016 No. 726.
DHS 12.03 DHS 12.03Definitions. In this chapter:
DHS 12.03(1) (1) “Adoption home study" means an evaluation of a prospective adoptive family under ch. DCF 51 or 54.
DHS 12.03(2) (2) “Agency" means the department, a county department or a school board or a child welfare agency licensed under s. 48.60, Stats., as a child-placing agency.
DHS 12.03(3) (3) “Background information disclosure form" means the department's form, F-82064, on which a person provides certain information concerning the person's background.
DHS 12.03(4) (4) “Bar" means, as a noun, that a person is not permitted to receive regulatory approval, or be employed as a caregiver by or under contract with an entity, or to reside as a nonclient at an entity.
DHS 12.03(5) (5) “Caregiver" has the meaning specified in s. 48.685 (1) (ag) or 50.065 (1) (ag), Stats., whichever is applicable.
DHS 12.03(6) (6) “Client" means a person who receives direct care or treatment services from an entity. For the purposes of this chapter, “client" includes an adopted child for whom an adoption assistance payment is being made under s. 48.975, Stats.
DHS 12.03(7) (7) “Contractor" has the meaning specified in ss. 48.685 (1) (ar) and 50.065 (1) (bm), Stats.
DHS 12.03(8) (8) “County department" means a county department of social services established under s. 46.215 or 46.22, Stats., or a county department of human services established under s. 46.21 (2m) or 46.23, Stats.
DHS 12.03(9) (9) “Department" means the Wisconsin department of health services.
DHS 12.03(10) (10) “Direct contact" has the meaning specified in ss. 48.685 (1) (ar) and 50.065 (1) (br), Stats.
DHS 12.03(11) (11) “Entity" has the meaning specified in s. 48.685 (1) (b) or 50.065 (1) (c), Stats., whichever is applicable.
DHS 12.03(12) (12) “Foster home" means any facility operated by a person required to be licensed under s. 48.62 (1), Stats., in which care and maintenance are provided for no more than 4 foster children, or, if all are siblings, for no more than 6 children, and also includes a treatment foster home that also provides structured professional treatment by trained individuals, and a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats.
DHS 12.03 Note Note: The term “treatment foster home" no longer appears in the statutes.
DHS 12.03(13) (13) “Hospital" means a facility approved as a hospital under s. 50.35, Stats.
DHS 12.03(14) (14) “Nonclient resident" has the meaning specified in ss. 48.685 (1) (bm) and 50.065 (1) (cn), Stats.
DHS 12.03(15) (15) “Personal care services" has the meaning given in s. 50.065 (1) (cr), Stats.
DHS 12.03(16) (16) “Regular" means, in terms of direct contact with clients, contact that is scheduled, planned, expected, or otherwise periodic.
DHS 12.03(17) (17) “Regulatory approval" means:
DHS 12.03(17)(a) (a) For purposes of s. 48.685, Stats., any of the following:
DHS 12.03(17)(a)1. 1. Issuance by the department of a license or certification or the continuation or renewal of a license or certification, or approval of a prospective adoptive parent application for a home study.
DHS 12.03(17)(a)2. 2. Issuance or renewal by a county department or child-placing agency of a foster home or treatment foster home license under s. 48.62 or 48.75, Stats., including a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats., and includes approval of pre-adoptive applicants who contract for a home study with a licensed private child placing agency for approval of a placement of a child for adoption.
DHS 12.03 Note Note: Administrative rules governing county certified day care centers appear in ch. DCF 202.
DHS 12.03 Note Note: The term “treatment foster home" no longer appears in the statutes. See also the note to s. DHS 12.03 (22).
DHS 12.03(17)(a)3. 3. Approval by a school board under s. 120.13 (14), Stats., of day care services established by or contracted with a day care provider.
DHS 12.03(17)(b) (b) For purposes of s. 50.065, Stats., issuance by the department of an entity license, certification, certificate of approval or registration, or approval by the department of the continuation of an entity license, certification, certificate of approval or registration.
DHS 12.03(18) (18) “Rehabilitation review" refers to an agency or tribal process where a person who is eligible under s. 48.685 (5) (a) or 50.065 (5), Stats., may seek the removal of a bar from regulatory approval, from employment as a caregiver at or contracting with an entity, or from residency at an entity.
DHS 12.03(19) (19) “School board" means the school board or board of school directors in charge of the schools of a school district.
DHS 12.03(20) (20) “Serious crime" has the meaning specified in s. 48.685 (1) (c) or 50.065 (1) (e), Stats., whichever is applicable.
DHS 12.03(20m) (20m) “Substitute caregiver" means, with respect to a client who is receiving personal care services in the client's residence, an individual who provides personal care services to the client for 7 or fewer days in a 90-day period.
DHS 12.03(21) (21) “Supportive home care service agency" means a home health agency licensed under s. 50.49, Stats., and ch. DHS 133.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.