DCF 58, Kinship Care and Long-Term Kinship Care
The current ch. DCF 58 provides that a relative caregiver of a child is eligible for long-term kinship care only if the relative caregiver is the child’s guardian under s. 48.977, Stats. The proposed rules extend eligibility for long-term kinship care to a relative caregiver who is the guardian of a child under a tribal court order that is substantially similar to an order under s. 48.977, Stats. “Tribal court order” is defined as an order of a tribal court located in Wisconsin. Section 48.57 (3n) (am) 1., Stats., limited eligibility for long-term kinship care to a relative caregiver who was appointed the child’s guardian under s. 48.977, Stats., until the cross-reference to s. 48.977, Stats., was removed in 2009 Wisconsin Act 71. The proposed rules also do the following:
— Add “or a substantially similar tribal law of a tribe located in Wisconsin” to the definitions of “voluntary placement agreement” and “voluntary transition-to-independent-living agreement.”
— Create a definition for “tribal private guardianship order” to mean a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats., and add “or a tribal private guardianship order” to each cross-reference to s. 48.9795, Stats. — Correct terminology from “or a substantially similar Wisconsin tribal law” to “or a substantially similar tribal court order” throughout the rule. “Tribal court order” is defined as an order of a tribal court located in Wisconsin.
DCF 12, Background Checks for Child Welfare Programs
The proposed rules update DCF 12 to conform with changes to s. 48.685, Stats., as affected by 2019 Wisconsin Act 9, that require agencies and entities to conduct a background check on any adult working in a residential care center for children and youth, group home, or shelter care facility. The proposed rules define any of these facilities as a “congregate care facility” and a “congregate care worker” as any adult working in a congregate care facility. The term “congregate care worker” is added to various provisions throughout the rule, and the term “caregiver background check” is changed to “background check.” Prior to 2019 Wisconsin Act 9, an employee or contractor was subject to the background check requirements only if the employee or contractor met the definition of caregiver in s. 48.685 (1) (ag), Stats. DCF 12, Background Checks for Child Welfare Programs, and DCF 13, Background Check for Child Care Programs
A citation in the definition of “final substantiated finding” of child abuse or neglect is corrected.
DCF 39, Relinquishing Custody of a Newborn Child
DCF 39 includes a definition of “hospital staff member” that specifies various types of hospital staff members including “a hospital social worker, as described in s. DHS 124.25.” This provision is replaced with “a hospital social worker, case worker, or social work assistant.” In addition, a reference to the Bureau of Milwaukee Child Welfare is replaced with “the department in a county with a population of 750,000 or more.” DCF 40, Review of a Determination of Child Abuse or Neglect
The population of Milwaukee County is updated from 500,000 to 750,000 in the definition of “agency.”
DCF 50, Facilitating Public Adoptions and Adoption Assistance
A citation in the definition of “final substantiated finding” of child abuse or neglect is corrected.
DCF 52, Residential Care Centers for Children and Youth
The proposed rule corrects a misplaced exception regarding the effect of a court order placing resident in a locked unit.
DCF 52, Residential Care Centers for Children and Youth, and DCF 59, Shelter Care Facilities
The proposed rules remove obsolete language in chs. DCF 52 and 59 that requires the background information disclosure form to be notarized. DCF 55, Subsidized Guardianship, and DCF 56, Foster Home Care for Children
The proposed rules update DCF 55 and 56 to reflect changes to background checks required under s. 48.685, Stats., as affected by 2017 Wisconsin Act 59, including the following: — An agency or entity is required to obtain criminal history information from another state or conduct an FBI fingerprint-based criminal history search of a person who is the subject of the background check if the person has not been a resident of this state at any time within a specified number of years prior to the search. 2017 Wisconsin Act 59 extended this time period from 3 years to 5 years preceding the search. — Prior to 2017 Wisconsin Act 59, s. 48.685 (4m), Stats., provided that, unless a person has demonstrated that the person has been rehabilitated, the person is barred from licensure, employment or contract, or nonclient residency if the person has been convicted of a serious crime specified in s. 48.685 (1) (c), Stats. 2017 Wisconsin Act 59 amended s. 48.685 (4m), Stats., to add the following reasons a person may be barred: — The person is the subject of a pending criminal charge alleging that the person committed a serious crime specified in s. 48.685 (1) (c), Stats., — The person has been adjudicated delinquent for committing a serious crime specified in s. 48.685 (1) (c), or is the subject of a delinquency petition alleging that the person committed a serious crime specified in s. 48.685 (1) (c), Stats. In addition, gender-specific pronouns are replaced with gender-neutral terms throughout the proposed rules.
Summary of Factual Data and Analytical Methodologies
The proposed rules include orders of a tribal court located in Wisconsin in eligibility for long-term kinship care, clarify language, and update child welfare rules that are superseded by, or in conflict with, a state statute.
Summary of Related Federal Law
The federal Family First Prevention Services Act of 2018 requires a background check for all workers in congregate care facilities, including residential care centers for children and youth, group homes, and shelter care facilities.
Comparison to Adjacent States
Not applicable
Effect on Small Businesses
The proposed rules affect small businesses as defined in s. 227.114 (1), Stats., but have no or minimal effect on these businesses. Analysis Used to Determine Effect on Small Businesses
The rules make technical corrections and clarifications.
Agency Contact
Shannon Braden, Bureau of Permanence and Out-of-Home Care
Rule Text
SECTION 1. DCF 12.01 (1) and (note) are amended to read:
DCF 12.01 (1) This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.685, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.685, Stats., for caregivers, congregate care workers, and nonclient residents at an entity or with a caregiver specified in s. DCF 12.02 (4) (c). Note: For further information on the scope of the caregiver background check, see s. DCF 12.02 for definitions of terms used in this subsection. SECTION 2. DCF 12.02 (2), (3) (a), and (4) (b) (intro.) are amended to read:
DCF 12.02 (2) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the caregiver background check.
(3) (a) A barrier to a person’s eligibility for regulatory approval, employment, or contract as a caregiver or congregate care worker.
(4) (b) (intro.) A person who is, or is expected to be, an employee, a temporary employee, a student participating in a clinical or practicum at an entity as part of his or her the curriculum, or a contractor of an entity if all of the following apply:
SECTION 3. DCF 12.02 (5) is renumbered DCF 12.02 (1m) and amended to read:
DCF 12.02 (1m) “Caregiver background Background check” means the requirements in s. 48.685, Stats. SECTION 4. DCF 12.02 (8) (c) is amended to read:
DCF 12.02 (8) (c) 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 the person was previously placed. SECTION 5. DCF 12.02 (8g) and (8r) are created to read:
DCF 12.02 (8g) “Congregate care facility” means a residential care center for children and youth under s. 48.02 (15d), Stats.; a group home under s. 48.02 (7), Stats.; or a shelter care facility under s. 48.02 (17), Stats. (8r) “Congregate care worker” means an adult who works in a congregate care facility. “Congregate care worker” includes a person who has or is seeking a license to operate a congregate care facility and does not include an unpaid volunteer.
SECTION 6. DCF 12.02 (14) (k) and (Note), (15) (b), (21) (d), (22) (b), (26) (b) 1., 2., and 6. are amended to read:
DCF 12.02 (14) (k) A temporary employment agency that provides caregivers or congregate care workers to another entity.
Note: See s. 48.57 (3p), Stats., and s. DCF 58.05 for information on background checks required for kinship care. (15) (b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., 2011 Stats., if the determination has not been reversed or modified on appeal. (21) (d) Approval of the person subject to the caregiver background check for a child care program to be established or contracted for by a school board under s. 120.13 (14), Stats. (22) (b) Employment or contract with an entity to be a caregiver or a congregate care worker for the entity.
(26) (b) 1. The policies or procedures the person must follow in performing his or her the caregiving duties.
2. The conditions under which the person performs his or her the caregiving duties.
6. The compensation the person may receive for performing his or her the caregiving duties.
SECTION 7. DCF 12.03 (2) is amended to read:
