DCF 12.14 Appealing a rehabilitation review panel’s denial. DCF 12.15 Withdrawal of rehabilitation approval. DCF 12.16 Permissive acceptance of a rehabilitation approval. DCF 12.01(1)(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). DCF 12.01 NoteNote: For further information on the scope of the background check, see s. DCF 12.02 for definitions of terms used in this subsection. DCF 12.01(2)(2) Sections DCF 12.05 to 12.08 do not apply to an entity that facilitates delegations of the care and custody of children under s. 48.979, Stats., unless the entity is also licensed by the department. DCF 12.01 NoteNote: The department recommends that an unlicensed entity voluntarily comply with relevant provisions in ss. DCF 12.05, 12.06, and 12.08. DCF 12.01 HistoryHistory: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), eff. 1-30-19; CR 19-089: am. (1) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22. DCF 12.02DCF 12.02 Definitions. In this chapter: DCF 12.02(1)(1) “Agency” means the department, a county department, or a child-placing agency. DCF 12.02(2)(2) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check. DCF 12.02 NoteNote: 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 12.02(3)(a)(a) A barrier to a person’s eligibility for regulatory approval, employment, or contract as a caregiver or congregate care worker. DCF 12.02(4)(b)(b) 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 the curriculum, or a contractor of an entity if all of the following apply: DCF 12.02(4)(b)1.1. The person is, or is expected to be, under the control of the entity. DCF 12.02(4)(b)2.2. The person has, or is expected to have, regular, direct contact with clients of the entity. DCF 12.02(4)(c)(c) A person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been, or is expected to be, facilitated by an entity. DCF 12.02 NoteNote: Section 48.685 (1) (ag) 2., Stats., provides that “caregiver” does not include an emergency medical technician or a first responder. DCF 12.02 NoteNote: A child-placing agency is an entity and may also be an agency. A tribe may be licensed as a child-placing agency under ch. DCF 54 or may provide similar services under tribal law. DCF 12.02(8)(8) “Client” means a person who receives direct care or treatment services from an entity, from a caregiver specified in s. DCF 12.02 (4) (c), or from a child care program under s. 48.686 (1) (aj). “Client” includes all of the following: DCF 12.02(8)(a)(a) An adopted child for whom adoption assistance payments are being made under s. 48.975, Stats. DCF 12.02(8)(b)(b) A child for whom subsidized guardianship payments are being made under s. 48.623, Stats. DCF 12.02(8)(c)(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 the person was previously placed. DCF 12.02 NoteNote: Most types of “clients” are not specified in this definition because the phrase “a person who receives direct care or treatment services from an entity” clearly applies to them. For further information, see the definition of “entity” in s. DCF 12.02 (14). DCF 12.02(8g)(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. DCF 12.02(8r)(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. DCF 12.02(9)(9) “Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity under an express or implied contract or subcontract. “Contractor” includes a person who has staff privileges at the entity and a person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been facilitated by the entity. DCF 12.02(10)(10) “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, Stats. DCF 12.02(11)(11) “Department” means the department of children and families. DCF 12.02(12)(12) “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. DCF 12.02(13)(13) “Division of hearings and appeals” means the division of hearings and appeals within the department of administration. DCF 12.02(14)(a)(a) A residential care center for children and youth that is required to be licensed as a child welfare agency under s. 48.60, Stats., and is licensed under ch. DCF 52 to provide care and maintenance for children and youth in its physical or legal custody. DCF 12.02(14)(e)2.2. The person has entered into a subsidized guardianship agreement under s. 48.623 (2), Stats., following the death or incapacity of a guardian who had named the person as a prospective successor guardian. DCF 12.02(14)(k)(k) A temporary employment agency that provides caregivers or congregate care workers to another entity. DCF 12.02 NoteNote: See s. 48.57 (3p), Stats., and s. DCF 58.05 for information on background checks required for kinship care. DCF 12.02(15)(15) “Final substantiated finding” means all of the following: DCF 12.02(15)(a)(a) 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. DCF 12.02(15)(b)(b) 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. DCF 12.02(16)(16) “Foster home” means a facility operated by a person who is required to be licensed under s. 48.62, Stats., and is licensed under ch. DCF 56, including a home operated by a person seeking adoption assistance under s. 48.975, Stats., and a home operated by a person seeking subsidized guardianship payments under s. 48.623, Stats. DCF 12.02(17)(17) “Home study” means an assessment to determine whether an applicant is fit and qualified to care for a child and whether the physical environment of the applicant’s home is safe and healthy for all occupants. DCF 12.02(18)(18) “Nonclient resident” means a person who meets all of the following criteria: DCF 12.02(18)(d)(d) The person has, or is expected to have, regular, direct contact with clients of the entity or of the caregiver specified in s. DCF 12.02 (4) (c). DCF 12.02 NoteNote: For example, household members in foster homes are “nonclient residents.”
DCF 12.02 NoteNote: Section 990.01 (26), Stats., provides that “person” includes all partnerships, associations and bodies politic or corporate. DCF 12.02(20)(20) “Regular, direct contact with clients” means contact that is scheduled, planned, expected, or otherwise a result of the person’s role or relationship with the client. DCF 12.02(21)(21) “Regulatory approval” means any of the following: DCF 12.02(21)(a)(a) Issuance, continuation, or renewal of a license by the department under s. 48.66, Stats. DCF 12.02(21)(b)(b) Issuance or renewal of a license to operate a foster home by the department, a county department, or a child-placing agency under s. 48.75, Stats. DCF 12.02(21)(d)(d) Approval of the person subject to the background check for a child care program to be established or contracted for by a school board under s. 120.13 (14), Stats. DCF 12.02(21)(f)(f) Approval of a person who is seeking to be a successor guardian and to receive subsidized guardianship payments under s. 48.623 (6) (bm), Stats. DCF 12.02(21)(g)(g) Approval of pre-adoptive applicants for a home study for the purpose of adopting a child. DCF 12.02(21)(h)(h) Approval of a home study by the department, a county department, a child-placing agency, or a tribe for a person seeking adoption assistance under s. 48.975, Stats. DCF 12.02(22)(22) “Rehabilitation review” means an agency process under which a person who has a bar may seek approval for any of the following: DCF 12.02(22)(b)(b) Employment or contract with an entity to be a caregiver or a congregate care worker for the entity. 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 NoteNote: 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 NoteFor 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 NoteFor 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.
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