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.
DCF 12.07 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. am. (title), eff. 1-30-19;
CR 19-089: am. (title)
Register March 2020 No. 771, eff. 4-1-20.
DCF 12.08(1)(1)
Entity reporting of offense. An entity shall report to the agency that gave regulatory approval as soon as the entity knows, or should have known, that any of the following apply to a caregiver, congregate care worker, or nonclient resident at the entity:
DCF 12.08(1)(a)
(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.
DCF 12.08(1)(b)
(b) The person has been adjudicated delinquent for committing any crime.
DCF 12.08(1)(c)
(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.
DCF 12.08(1)(e)
(e) A final substantiated finding has been made that the person abused or neglected a child.
DCF 12.08(1)(f)
(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
DCF 12.08(1)(g)
(g) A unit of government or a state agency as defined in s.
16.61 (2) (d), Stats., made a finding that the person has abused or neglected a client or misappropriated the property of a client.
DCF 12.08(1)(h)
(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.
DCF 12.08(2)(a)(a) An entity shall report to the agency that gave regulatory approval as soon as possible, but no later than the agency's next business day, if any of the following occurs:
DCF 12.08(2)(a)1.
1. A person who is age 10 or over and is not a client begins residing at, or is expected to reside at, an entity.
DCF 12.08(2)(a)2.
2. A person who is residing at the entity and is not a client turns 10 years of age.
DCF 12.08(2)(a)4.
4. A corporation or limited liability company designates a new person to be subject to the background check.
DCF 12.08(2)(b)
(b) When a change specified under par.
(a) 1. to
4. occurs regarding an entity, the entity shall submit a completed background information disclosure for the new person subject to the background check to the agency as soon as possible, but no later than the agency's next business day.
DCF 12.08(3)
(3)
Entity policy. An entity shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s.
DCF 12.02 (4) (b) or a congregate care worker to notify the entity as soon as possible, but no later than the entity's next working day, if any of the following apply:
DCF 12.08(3)(a)
(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.
DCF 12.08(3)(b)
(b) The person has been adjudicated delinquent for committing any crime.
DCF 12.08(3)(c)
(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.
DCF 12.08(3)(e)
(e) A final substantiated finding has been made that the person abused or neglected a child.
DCF 12.08(3)(f)
(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
DCF 12.08(3)(g)
(g) A unit of government or a state agency as defined in s.
16.61 (2) (d), Stats., has made a finding that the person has abused a client or misappropriated the property of a client.
DCF 12.08(3)(h)
(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.
DCF 12.08 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b), eff. 1-30-19;
CR 19-089: am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b)
Register March 2020 No. 771, eff. 4-1-20;
CR 21-107: am. (1) (intro.), (a), (b), (2) (a) 4., 5., (b), (3) (intro.), (a), (b) Register June 2022 No. 798, eff. 7-1-22. DCF 12.09(1)(a)(a) An entity that does any of the following may be subject to one or more of the sanctions specified in par.
(b):
DCF 12.09(1)(a)1.
1. Hires, employs, or contracts with a caregiver or congregate care worker or permits a nonclient resident to reside at an entity or with a caregiver specified in s.
DCF 12.02 (4) (c) if the entity knows, or should know, that the caregiver, congregate care worker, or nonclient resident is barred under s.
48.685 (4m) (b) or that a nonclient resident is ineligible for residency under s.
48.685 (5m), Stats.
DCF 12.09(1)(a)2.
2. Violates any provision in s.
48.685, Stats., or this chapter regarding caregivers specified in s.
DCF 12.02 (4) (b) or
(c) or congregate care workers, including requiring completion of a background information disclosure as required under s.
48.685 (6), and conducting the background check as required under s.
48.685 (2) and
(3), Stats.
DCF 12.09(1)(a)3.a.a. Knows, or should know, that a nonclient resident at the entity failed to complete and submit the background information disclosure to the applicable agency as required under s.
48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the applicable agency.
DCF 12.09(1)(a)3.b.
b. Knows, or should know, that a nonclient resident of a caregiver specified in s.
DCF 12.02 (4) (c) failed to complete and submit the background information disclosure to the entity specified in s.
DCF 12.02 (14) (L) as required under s.
48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the entity specified in s.
DCF 12.02 (14) (L).
DCF 12.09(1)(a)4.
4. Fails to complete and submit the background information disclosure to the applicable agency as required under s.
48.685 (6), Stats.
DCF 12.09(1)(a)5.
5. Knowingly gives false information on or knowingly omits information from the background information disclosure submitted to the applicable agency.
DCF 12.09(1)(b)
(b) Any of the following sanctions may be imposed on an entity that commits any of the acts described in par.
(a):
DCF 12.09(1)(b)1.
1. Denial, revocation, nonrenewal, suspension, or termination of regulatory approval.
DCF 12.09(1)(b)2.
2. Specific conditions or limitations placed on the regulatory approval.
DCF 12.09(1)(b)4.
4. A requirement that the entity develop a written plan that specifies corrections that will be made to personnel screening practices, obtain agency approval of the correction plan, and implement the correction plan.
DCF 12.09(1)(b)5.
5. Attendance at agency-designated training on personnel screening or other appropriate training at entity expense.
DCF 12.09(2)
(2)
Applicant. An applicant for regulatory approval who does any of the following is subject to denial of an application for regulatory approval:
DCF 12.09(2)(a)
(a) Fails to complete and submit a background information disclosure to the appropriate agency.
DCF 12.09(2)(b)
(b) Knowingly provides false information on or knowingly omits information from the background information disclosure submitted to the agency.
DCF 12.09 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. am. (1) (a) (intro.), (2) (intro.), eff. 1-30-19;
CR 19-089: am. (1) (a) (intro.), (2) (intro.)
Register March 2020 No. 771, eff. 4-1-20;
CR 21-107: am. (1) (a) 1., 2. Register June 2022 No. 798, eff. 7-1-22. DCF 12.10
DCF 12.10 Rehabilitation reviews by agencies. DCF 12.10(1)(1)
An agency shall conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s.
48.685 (5), Stats., and s.
DCF 12.11 and is any of the following:
DCF 12.10(1)(b)
(b) A person who is, or is expected to be, a caregiver specified in s.
DCF 12.02 (4) (b) or a congregate care worker for an entity that is regulated by the agency.
DCF 12.10(1)(c)
(c) A person who is, or is expected to be, a nonclient resident at an entity that is regulated by the agency.
DCF 12.10(2)
(2) Notwithstanding sub.
(1), the department shall conduct rehabilitation reviews for a person who requests a rehabilitation review if the person is eligible under s.
48.685 (5), Stats., and s.
DCF 12.11 and is any of the following:
DCF 12.10(2)(a)
(a) A person to whom delegation of the care and custody of a child under s.
48.979 has been, or is expected to be, facilitated by an entity.
DCF 12.10(2)(b)
(b) A person who is, or is expected to be, a nonclient resident of a person specified in par.
(a).
DCF 12.10 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (1) (b) Register June 2022 No. 798, eff. 7-1-22. DCF 12.11
DCF 12.11 Eligibility to request rehabilitation review. A person who is not eligible under s.
48.685 (4m), Stats., to receive regulatory approval, to be employed as a caregiver or a congregate care worker, to contract with an entity to be a caregiver or a congregate care worker, or to reside at an entity or with a caregiver specified in s.
DCF 12.02 (4) (c) may request a rehabilitation review, unless any of the following apply:
DCF 12.11(2)
(2) The person is not permitted to demonstrate rehabilitation for the applicable offense under s.
48.685 (5) (bm), Stats., during a waiting period that has not ended.
DCF 12.11 Note
Note: Tables listing barring offenses and the availability of rehabilitation review for each offense are in the applicable program regulatory sections of the department website at
http://dcf.wisconsin.gov.
DCF 12.11 Annotation
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 12.11 Annotation
For foster homes, adoption home studies, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.
DCF 12.11 Annotation
For child care, see the child care regulation/child care licensing or child care certification sections of the department website.
DCF 12.11(3)
(3) Within the preceding 12 months, an agency denied the person's request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or nonclient resident status with the same level of direct contact with clients or unsupervised access to clients.
DCF 12.11 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2), eff. 1-30-19;
CR 19-089: renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2)
Register March 2020 No. 771, eff. 4-1-20; correction in (2) made under s. 35.17, Stats.,
Register March 2020 No. 771;
CR 21-107: am. (intro.) Register June 2022 No. 798, eff. 7-1-22.
DCF 12.12
DCF 12.12 Applying for rehabilitation review. To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s.
DCF 12.11 shall do all of the following:
DCF 12.12(1)
(1) Obtain a rehabilitation review application on a form prescribed by the department and submit the completed application to the applicable agency.
DCF 12.12 Note
Note: Form DCF-F-419
Rehabilitation Review Application Instructions, is available in the forms section of the department website,
http://dcf.wisconsin.gov.
DCF 12.12(2)
(2) Submit any supporting documents and information required by the rehabilitation review application to the applicable agency.
DCF 12.12 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16.
DCF 12.13
DCF 12.13 Agency rehabilitation review process. In this chapter:
DCF 12.13(1)
(1)
Time frame. If an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received by the applicable agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.
DCF 12.13(2)
(2)
Rehabilitation review panel. If a person who is eligible for rehabilitation review under s.
DCF 12.11 submits an application that is complete under s.
DCF 12.12 no later than the deadline in sub.
(1), the applicable agency shall appoint a review panel of at least 2 persons to review the information submitted. The panel may request additional information from the person requesting the review or from other agencies or persons familiar with the person.
DCF 12.13(3)(a)(a) A person for whom a rehabilitation review is conducted under sub.
(2) shall be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have.
DCF 12.13(3)(b)
(b) The person's appearance before the review panel may be in person, by telephone, or other technology approved by the agency.
DCF 12.13(4)
(4)
Rehabilitation decision factors. After reviewing the information obtained, the review panel shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that the person is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker,
or residing at an entity or with a caregiver specified in s.
DCF 12.02 (4) (c). The panel shall consider at least the following factors, as applicable:
DCF 12.13(4)(a)
(a) Personal references and comments from employers, persons, and agencies familiar with the applicant and statements from therapists, counselors, and other professionals.
DCF 12.13(4)(b)
(b) Evidence of successful adjustment to, compliance with, or proof of successful completion of parole, extended supervision, probation, incarceration, or work release privileges.
