Scope Statements
Children and Families
Safety and Permanence, Chs.
35—59
Early Care and Education, Chs.
201—252
This statement of scope was approved by the governor on March 31, 2014.
Rule No.
Chapter
DCF 12 (create) and Chapters
DCF 51,
52,
54,
55,
56,
57,
59,
202,
250,
251, and
252 (revise).
Relating to
Caregiver background checks.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
2. Detailed Description of the Objective of the Proposed Rule
The proposed rulemaking order will create ch.
DCF 12, relating to caregiver background checks required under s.
48.685, Stats. The scope of the proposed ch.
DCF 12 will be similar to ch.
DHS 12, which is the Department of Health Services caregiver background check rule. Chapter
DHS 12 was created as ch.
HFS 12 in 1999 to apply to background checks required under ss.
48.685 and
50.065, Stats., except for the certified child care program that was administered by the Department of Workforce Development. Administration of s.
48.685, Stats., was transferred to the Department of Children and Families (DCF) when the department was created in 2008.
2007 Wisconsin Act 20 provides that ch.
DHS 12 applies to DCF programs until the department creates its own background check rule.
The proposed rulemaking order will also update rules for the programs affected by s.
48.685, Stats., to ensure that information on the caregiver background check is current, accurate, and clear.
3. Detailed Explanation of Statutory Authority for the Rule
Section
48.685 (2) (d), Stats., provides that every entity shall maintain or shall contract with another person to maintain the most recent background information obtained on a caregiver. The information shall be made available for inspection by authorized persons, as defined by the department by rule.
Section
48.685 (4), Stats., provides that an entity that violates s.
48.685 (2),
(3), or
(4m) (b), Stats., may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
Section
48.685 (5) (a), Stats., directs the department to establish procedures by rule under which a person may show by clear and convincing evidence that he or she has been rehabilitated. Section
48.685 (5) (bm) and
(br), Stats., lists offenses for which rehabilitation is not available. Section
48.685 (5) (a), Stats., does not authorize a person to demonstrate that he or she has been rehabilitated if the person was convicted of an offense that is not a serious crime under s.
48.685 (1) (c), Stats., but is substantially related to the care of a client under s.
48.685 (5m), Stats.
Section
48.685 (6) (b) 1., Stats., provides that caregivers licensed by the department, persons who are under 18 years of age and who are caregivers for a child care center, nonclient residents of an entity that is licensed by the department, and other persons specified by the department by rule shall send the background information form to the department.
Section
48.685 (6) (b) 2., Stats., provides that caregivers who are licensed or certified by a county department or an agency contracted with under s.
48.651 (2), Stats., nonclient residents of those entities, and other persons specified by the department by rule shall send the background information form to the county department or contracted agency.
Section
48.685 (6) (b) 3., Stats., provides that caregivers who are licensed by a child welfare agency, nonclient residents of those entities, and other persons specified by the department by rule shall send the background information form to the child welfare agency.
Section
48.685 (6) (b) 4., Stats., provides that caregivers who are contracted with by a school board, nonclient residents of those entities, and other persons specified by the department by rule shall send the background information form to the school board.
Section
48.685 (6) (c), Stats., provides a person who provides false information on a background information form may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
Section
48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
Section
49.155 (1d), Stats., provides that the department shall promulgate rules establishing standards for the certification of child care providers under s.
48.651, Stats.
Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
160 hours
5. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants for license or certification, licensees, employees, contractors, and non-client residents in residential care centers for children and youth, child-placing agencies, foster homes, group homes, shelter care facilities, certified child care providers, family child care centers, group child care centers, days camps for children, and child care programs established by school boards.
County departments of social services, county departments of health and human services, licensed private child-placing agencies, tribes, and the department's Bureau of Milwaukee Child Welfare and Milwaukee Early Care Administration.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
42 USC 671 (20) requires that states provide for background checks of any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for placement of a child and prohibits payment of foster care maintenance or adoption assistance if the record check indicates certain convictions or other findings. It also requires that states provide for background checks of any relative guardian before the guardian may receive kinship guardianship assistance payments on behalf of the child.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None or minimal
Contact Person
Elaine Pridgen, Rules Coordinator
(608) 267-9403
Safety and Professional Services
Professional Services, Chs.
1—299
This statement of scope was approved by the governor on March 20, 2014.
Rule No.
Relating to
Credentialing requirements and procedures for private detective agencies, private detectives, and private security professionals.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to clarify existing rules for private detectives, private detective agencies, and private security professionals and to streamline the Department's licensure processes outlined in chs.
SPS 30 to
35. The processes to be evaluated include licensure and permit approvals, fee collection, records maintenance and retention, renewals, temporary permits, and the application of penalties for noncompliance with the code. The Department seeks to increase the efficiency of its licensing processes and ease the administrative burdens on private detectives. These goals are substantially in accordance with Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapters
SPS 30 to
35 establish licensure and credentialing requirements for private detectives, private detective agencies, and private security personnel. The existing policies set standards for obtaining licenses and permits via submissions to the Department and a third party vendor. Certain records are held and maintained by the Department while others are verified by the third party vendor. Potential rule changes would simplify the form and content of submissions and standardize document maintenance and retention policies. All policies will be examined for opportunities to increase efficiency and decrease costs to small businesses pursuant to Executive Order No. 61. Not conducting this review may result in unnecessary costs and delays.
