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) (3) Requester appearance.

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.

DCF 12.13(4)(c) (c) Any investigations or enforcement actions by a regulatory agency for substantial noncompliance with applicable laws.

DCF 12.13(4)(d) (d) Any subsequent contacts with law enforcement agencies, including arrests, charges, convictions, pending criminal or civil arrest warrants, civil judgments, or other legal enforcement actions or injunctions against the person.

DCF 12.13(4)(e) (e) Any aggravating or mitigating circumstances surrounding the barring crime, act, or offense.

DCF 12.13(4)(f) (f) Evidence of rehabilitation, such as public or community service, volunteer work, recognition by other public or private authorities for accomplishments or efforts or attempts at restitution, and demonstrated ability to develop positive social interaction and increased independence or autonomy of daily living.

DCF 12.13(4)(g) (g) The age of the person at the time of the offense and the amount of time between the crime, act, or offense and the request for rehabilitation review.

DCF 12.13(4)(h) (h) Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction.

DCF 12.13(4)(i) (i) A victim’s impact statement, if appropriate.

DCF 12.13(4)(j) (j) The person’s employment history, including evidence of acceptable performance or competency and dedication to the person’s profession.

DCF 12.13(4)(k) (k) The nature and scope of the person’s contact with clients in the position requested.

DCF 12.13(4)(L) (L) The degree to which the person would be directly supervised or working independently in the position requested.