DCF 13.13(5) (5) Review panel decision.

DCF 13.13(5)(a) (a) Scope. An agency review panel may grant rehabilitation approval only within the scope of the agency’s regulatory authority.

DCF 13.13(5)(b) (b) Deferral. A review panel may defer a final decision under sub. (4) for a period of not more than 6 months, unless the person who is the subject of the rehabilitation review agrees to a longer time period.

DCF 13.13(5)(c) (c) Written decision. A review panel shall issue a written decision under sub. (4) that includes the following, as applicable:

DCF 13.13(5)(c)1. 1. ‘Approval.’ An approval shall state all of the following:

DCF 13.13(5)(c)1.a. a. The type of child care program to which the decision applies.

DCF 13.13(5)(c)1.b. b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or noncaregiver employee, contract to be a caregiver or noncaregiver employee, or status as a household member at a child care program.

DCF 13.13(5)(c)1.c. c. Any conditions or limitations placed on the approval.

DCF 13.13 Note Note: Examples of limited approval include approval for employment in specific child care roles.

DCF 13.13(5)(c)2. 2. ‘Deferral.’ A deferral shall state the reason for the deferral and the date that the review panel will reconvene to review any new information affecting the request.

DCF 13.13(5)(c)3. 3. ‘Denial.’ A denial shall include all of the following:

DCF 13.13(5)(c)3.a. a. The type of child care program to which the decision applies.

DCF 13.13(5)(c)3.b. b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or noncaregiver employee, contract to be a caregiver or noncaregiver employee, or status as a household member at a child care program.

DCF 13.13(5)(c)3.c. c. The reason for the denial.

DCF 13.13(5)(c)3.d. d. Notice that the person may appeal the denial and a summary of the appeal process under s. 48.686 (5c), Stats., and s. DCF 13.14.

DCF 13.13(6) (6) Review panel decision distribution.

DCF 13.13(6)(a) (a) A review panel shall send a decision made under sub. (5) to the person who is the subject of the rehabilitation review and, if requested, a copy to entities specified by that person.

DCF 13.13(6)(b) (b) Within 10 days after sending a rehabilitation review decision to the subject of the rehabilitation review under par. (a), the review panel for an agency shall send all of the following to the department:

DCF 13.13(6)(b)1. 1. A copy of the review panel’s decision.

DCF 13.13(6)(b)2. 2. A copy of the person’s application under s. DCF 13.12.

DCF 13.13(6)(b)3. 3. A completed rehabilitation review decision report on a form prescribed by the department.

DCF 13.13 Note Note: Form DCF-F-418-E, Rehabilitation Review Panel Decision Report, is available in the forms section of the department website at http://dcf.wisconsin.gov. The materials should be sent to Attn: Rehabilitation Review Coordinator, Office of Legal Counsel, Department of Children and Families, P. O. Box 8916, Madison, WI 53708-8916.

DCF 13.13(7) (7) Retention of rehabilitation decision documentation.

DCF 13.13(7)(a) (a) The agency shall retain a copy of a written decision by a rehabilitation review panel and any decisions from filed appeals that may result.

DCF 13.13(7)(b) (b) The agency shall retain a copy of a rehabilitation review request and all materials or information obtained or notes made as part of a rehabilitation review decision for at least 10 years after the decision is made and any appeals are finalized.

DCF 13.13 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (4) (intro.), (5) (c) 1. b., 3. b. Register July 2020 No. 775, eff. 8-1-20.

DCF 13.14 DCF 13.14 Appealing a rehabilitation review panel’s denial.

DCF 13.14(1) (1) 

DCF 13.14(1)(a) (a) A person who is denied rehabilitation approval under s. DCF 13.13 may submit a written request for review of the decision by the secretary or the secretary’s designee under s. 48.686 (5c), Stats. A request for review shall be submitted within 10 days after the date of the written decision by the rehabilitation panel. No new evidence may be submitted.