DHS 12.03(17)(a)2. 2. Issuance or renewal by a county department or child-placing agency of a foster home license under s. 48.62 or 48.75, Stats., including a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats., and includes approval of pre-adoptive applicants who contract for a home study with a licensed private child placing agency for approval of a placement of a child for adoption.

DHS 12.03 Note Note: Administrative rules governing county certified day care centers appear in ch. DCF 202.

DHS 12.03(17)(a)3. 3. Approval by a school board under s. 120.13 (14), Stats., of day care services established by or contracted with a day care provider.

DHS 12.03(17)(b) (b) For purposes of s. 50.065, Stats., issuance by the department of an entity license, certification, certificate of approval or registration, or approval by the department of the continuation of an entity license, certification, certificate of approval or registration.

DHS 12.03(18) (18) “Rehabilitation review” refers to an agency or tribal process where a person who is eligible under s. 48.685 (5) (a) or 50.065 (5), Stats., may seek the removal of a bar from regulatory approval, from employment as a caregiver at or contracting with an entity, or from residency at an entity.

DHS 12.03(19) (19) “School board” means the school board or board of school directors in charge of the schools of a school district.

DHS 12.03(20) (20) “Serious crime” has the meaning specified in s. 48.685 (1) (c) or 50.065 (1) (e), Stats., whichever is applicable.

DHS 12.03(20m) (20m) “Substitute caregiver” means, with respect to a client who is receiving personal care services in the client’s residence, an individual who provides personal care services to the client for 7 or fewer days in a 90-day period.

DHS 12.03(21) (21) “Supportive home care service agency” means a home health agency licensed under s. 50.49, Stats., and ch. DHS 133.

DHS 12.03(23) (23) “Tribal governing body” means an elected tribal governing body of a federally recognized American Indian tribe.

DHS 12.03(24) (24) “Tribe” has the meaning specified in s. 50.065 (1) (g), Stats.

DHS 12.03(25) (25) “Under the entity’s control” means an entity does all of the following:

DHS 12.03(25)(a) (a) Determines whether a person employed by or under contract with the entity who has direct, regular contact with clients served by the entity may provide care, treatment, or other similar support service functions to clients.

DHS 12.03(25)(b) (b) Directs or oversees one or more of the following:

DHS 12.03(25)(b)1. 1. The policies or procedures the person must follow in performing his or her duties.

DHS 12.03(25)(b)2. 2. The conditions under which the person performs his or her duties.

DHS 12.03(25)(b)3. 3. The tasks the person performs.

DHS 12.03(25)(b)4. 4. The person’s work schedule.

DHS 12.03(25)(b)5. 5. The supervision or evaluation of the person’s work or job performance, including imposing discipline or awarding performance awards.

DHS 12.03(25)(b)6. 6. The compensation the person receives for performing his or her duties.

DHS 12.03 History History: Cr. Register, August, 2000, No. 536, eff. 9-1-00; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; corrections in (1), (3), (9), (15), (21) and (22) (c) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR0832: emerg. r. and recr. (15), cr. (20m), eff. 11-1-08; CR 08-098: r. and recr. (15), cr. (20m) Register June 2009 No. 642, eff. 7-1-09; correction in (24) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 659; CR 20-067: am. (12), (17) (a) 2., r. (22) Register December 2021 No. 792, eff. 1-1-22.

subch. II of ch. DHS 12 Subchapter II — Background Checks

DHS 12.04 DHS 12.04 Contracting for background checks.

DHS 12.04(1) (1) An entity may enter into and shall retain an agreement or contract with any entity identified under s. 48.685 (1) (b) or 50.065 (1) (c), Stats., or with any college, or university, including any vocational or technical college or school, or temporary employment agency or other person, to have the entity, school, temporary employment agency, or other person obtain and retain required background information related to caregivers, including contractors, students, or temporary employees, who, as part of their curriculum, must participate in clinical or practicum experiences at an entity.

DHS 12.04(2) (2) An entity that enters into an agreement or contract under sub. (1) shall obtain, at a minimum, from the other entity, university, college or technical school, temporary employment agency, or other person contracted with, and shall retain so that it may be promptly retrieved for inspection by the agency, a letter indicating the name or names and social security numbers, if available, of the caregivers, including temporary employees, contractors, or students, listing any convictions learned of during the course of the required background checks, along with any substantiated findings of misconduct, licensure denial or restriction or any other credential limitation found by either the department or the department of safety and professional services.

DHS 12.04 Note Note: Caregiver background check forms and resources are available by accessing: https://www.dhs.wisconsin.gov/caregiver/cbcprocess.htm.

DHS 12.04 Note Note: The only persons who may access information maintained by a county department regarding a substantiated report of child abuse or neglect against a person are those identified in s. 48.981 (7), Stats.

DHS 12.04 History History: Cr. Register, August, 2000, No. 536, eff. 9-1-00; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674.

DHS 12.05 DHS 12.05 Sanctions.