Wisconsin Legislature: DCF 12.02(14)(e)3.

(4) “Caregiver” means any of the persons specified in s. 48.685 (1) (ag), Stats., and any of the following:

(a) A person who has, or is seeking, regulatory approval.

(b) A person who is, or is expected to be, an employee, a temporary employee, a student participating in a clinical or practicum at an entity as part of the curriculum, or a contractor of an entity if all of the following apply:

1. The person is, or is expected to be, under the control of the entity.

2. The person has, or is expected to have, regular, direct contact with clients of the entity.

(c) A person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been, or is expected to be, facilitated by an entity.

Note: Section 48.685 (1) (ag) 2., Stats., provides that “caregiver” does not include an emergency medical technician or a first responder.

(7) “Child-placing agency” means a person that is licensed under ch. DCF 54.

Note: A child-placing agency is an entity and may also be an agency. A tribe may be licensed as a child-placing agency under ch. DCF 54 or may provide similar services under tribal law.

(8) “Client” means a person who receives direct care or treatment services from an entity, from a caregiver specified in s. DCF 12.02 (4) (c), or from a child care program under s. 48.686 (1) (aj). “Client” includes all of the following:

(a) An adopted child for whom adoption assistance payments are being made under s. 48.975, Stats.

(b) A child for whom subsidized guardianship payments are being made under s. 48.623, Stats.

(c) A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a) from an agency, is no longer placed in out-of-home care, and is residing in the foster home in which the person was previously placed.

Note: Most types of “clients” are not specified in this definition because the phrase “a person who receives direct care or treatment services from an entity” clearly applies to them. For further information, see the definition of “entity” in s. DCF 12.02 (14).

(8g) “Congregate care facility” means a residential care center for children and youth under s. 48.02 (15d), Stats.; a group home under s. 48.02 (7), Stats.; or a shelter care facility under s. 48.02 (17), Stats.

(8r) “Congregate care worker” means an adult who works in a congregate care facility. “Congregate care worker” includes a person who has or is seeking a license to operate a congregate care facility and does not include an unpaid volunteer.

(9) “Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity under an express or implied contract or subcontract. “Contractor” includes a person who has staff privileges at the entity and a person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been facilitated by the entity.

(10) “County department” means a county department of social services established under s. 46.22, Stats., or a county department of human services established under s. 46.23, Stats.

(11) “Department” means the department of children and families.

(12) “Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.

(13) “Division of hearings and appeals” means the division of hearings and appeals within the department of administration.

(14) “Entity” means any of the following:

(a) A residential care center for children and youth that is required to be licensed as a child welfare agency under s. 48.60, Stats., and is licensed under ch. DCF 52 to provide care and maintenance for children and youth in its physical or legal custody.

(b) A child-placing agency.

(d) An interim caretaker who receives subsidized guardianship payments under s. 48.623 (6) (am), Stats., and s. DCF 55.12.

(e) A person who meets all of the following conditions:

1. The person is seeking payments under s. 48.623 (6) (bm), Stats.

2. The person has entered into a subsidized guardianship agreement under s. 48.623 (2), Stats., following the death or incapacity of a guardian who had named the person as a prospective successor guardian.

3. The person has not been appointed as a successor guardian by a court under s. 48.977 (5m), Stats.

(f) A group home that is required to be licensed under s. 48.625, Stats., and is licensed under ch. DCF 57.

(g) A shelter care facility licensed under s. 938.22, Stats., and ch. DCF 59.

(k) A temporary employment agency that provides caregivers or congregate care workers to another entity.

(L) An organization that facilitates delegations of the care and custody of children under s. 48.979, Stats., except as provided in s. DCF 12.01 (2).

(m) Any other entity included in s. 48.685 (1) (b), Stats.

Note: See s. 48.57 (3p), Stats., and s. DCF 58.05 for information on background checks required for kinship care.

(15) “Final substantiated finding” means all of the following:

(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(16) “Foster home” means a facility operated by a person who is required to be licensed under s. 48.62, Stats., and is licensed under ch. DCF 56, including a home operated by a person seeking adoption assistance under s. 48.975, Stats., and a home operated by a person seeking subsidized guardianship payments under s. 48.623, Stats.

(17) “Home study” means an assessment to determine whether an applicant is fit and qualified to care for a child and whether the physical environment of the applicant’s home is safe and healthy for all occupants.

(18) “Nonclient resident” means a person who meets all of the following criteria:

(a) The person is 10 years of age or over.

(b) The person resides, or is expected to reside, at an entity or with a caregiver specified in s. DCF 12.02 (4) (c).

(d) The person has, or is expected to have, regular, direct contact with clients of the entity or of the caregiver specified in s. DCF 12.02 (4) (c).

Note: For example, household members in foster homes are “nonclient residents.”

(19) “Person” has the meaning specified in s. 990.01 (26), Stats.

Note: Section 990.01 (26), Stats., provides that “person” includes all partnerships, associations and bodies politic or corporate.

(20) “Regular, direct contact with clients” means contact that is scheduled, planned, expected, or otherwise a result of the person’s role or relationship with the client.

(21) “Regulatory approval” means any of the following:

(a) Issuance, continuation, or renewal of a license by the department under s. 48.66, Stats.

(b) Issuance or renewal of a license to operate a foster home by the department, a county department, or a child-placing agency under s. 48.75, Stats.

(d) Approval of the person subject to the background check for a child care program to be established or contracted for by a school board under s. 120.13 (14), Stats.

(e) Approval of a person to be an interim caretaker who receives subsidized guardianship payments under s. 48.623 (6) (am), Stats., and s. DCF 55.12.

(f) Approval of a person who is seeking to be a successor guardian and to receive subsidized guardianship payments under s. 48.623 (6) (bm), Stats.

(g) Approval of pre-adoptive applicants for a home study for the purpose of adopting a child.

(h) Approval of a home study by the department, a county department, a child-placing agency, or a tribe for a person seeking adoption assistance under s. 48.975, Stats.

(22) “Rehabilitation review” means an agency process under which a person who has a bar may seek approval for any of the following:

(a) Regulatory approval.

(b) Employment or contract with an entity to be a caregiver or a congregate care worker for the entity.

(24) “Serious crime” means the offenses specified in s. 48.685 (1) (c), Stats. “Serious crime” includes the offenses specified in s. 48.685 (5) (bm) 4., Stats., after the waiting period for eligibility to demonstrate rehabilitation, unless the person has demonstrated rehabilitation under s. DCF 12.13 or 12.14.

Note: Tables that list serious crimes applicable to each program are available in the program regulatory sections of the department website at http://dcf.wisconsin.gov.

For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.

For foster homes, adoption home studies, adoption assistance, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.

(25) “Tribe” means a federally-recognized American Indian tribe or band in this state.

(26) “Under the control of the entity” means that an entity does all of the following:

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

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

1. The policies or procedures the person must follow in performing the caregiving duties.

2. The conditions under which the person performs the caregiving duties.

3. The tasks the person performs.

4. The person’s work schedule.

5. The supervision or evaluation of the person’s work or job performance, including imposing discipline and rewarding performance.

6. The compensation the person may receive for performing the caregiving duties.

History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), r. (6), am. (8) (intro.), r. (14) (h) to (j), am. (18) (a), r. (21) (c), (d), (23), r. and recr. (24), eff. 1-30-19; CR 19-089: am. (1), r. (6), am. (8) (intro.), r. (14) (h) to (j), am. (18) (a), r. (21) (c), (d), (23), r. and recr. (24) Register March 2020 No. 771, eff. 4-1-20; correction in (8) (intro.) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-107: am. (2), (3) (a), (4) (b) (intro.), renum. (5) to (1m) and am., am. (8) (c), cr. (8g), (8r), am. (14) (k), (15) (b), cr. (21) (d), am. (22) (b), (26) (b) 1., 2., 6. Register June 2022 No. 798, eff. 7-1-22.

DCF 12.03 Background information disclosure. In this chapter:

(1) Required form. Each agency and entity shall use and require use of the background information disclosure prescribed by the department to be completed to obtain information about a person’s background from the person as provided in s. 48.685 (6), Stats.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or from an agency or entity.

(2) Timely bid. Each agency and entity specified in s. DCF 12.02 (14) (a) to (g) shall require the background information disclosure to be completed by each caregiver, congregate care worker, and nonclient resident no more than 120 days before the agency or entity submits a request for information required under s. 48.685 (2) (am) or (b) and (3) (a) or (b), Stats.

(3) Maintaining Confidentiality. Each agency and entity shall retain all completed department background information disclosures in a manner that ensures prompt retrieval of the forms for inspection and shall comply with applicable federal and state confidentiality laws.

History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. r. and recr. (2) (title), eff. 1-30-19; CR 19-089: r. and recr. (2) (title) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (2) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.04 Contracting for background checks.

(1) Contract. An entity may enter into a contract with any other entity or with a person, temporary employment agency, college, university, or vocational school to obtain the information required under s. 48.685 (2), (3), or (6), Stats.

(2) Documentation.

(a) An entity that enters into a contract under sub. (1) shall retain a copy of the agreement.

(b) An entity that enters into a contract under sub. (1) shall obtain from the entity, person, temporary employment agency, college, university, or vocational school that conducts the search for information required under s. 48.685 (2) or (3), Stats., all of the following for each person who is the subject of a search:

1. A copy of the completed background information disclosure if completion of the background information disclosure is required under s. 48.685 (6), Stats.