DCF 12.02 Note
Note: See s.
48.57 (3p), Stats., and s.
DCF 58.05 for information on background checks required for kinship care.
DCF 12.02(15)
(15) “Final substantiated finding" means all of the following:
DCF 12.02(15)(a)
(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.
DCF 12.02(15)(b)
(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.
DCF 12.02(16)
(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.
DCF 12.02(17)
(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.
DCF 12.02(18)
(18) “Nonclient resident" means a person who meets all of the following criteria:
DCF 12.02(18)(d)
(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).
DCF 12.02 Note
Note: For example, household members in foster homes are “nonclient residents.”
DCF 12.02 Note
Note: Section
990.01 (26), Stats., provides that “person" includes all partnerships, associations and bodies politic or corporate.
DCF 12.02(20)
(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.
DCF 12.02(21)
(21) “Regulatory approval" means any of the following:
DCF 12.02(21)(a)
(a) Issuance, continuation, or renewal of a license by the department under s.
48.66, Stats.
DCF 12.02(21)(b)
(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.
DCF 12.02(21)(d)
(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.
DCF 12.02(21)(f)
(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.
DCF 12.02(21)(g)
(g) Approval of pre-adoptive applicants for a home study for the purpose of adopting a child.
DCF 12.02(21)(h)
(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.
DCF 12.02(22)
(22) “Rehabilitation review" means an agency process under which a person who has a bar may seek approval for any of the following:
DCF 12.02(22)(b)
(b) Employment or contract with an entity to be a caregiver or a congregate care worker for the entity.
DCF 12.02(24)
(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.
DCF 12.02 Note
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.
DCF 12.02 Note
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 12.02 Note
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.
DCF 12.02(25)
(25) “Tribe" means a federally-recognized American Indian tribe or band in this state.
DCF 12.02(26)
(26) “Under the control of the entity" means that an entity does all of the following:
DCF 12.02(26)(a)
(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.
DCF 12.02(26)(b)1.
1. The policies or procedures the person must follow in performing the caregiving duties.
DCF 12.02(26)(b)2.
2. The conditions under which the person performs the caregiving duties.
DCF 12.02(26)(b)5.
5. The supervision or evaluation of the person's work or job performance, including imposing discipline and rewarding performance.
DCF 12.02(26)(b)6.
6. The compensation the person may receive for performing the caregiving duties.
DCF 12.02 History
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
DCF 12.03 Background information disclosure. In this chapter:
DCF 12.03(1)
(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.
DCF 12.03 Note
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.
DCF 12.03(2)
(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.
DCF 12.03(3)
(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.
DCF 12.03 History
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
DCF 12.04 Contracting for background checks. DCF 12.04(1)(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.
DCF 12.04(2)(a)(a) An entity that enters into a contract under sub.
(1) shall retain a copy of the agreement.
DCF 12.04(2)(b)
(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:
DCF 12.04(2)(b)1.
1. A copy of the completed background information disclosure if completion of the background information disclosure is required under s.
48.685 (6), Stats.
DCF 12.04(2)(c)
(c) The entity shall retain the most recent documentation received under par.
(b) for each caregiver and congregate care worker that the entity employs or contracts with, so the documentation may be promptly retrieved and reviewed by the agency that regulates the entity.
DCF 12.04 Note
Note: For child-placing agencies, the record retention period in par. (c) only applies to contracting for background checks of employees and contractors of the agency. Different record retention requirements apply for records on foster parents.
DCF 12.04 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (title), (2) (c) Register June 2022 No. 798, eff. 7-1-22. DCF 12.05
DCF 12.05 Obtaining armed forces information. DCF 12.05(1)(1)
If a person who is the subject of a background check served in a branch of the U.S. armed forces within the previous 3 years, including any reserve component, the agency or entity shall make every reasonable effort to obtain the discharge status of that person, either from the discharge papers issued to the person or from the armed forces branch in which the person served.
DCF 12.05(2)
(2) The agency or entity shall document the efforts made to obtain the discharge status of the person.
DCF 12.05(3)
(3) If the discharge status of the person is other than honorable, the agency or entity shall obtain information on the nature and circumstances of the discharge.
DCF 12.05 Note
Note: The information from the armed forces may include relevant military court findings or information relevant to making a determination of whether an applicant is fit and qualified.
DCF 12.05 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22. DCF 12.06
DCF 12.06 Determining whether other offenses are substantially related. DCF 12.06(1)(1)
Caregivers and congregate care workers. To determine whether a caregiver's or a congregate care worker's conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a client or the activities of a program for purposes of s.
48.685 (5m), Stats., an agency or entity shall consider all of the following:
DCF 12.06(1)(a)
(a) In relation to the job or caregiving role, all of the following:
DCF 12.06(1)(a)1.
1. The nature and scope of the caregiver's or congregate care worker's client contact.
DCF 12.06(1)(a)2.
2. The scope of the discretionary authority and independent judgment the caregiver or congregate care worker has to make decisions or take actions that affect the care of clients.
DCF 12.06(1)(a)3.
3. The opportunity the job or caregiving role presents for committing similar crimes.
DCF 12.06(1)(a)4.
4. The extent to which acceptable performance in the job or caregiving role requires the trust and confidence of clients and the parents or guardians of clients.
DCF 12.06(1)(b)
(b) In relation to the criminal conviction or delinquency adjudication, all of the following:
DCF 12.06(1)(b)2.
2. Whether the elements or circumstances of the crime are related to the job or caregiving duties.
DCF 12.06(1)(b)3.
3. Any pattern of criminal convictions or delinquency adjudications
DCF 12.06(1)(b)4.
4. The extent to which the crime relates to clients or other vulnerable persons
DCF 12.06(1)(c)1.
1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.
DCF 12.06(1)(c)2.
2. The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, or contract.
DCF 12.06(1)(c)3.
3. The person's employment history, including references, if available.
DCF 12.06(1)(c)4.
4. The person's participation in or completion of pertinent programs of a rehabilitative nature.
DCF 12.06(1)(c)6.
6. The person's ability to perform or to continue to perform the job or caregiving role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.
