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.
DCF 12.06(2)
(2)
Nonclient residents. To determine whether a nonclient resident's criminal conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to a nonclient resident's access to clients or the activities of a program for purposes of s.
48.685 (5m), Stats., an agency shall consider all of the following:
DCF 12.06(2)(a)
(a) In relation to nonclient residency, all of the following:
DCF 12.06(2)(a)1.
1. The nature and scope of the nonclient resident's contact with clients or activities of the program.
DCF 12.06(2)(a)2.
2. The opportunity nonclient residency presents for committing similar crimes.
DCF 12.06(2)(b)
(b) In relation to the criminal conviction or delinquency adjudication, all of the following:
DCF 12.06(2)(b)2.
2. Whether the elements or circumstances of the crime involve access to clients or activities of the program.
DCF 12.06(2)(b)3.
3. Any pattern of criminal convictions or delinquency adjudications.
DCF 12.06(2)(b)4.
4. The extent to which the crime relates to clients or other vulnerable persons.
DCF 12.06(2)(c)1.
1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.
DCF 12.06(2)(c)2.
2. The length of time between the conviction or delinquency adjudication and the determination affecting nonclient residency.
DCF 12.06(2)(c)3.
3. The person's participation in or completion of pertinent programs of a rehabilitative nature.
DCF 12.06(3)(a)(a) An agency shall document how it reached the determination under sub.
(1) that the criminal conviction or delinquency adjudication of a caregiver under s.
DCF 12.02 (4) (a) is or is not substantially related to care of a client or activities of the program.
DCF 12.06(3)(b)
(b) An agency shall document how it reached the determination under sub.
(2) that the criminal conviction or delinquency adjudication of a nonclient resident is or is not substantially related to access to clients or activities of a program.
DCF 12.06(3)(c)
(c) An entity shall document how it reached a determination under sub.
(1) that a criminal conviction or delinquency adjudication of a caregiver specified in s.
DCF 12.02 (4) (b) is or is not substantially related to the care of a client or activities of a program.
DCF 12.06 Note
Note: Form DCF-F-CFS2261-E, Background Checks Substantially Related Investigation Report, is available, but is optional, for documentation of the determination as required in sub. (3). If a home study is required for foster care licensure, subsidized guardianship, or adoption approval, county departments and child-placing agencies must include documentation of the determination in the home study.
DCF 12.06 Annotation
An agency or entity is required to determine whether a criminal conviction or delinquency adjudication for an offense that is not a “serious crime" as defined in s. DCF 12.02 (24) is substantially related to the care of children or the activities of the program. It may be helpful to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction as part of that investigation and determination. Section 48.685 (2) (bb), Stats., requires an agency or entity to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., if the conviction was within the past 5 years.
DCF 12.06 Annotation
To file a complaint of prohibited employment discrimination under s. 111.335, Stats., contact the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or 608-266-6860.
DCF 12.06 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (1) (title), (intro.), (a) 1. to 4. Register June 2022 No. 798, eff. 7-1-22. DCF 12.07
DCF 12.07 Denial and revocation information. Each county department and child-placing agency
shall provide the department with written information about each person for whom the county department or child-placing agency denied or revoked regulatory approval specified in s.
DCF 12.02 (21) (b),
(e),
(f),
(g), or
(h) for a reason specified in s.
48.685 (4m), Stats. The county department or child-placing agency shall provide the information in an automation system prescribed by the department or on a form prescribed by the department.
DCF 12.07 Note
Note: County departments and child-placing agencies with direct access to eWiSACWIS, the department's child welfare automation system, enter the information into the system. Child-placing agencies that do not have direct access to eWiSACWIS provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department's website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.
DCF 12.07 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. am. (title), eff. 1-30-19;
CR 19-089: am. (title)
Register March 2020 No. 771, eff. 4-1-20.
DCF 12.08(1)(1)
Entity reporting of offense. An entity shall report to the agency that gave regulatory approval as soon as the entity knows, or should have known, that any of the following apply to a caregiver, congregate care worker, or nonclient resident at the entity:
DCF 12.08(1)(a)
(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.
DCF 12.08(1)(b)
(b) The person has been adjudicated delinquent for committing any crime.
DCF 12.08(1)(c)
(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.
DCF 12.08(1)(e)
(e) A final substantiated finding has been made that the person abused or neglected a child.
DCF 12.08(1)(f)
(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
DCF 12.08(1)(g)
(g) A unit of government or a state agency as defined in s.
16.61 (2) (d), Stats., made a finding that the person has abused or neglected a client or misappropriated the property of a client.
DCF 12.08(1)(h)
(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.
DCF 12.08(2)(a)(a) An entity shall report to the agency that gave regulatory approval as soon as possible, but no later than the agency's next business day, if any of the following occurs:
DCF 12.08(2)(a)1.
1. A person who is age 10 or over and is not a client begins residing at, or is expected to reside at, an entity.
DCF 12.08(2)(a)2.
2. A person who is residing at the entity and is not a client turns 10 years of age.
DCF 12.08(2)(a)4.
4. A corporation or limited liability company designates a new person to be subject to the background check.
DCF 12.08(2)(b)
(b) When a change specified under par.
(a) 1. to
4. occurs regarding an entity, the entity shall submit a completed background information disclosure for the new person subject to the background check to the agency as soon as possible, but no later than the agency's next business day.
DCF 12.08(3)
(3)
Entity policy. An entity shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s.
DCF 12.02 (4) (b) or a congregate care worker to notify the entity as soon as possible, but no later than the entity's next working day, if any of the following apply:
DCF 12.08(3)(a)
(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.
DCF 12.08(3)(b)
(b) The person has been adjudicated delinquent for committing any crime.
DCF 12.08(3)(c)
(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.
DCF 12.08(3)(e)
(e) A final substantiated finding has been made that the person abused or neglected a child.
DCF 12.08(3)(f)
(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
DCF 12.08(3)(g)
(g) A unit of government or a state agency as defined in s.
16.61 (2) (d), Stats., has made a finding that the person has abused a client or misappropriated the property of a client.
DCF 12.08(3)(h)
(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.
DCF 12.08 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
EmR1918: emerg. am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b), eff. 1-30-19;
CR 19-089: am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b)
Register March 2020 No. 771, eff. 4-1-20;
CR 21-107: am. (1) (intro.), (a), (b), (2) (a) 4., 5., (b), (3) (intro.), (a), (b) Register June 2022 No. 798, eff. 7-1-22. DCF 12.09(1)(a)(a) An entity that does any of the following may be subject to one or more of the sanctions specified in par.
(b):
