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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)(a)3. 3. The amount and type of supervision of the nonclient resident.
DCF 12.06(2)(b) (b) In relation to the criminal conviction or delinquency adjudication, all of the following:
DCF 12.06(2)(b)1. 1. Whether intent is an element of the crime.
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)(b)5. 5. Whether the crime involves violence or a threat of harm.
DCF 12.06(2)(b)6. 6. Whether the crime is of a sexual nature.
DCF 12.06(2)(c) (c) In relation to the person, all of the following:
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(2)(c)4. 4. The person's probation, extended supervision, or parole status.
DCF 12.06(2)(c)5. 5. The age of the person on the date the crime was committed.
DCF 12.06(3) (3)Documentation.
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, Caregiver 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 A person who was refused employment or who had his or her employment terminated and believes he or she may have been discriminated against, may file a complaint under s. 111.335, Stats., with the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or telephone 608-266-6860.
DCF 12.06 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16.
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 DCF 12.08 Reporting requirements.
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 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 on or after his or her 10th birthday.
DCF 12.08(1)(b) (b) The person has been adjudicated delinquent on or after his or her 10th birthday 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)(d) (d) The person has been convicted of any 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) (2)Other entity reporting.
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)3. 3. A nonclient resident turns 18 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 caregiver background check.
DCF 12.08(2)(a)5. 5. A caregiver under s. DCF 12.02 (4) (a) or a nonclient resident at the entity changes his or her name.
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 caregiver 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) 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 on or after his or her 10th birthday.
DCF 12.08(3)(b) (b) The person has been adjudicated delinquent on or after his or her 10th birthday 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)(d) (d) The person has been convicted of any 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.
DCF 12.09 DCF 12.09 Sanctions.
DCF 12.09(1)(1)Entity.
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):
DCF 12.09(1)(a)1. 1. Hires, employs, or contracts with a caregiver or permits a nonclient resident to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) if the entity knows, or should know, that the caregiver or nonclient resident is barred under s. 48.685 (4m) (b) or that a nonclient resident is ineligible for residency under s. 48.685 (5m), Stats.
DCF 12.09(1)(a)2. 2. Violates any provision in s. 48.685, Stats., or this chapter regarding caregivers specified in s. DCF 12.02 (4) (b) or (c), including requiring completion of a background information disclosure as required under s. 48.685 (6), and conducting the caregiver background check as required under s. 48.685 (2) and (3), Stats.
DCF 12.09(1)(a)3.a.a. Knows, or should know, that a nonclient resident at the entity failed to complete and submit the background information disclosure to the applicable agency as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the applicable agency.
DCF 12.09(1)(a)3.b. b. Knows, or should know, that a nonclient resident of a caregiver specified in s. DCF 12.02 (4) (c) failed to complete and submit the background information disclosure to the entity specified in s. DCF 12.02 (14) (L) as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the entity specified in s. DCF 12.02 (14) (L).
DCF 12.09(1)(a)4. 4. Fails to complete and submit the background information disclosure to the applicable agency as required under s. 48.685 (6), Stats.
DCF 12.09(1)(a)5. 5. Knowingly gives false information on or knowingly omits information from the background information disclosure submitted to the applicable agency.
DCF 12.09(1)(a)6. 6. Fails to comply with applicable reporting requirements under s. DCF 12.08 (1) or (2).
DCF 12.09(1)(a)7. 7. Fails to have a policy on reporting changes as required in s. DCF 12.08 (3).
DCF 12.09(1)(b) (b) Any of the following sanctions may be imposed on an entity that commits any of the acts described in par. (a):
DCF 12.09(1)(b)1. 1. Denial, revocation, nonrenewal, suspension, or termination of regulatory approval.
DCF 12.09(1)(b)2. 2. Specific conditions or limitations placed on the regulatory approval.
DCF 12.09(1)(b)3. 3. A forfeiture of not more than $1,000.
DCF 12.09(1)(b)4. 4. A requirement that the entity develop a written plan that specifies corrections that will be made to personnel screening practices, obtain agency approval of the correction plan, and implement the correction plan.
DCF 12.09(1)(b)5. 5. Attendance at agency-designated training on personnel screening or other appropriate training at entity expense.
DCF 12.09(2) (2)Applicant. An applicant for regulatory approval who does any of the following is subject to denial of an application for regulatory approval:
DCF 12.09(2)(a) (a) Fails to complete and submit a background information disclosure to the appropriate agency.
DCF 12.09(2)(b) (b) Knowingly provides false information on or knowingly omits information from the background information disclosure submitted to the agency.
DCF 12.09 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1) (a) (intro.), (2) (intro.), eff. 1-30-19; CR 19-089: am. (1) (a) (intro.), (2) (intro.) Register March 2020 No. 771, eff. 4-1-20.
DCF 12.10 DCF 12.10 Rehabilitation reviews by agencies.
DCF 12.10(1)(1)An agency shall conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s. 48.685 (5), Stats., and s. DCF 12.11 and is any of the following:
DCF 12.10(1)(a) (a) A person who has, or is seeking, regulatory approval from the agency as a caregiver specified in s. DCF 12.02 (4) (a).
DCF 12.10(1)(b) (b) A person who is, or is expected to be, a caregiver specified in s. DCF 12.02 (4) (b) for an entity that is regulated by the agency.
DCF 12.10(1)(c) (c) A person who is, or is expected to be, a nonclient resident at an entity that is regulated by the agency.
DCF 12.10(2) (2)Notwithstanding sub. (1), the department shall conduct rehabilitation reviews for a person who requests a rehabilitation review if the person is eligible under s. 48.685 (5), Stats., and s. DCF 12.11 and is any of the following:
DCF 12.10(2)(a) (a) A person to whom delegation of the care and custody of a child under s. 48.979 has been, or is expected to be, facilitated by an entity.
DCF 12.10(2)(b) (b) A person who is, or is expected to be, a nonclient resident of a person specified in par. (a).
DCF 12.10 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16.
DCF 12.11 DCF 12.11 Eligibility to request rehabilitation review. A person who is not eligible under s. 48.685 (4m), Stats., to receive regulatory approval, to be employed as a caregiver, to contract with an entity to be a caregiver, or to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) may request a rehabilitation review, unless any of the following apply:
DCF 12.11(1) (1)The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats.
DCF 12.11(2) (2)The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats., during a waiting period that has not ended.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.