Chapter DCF 12

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) or a congregate care worker 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; CR 21-107: am. (1) (b) Register June 2022 No. 798, eff. 7-1-22.

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 or a congregate care worker, to contract with an entity to be a caregiver or a congregate care worker, 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.

DCF 12.11 Note Note: Tables listing barring offenses and the availability of rehabilitation review for each offense are in the applicable program regulatory sections of the department website at http://dcf.wisconsin.gov.

DCF 12.11 Annotation 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 12.11 Annotation For foster homes, adoption home studies, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.

DCF 12.11 Annotation For child care, see the child care regulation/child care licensing or child care certification sections of the department website.

DCF 12.11(3) (3) Within the preceding 12 months, an agency denied the person’s request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or nonclient resident status with the same level of direct contact with clients or unsupervised access to clients.

DCF 12.11 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2), eff. 1-30-19; CR 19-089: renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2) Register March 2020 No. 771, eff. 4-1-20; correction in (2) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-107: am. (intro.) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.12 DCF 12.12 Applying for rehabilitation review. To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s. DCF 12.11 shall do all of the following:

DCF 12.12(1) (1) Obtain a rehabilitation review application on a form prescribed by the department and submit the completed application to the applicable agency.

DCF 12.12 Note Note: Form DCF-F-419 Rehabilitation Review Application Instructions, is available in the forms section of the department website, http://dcf.wisconsin.gov.

DCF 12.12(2) (2) Submit any supporting documents and information required by the rehabilitation review application to the applicable agency.

DCF 12.12 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16.

DCF 12.13 DCF 12.13 Agency rehabilitation review process. In this chapter:

DCF 12.13(1) (1) Time frame. If an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received by the applicable agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.

DCF 12.13(2) (2) Rehabilitation review panel. If a person who is eligible for rehabilitation review under s. DCF 12.11 submits an application that is complete under s. DCF 12.12 no later than the deadline in sub. (1), the applicable agency shall appoint a review panel of at least 2 persons to review the information submitted. The panel may request additional information from the person requesting the review or from other agencies or persons familiar with the person.

DCF 12.13(3) (3) Requester appearance.

DCF 12.13(3)(a) (a) A person for whom a rehabilitation review is conducted under sub. (2) shall be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have.

DCF 12.13(3)(b) (b) The person’s appearance before the review panel may be in person, by telephone, or other technology approved by the agency.

DCF 12.13(4) (4) Rehabilitation decision factors. After reviewing the information obtained, the review panel shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that the person is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity or with a caregiver specified in s. DCF 12.02 (4) (c). The panel shall consider at least the following factors, as applicable:

DCF 12.13(4)(a) (a) Personal references and comments from employers, persons, and agencies familiar with the applicant and statements from therapists, counselors, and other professionals.

DCF 12.13(4)(b) (b) Evidence of successful adjustment to, compliance with, or proof of successful completion of parole, extended supervision, probation, incarceration, or work release privileges.

DCF 12.13(4)(c) (c) Any investigations or enforcement actions by a regulatory agency for substantial noncompliance with applicable laws.

DCF 12.13(4)(d) (d) Any subsequent contacts with law enforcement agencies, including arrests, charges, convictions, pending criminal or civil arrest warrants, civil judgments, or other legal enforcement actions or injunctions against the person.

DCF 12.13(4)(e) (e) Any aggravating or mitigating circumstances surrounding the barring crime, act, or offense.

DCF 12.13(4)(f) (f) Evidence of rehabilitation, such as public or community service, volunteer work, recognition by other public or private authorities for accomplishments or efforts or attempts at restitution, and demonstrated ability to develop positive social interaction and increased independence or autonomy of daily living.

DCF 12.13(4)(g) (g) The age of the person at the time of the offense and the amount of time between the crime, act, or offense and the request for rehabilitation review.

DCF 12.13(4)(h) (h) Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction.

DCF 12.13(4)(i) (i) A victim’s impact statement, if appropriate.

DCF 12.13(4)(j) (j) The person’s employment history, including evidence of acceptable performance or competency and dedication to the person’s profession.

DCF 12.13(4)(k) (k) The nature and scope of the person’s contact with clients in the position requested.

DCF 12.13(4)(L) (L) The degree to which the person would be directly supervised or working independently in the position requested.

DCF 12.13(4)(m) (m) The opportunity presented for someone in the position to commit similar offenses.

DCF 12.13(4)(n) (n) The number, type, and pattern of offenses committed by the person.

DCF 12.13(4)(o) (o) Successful participation in or completion of recommended rehabilitation, treatment, or programs.

DCF 12.13(4)(p) (p) Unmet treatment needs.

DCF 12.13(4)(q) (q) The person’s veracity.

DCF 12.13(5) (5) Review panel decision.

DCF 12.13(5)(a) (a) Scope. A review panel may grant rehabilitation approval only within the scope of the agency’s regulatory authority.

DCF 12.13(5)(b) (b) Deferral. A review panel may defer a final decision for a period of not more than 6 months, unless the person who is the subject of the rehabilitation review agrees to a longer time period.

DCF 12.13(5)(c) (c) Written decision. The review panel shall issue a written decision that includes the following information, as applicable:

DCF 12.13(5)(c)1. 1. ‘Approval.’ An approval shall state all of the following:

DCF 12.13(5)(c)1.a. a. The type of entity to which the decision applies.

DCF 12.13(5)(c)1.b. b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.

DCF 12.13(5)(c)1.c. c. Any conditions or limitations placed on the approval.

DCF 12.13 Note Note: Examples of limited approval include approval for employment doing only certain job functions or approval to care for a specific child only.

DCF 12.13(5)(c)2. 2. ‘Deferral.’ A deferral shall state the reason for the deferral and the date that the review panel will reconvene to review any new information affecting the request.

DCF 12.13(5)(c)3. 3. ‘Denial.’ A denial shall include all of the following:

DCF 12.13(5)(c)3.a. a. The type of entity to which the decision applies.

DCF 12.13(5)(c)3.b. b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.

DCF 12.13(5)(c)3.c. c. The reason for the denial.

DCF 12.13(5)(c)3.d. d. Notice that the person may appeal the denial and a summary of the appeal process under s. 48.685 (5c), Stats., and s. DCF 12.14.

DCF 12.13(6) (6) Review panel decision distribution.

DCF 12.13(6)(a) (a) The review panel shall send its decision to the person who is the subject of the rehabilitation review and, if requested, a copy to entities specified by that person.

DCF 12.13(6)(b) (b) Within 10 days after sending a rehabilitation review decision to the person who is the subject of the rehabilitation review, the review panel for an agency shall send all of the following to the department:

DCF 12.13(6)(b)1. 1. A copy of the review panel’s decision.

DCF 12.13(6)(b)2. 2. A copy of the person’s application under s. DCF 12.12 (1).

DCF 12.13(6)(b)3. 3. A completed rehabilitation review panel decision report on a form prescribed by the department.

DCF 12.13 Note Note: Form DCF-F-418-E, Rehabilitation Review Panel Decision Report, is available in the forms section of the department website at http://dcf.wisconsin.gov. The materials should be sent to the Office of Legal Counsel, Department of Children and Families, P. O. Box 8916, Madison, WI 53708-8916.

DCF 12.13(7) (7) Retention of rehabilitation decision documentation.

DCF 12.13(7)(a) (a) The agency shall retain a copy of the written decision by the rehabilitation review panel and any decisions from filed appeals that may result.

DCF 12.13(7)(b) (b) The agency shall retain a copy of the rehabilitation review request and all materials or information obtained or notes made as part of the rehabilitation review decision for at least 10 years after the decision is made and any appeals are finalized.

DCF 12.13 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), (3) (a), (5) (a), eff. 1-30-19; CR 19-089: am. (1), (3) (a), (5) (a) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (4) (intro.), (5) (c) 1. b., 3. b. Register June 2022 No. 798, eff. 7-1-22.

DCF 12.14 DCF 12.14 Appealing a rehabilitation review panel’s denial.

DCF 12.14(1) (1) 

DCF 12.14(1)(a) (a) A person who is denied rehabilitation approval may submit a written request for review of the decision under s. 48.685 (5c), Stats., within 10 days after the date of the written decision by the rehabilitation panel. No new evidence may be submitted.

DCF 12.14(1)(b) (b) A person who appeals under this subsection shall bear the burden of proving, by a preponderance of the evidence, that the rehabilitation review panel for the agency erroneously exercised its discretion in deciding that the person did not show sufficient evidence to demonstrate that the person is rehabilitated.

DCF 12.14 Note Note: Pursuant to s. 48.685 (5c), Stats., submit an appeal to the following, as appropriate:

DCF 12.14 Annotation 1. To appeal a denial by a rehabilitation review panel for the department or a child-placing agency, send the request to the Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

DCF 12.14 Annotation 2. To appeal a denial by a rehabilitation review panel for a county department, send the request to the director of the appropriate county department or the director’s designee.

DCF 12.14(2) (2) A person who receives an adverse decision from the secretary of the department or the secretary’s designee under sub. (1) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the written decision by the department.

DCF 12.14 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to [phone].

DCF 12.14(3) (3) A person who receives an adverse decision from a county department director or the director’s designee has the right to appeal the decision under ch. 68, Stats.

DCF 12.14 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (b), (2), (3) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.15 DCF 12.15 Withdrawal of rehabilitation approval.

DCF 12.15(1) (1) Compliance with approval conditions. A person whose rehabilitation is approved shall comply with any conditions and limitations imposed with that approval.

DCF 12.15(2) (2) Criteria for withdrawal. An agency that granted a person a rehabilitation approval may withdraw the rehabilitation approval if the person has done any of the following:

DCF 12.15(2)(a) (a) The person has failed to comply with or abide by any conditions or limitations imposed with the rehabilitation approval.

DCF 12.15(2)(b) (b) The person knowingly submitted false information or withheld pertinent information that could have or would have affected the review panel’s decision to grant the rehabilitation approval.

DCF 12.15(3) (3) Informing the granting agency. An entity or agency that becomes aware that a person has violated the conditions or limitations of a rehabilitation approval that was granted by another agency shall inform the agency that granted the approval of the violation.

DCF 12.15(4) (4) Withdrawal notice. If an agency withdraws a rehabilitation approval, it shall issue a written notice that explains the reasons for the withdrawal and informs the person whose approval has been withdrawn that an appeal is available under s. DCF 12.14.