Chapter DCF 13

DCF 13.02(14)(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 13.02(14)(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 13.02(15) (15) “Household member” means a person who is age 10 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.

DCF 13.02(15m) (15m) “Noncaregiver employee” means a person who provides services to a child care program as an employee or a contractor and is not a caregiver, but whose work at the child care program provides the ability to move freely throughout the premises and opportunities for interactions with clients of the child care program.

DCF 13.02(16) (16) “Regulatory approval” means any of the following:

DCF 13.02(16)(a) (a) Issuance, continuation, or renewal of a license by the department under s. 48.66, Stats.

DCF 13.02(16)(b) (b) Issuance or renewal of certification by a certification agency under s. 48.651, Stats.

DCF 13.02(16)(c) (c) Approval of the person subject to the child care background check for a child care program to be established or contracted for by a school board under s. 120.13 (14), Stats.

DCF 13.02(17) (17) “Rehabilitation review” means an agency process in s. 48.686 (5), Stats., under which an eligible person who has a bar may seek approval for any of the following:

DCF 13.02(17)(a) (a) Regulatory approval.

DCF 13.02(17)(b) (b) Employment or contract with a child care program to be a caregiver or noncaregiver employee.

DCF 13.02(17)(c) (c) Residency at a child care program.

DCF 13.02(18) (18) “Reside” means to be present at a child care program for more than an aggregate of 14 calendar days within a 90-day period. “Reside” does not include incidental presence that does not afford unrestricted access to the premises or to children in care.

DCF 13.02(19) (19) “Role” means a person’s job as a caregiver or noncaregiver employee or a person’s status as a household member at a child care program.

DCF 13.02(20) (20) “School board” means the board that has the powers specified in s. 120.13, Stats., for the schools of a school district.

DCF 13.02(21) (21) “Serious crime” has the meaning given in s. 48.686 (1) (c), Stats.

DCF 13.02 Note Note: A table that lists the child care serious crimes is available at https://dcf.wisconsin.gov/files/publications/pdf/5206.pdf.

DCF 13.02(22) (22) “Tribe” means a federally recognized American Indian tribe or band in Wisconsin.

DCF 13.02(23) (23) “Volunteer” means a person who is not compensated, but agrees to give time, with or without reimbursement for expenses, to transport or to work with children in a child care program.

DCF 13.02 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; correction in (7) (a), (8) (intro.) made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: cr. (3) (c), r. and recr. (4) (a), am. (4) (b), (7) (d), (15), cr. (15m), am. (17) (b), (19) Register July 2020 No. 775, eff. 8-1-20; CR 21-107: am. (14) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 13.03 DCF 13.03 Background check request.

DCF 13.03(1) (1) Required forms and fees. A background check request shall include a completed background check request form, armed forces records under s. DCF 13.04, release forms, child care background check fees, and any additional information that the department determines is necessary to obtain the records required under s. 48.686 (2) (am), Stats.

DCF 13.03(2) (2) Fingerprint searches.

DCF 13.03(2)(a) (a) Prior to working as a caregiver or noncaregiver employee or residing in a child care program, the subject of the background check shall submit fingerprints in a manner directed by the department.

DCF 13.03(2)(b) (b) Every 5 years or as otherwise requested by the department, caregivers, noncaregiver employees, and household members shall resubmit fingerprints in a manner directed by the department and the information specified under sub. (1).

DCF 13.03 Note Note: DCF-F-5296-E, Background Check Request Form, is available electronically through the Child Care Provider Portal and on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 13.03 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (2) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.04 DCF 13.04 Obtaining armed forces information.

DCF 13.04(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 department 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. The department shall document the efforts made to obtain the discharge status of the person.

DCF 13.04(2) (2) If the discharge status of the person described in sub. (1) is other than honorable, the department shall make every reasonable effort to obtain information on the nature and circumstances of the discharge.

DCF 13.04 Note Note: The information from the armed forces may include military court findings or information relevant to making a background check determination.

DCF 13.04 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

DCF 13.05 DCF 13.05 Determining whether other offenses are substantially related.

DCF 13.05(1) (1) Caregivers, noncaregiver employees, and household members. To determine whether a caregiver’s, noncaregiver employee’s, or household member’s conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a child or the activities of a child care program, the department shall consider all of the following:

DCF 13.05(1)(a) (a) In relation to the person’s role at the child care program, all of the following:

DCF 13.05(1)(a)1. 1. The nature and scope of the person’s contact with clients.

DCF 13.05(1)(a)2. 2. The scope of the discretionary authority and independent judgment the person has to make decisions or take actions that affect the care of clients.

DCF 13.05(1)(a)3. 3. The opportunity the role at the child care program presents for committing similar crimes.

DCF 13.05(1)(a)4. 4. The extent to which acceptable performance of the role at the child care program requires the trust and confidence of clients and the parents or guardians of clients.

DCF 13.05(1)(a)5. 5. The amount and type of supervision received.

DCF 13.05(1)(b) (b) In relation to the criminal conviction or delinquency adjudication, all of the following:

DCF 13.05(1)(b)1. 1. Whether intent is an element of the crime.

DCF 13.05(1)(b)2. 2. Whether the elements or circumstances of the crime are related to the person’s role at the child care program.

DCF 13.05(1)(b)3. 3. Any pattern of criminal convictions or delinquency adjudications.

DCF 13.05(1)(b)4. 4. The extent to which the crime relates to clients or other vulnerable persons.

DCF 13.05(1)(b)5. 5. Whether the crime involves violence or a threat of harm.

DCF 13.05(1)(b)6. 6. Whether the crime is of a sexual nature.

DCF 13.05(1)(c) (c) In relation to the person, all of the following:

DCF 13.05(1)(c)1. 1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.

DCF 13.05(1)(c)2. 2. The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, contract, or nonclient residency.

DCF 13.05(1)(c)3. 3. The person’s participation in or completion of pertinent programs of a rehabilitative nature.

DCF 13.05(1)(c)4. 4. The person’s probation, extended supervision, or parole status.

DCF 13.05(1)(c)5. 5. If the person is a caregiver or noncaregiver employee, the person’s ability to perform or to continue to perform the role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.

DCF 13.05(1)(c)7. 7. The age of the person on the date the crime was committed.

DCF 13.05(2) (2) Documentation. The department shall document how it reached the determination under sub. (1) that the criminal conviction or delinquency adjudication of a caregiver, noncaregiver employee, or household member is or is not substantially related to the care of a child or the activities of the child care program.

DCF 13.05 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (intro.), (c) 5., (2) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.06 DCF 13.06 Background check eligibility.

DCF 13.06(1) (1) Preliminary eligibility.

DCF 13.06(1)(a) (a) The department shall issue a preliminary eligibility determination that indicates whether a person is barred from employment as a caregiver, noncaregiver employee, or household member at the child care program based on any serious crimes reported on the federal bureau of investigation and Wisconsin department of justice fingerprint results.

DCF 13.06(1)(b) (b) A child care program that receives a department determination that a person is preliminarily eligible may employ, contract with, or allow the person to reside at the child care program pending the department’s final eligibility determination under sub. (3).

DCF 13.06(2) (2) Supervision of persons with preliminary eligibility.

DCF 13.06(2)(a) (a) Persons who begin work or residency with preliminary eligibility under sub. (1) shall be supervised at all times children are present. The supervision shall include periodic and direct observation of the person.

DCF 13.06(2)(b) (b) A person who has received a final determination of eligibility under sub. (3) within the past 5 years shall supervise a person with preliminary eligibility under sub. (1).

DCF 13.06(3) (3) Final eligibility.

DCF 13.06(3)(a) (a) After receiving all of the records required under s. 48.686 (2) (am), Stats., the department shall provide a final written report to the child care program indicating whether the person who is the subject of the report is eligible or ineligible to work or reside at a child care program, without revealing information about any disqualifying offenses or other information regarding the person.

DCF 13.06(3)(b) (b) The department shall provide a final written report to the person on whom the child care background check was conducted, indicating whether the person is eligible or ineligible to work or reside at a child care program. If the person is ineligible, the report also shall include information on each disqualifying offense, the right to appeal under s. DCF 13.09, and the right to a rehabilitation review under s. DCF 13.10, if applicable.

DCF 13.06(4) (4) Transfer of eligibility. A child care program may employ a person or allow the person to reside in the child care program without requesting a new child care background check on the person if all of the following conditions are met:

DCF 13.06(4)(a) (a) Within the past 5 years, the person received a final determination of eligibility under sub. (3) to work or reside in a child care program and the determination of eligibility has not been withdrawn or revoked.

DCF 13.06(4)(b) (b) Either of the following apply:

DCF 13.06(4)(b)1. 1. The person is currently working or residing in a child care program.

DCF 13.06(4)(b)2. 2. The person has been separated from employment or residence at a child care program for less than 180 days.

DCF 13.06 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (a) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.07 DCF 13.07 Reporting requirements.

DCF 13.07(1) (1) Child care program offense reporting requirements. A child care program shall report to the agency that granted regulatory approval as soon as the child care program knows, or should have known, that any of the following apply to a caregiver, noncaregiver employee, or household member at the child care program:

DCF 13.07(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 13.07(1)(b) (b) The person has been adjudicated delinquent on or after his or her 10th birthday for committing any crime.

DCF 13.07(1)(c) (c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.

DCF 13.07(1)(d) (d) The person has been convicted of any crime.

DCF 13.07(1)(e) (e) A final substantiated finding has been made that the person abused or neglected a child.

DCF 13.07(1)(f) (f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

DCF 13.07(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 13.07(1)(h) (h) If a position requires a person to hold a credential, as defined in s. 440.01 (2) (a), Stats., the person has been denied a credential or had a credential restricted or otherwise limited.

DCF 13.07(2) (2) Other child care program reporting.

DCF 13.07(2)(a) (a) A child care program shall report to the agency that granted regulatory approval as soon as possible, but no later than the agency’s next business day, if any of the following occurs:

DCF 13.07(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, a child care program.

DCF 13.07 Note Note: See the definitions in s. DCF 13.02 (15) and (18).

DCF 13.07(2)(a)2. 2. A household member turns 10 years of age.

DCF 13.07(2)(a)3. 3. A household member turns 18 years of age.

DCF 13.07(2)(a)4. 4. A corporation or limited liability company designates a new person to be subject to the background check.