DHS 12.04 NoteNote: The only persons who may access information maintained by a county department regarding a substantiated report of child abuse or neglect against a person are those identified in s. 48.981 (7), Stats. DHS 12.04 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674. DHS 12.05(1)(1) Sanctionable entity actions. An entity that commits any of the following acts may be subject to any of the sanctions specified in sub. (2): DHS 12.05(1)(a)(a) Hires, employs, or contracts with a caregiver, or permits to reside at an entity a nonclient resident, where the entity knows or should have known the caregiver or nonclient resident is barred under s. 48.685 (4m) (b) or 50.065 (4m) (b), Stats. DHS 12.05(1)(b)(b) Violates any provision of initial background information gathering or periodic background information gathering required by s. 48.685 or 50.065, Stats. DHS 12.05(2)(2) Entity sanctions. Any of the following sanctions may be imposed on any entity that commits any of the acts described in sub. (1): DHS 12.05(2)(b)(b) A requirement that the entity submit to the agency a written corrective action plan specifying corrections that will be made to the identified personnel screening practices needing correction and that the entity implement the plan. DHS 12.05(2)(c)(c) At entity expense, attendance at agency-designated personnel screening training or other appropriate training. DHS 12.05(2)(d)(d) Specific conditions or limitations placed on the license, certification or registration or on a school board-issued contract, including denial, revocation, nonrenewal or suspension of regulatory approval issued by the department, or denial, nonrenewal or termination by a school board of a contract with a day care provider under s. 120.13 (14), Stats. DHS 12.05(2)(e)(e) For a person licensed to operate a child welfare agency, shelter care facility, group foster home or day care facility, any sanction or penalty described in s. 48.715, Stats. DHS 12.05(2)(f)(f) A requirement that the entity use, at entity expense, a temporary employment agency for screening and hiring personnel. DHS 12.05(3)(3) Sanctionable individual actions. Any person who is required to complete a background information disclosure form and who commits any of the following actions may be subject to any of the sanctions specified in sub. (4): DHS 12.05(3)(a)(a) Fails to complete and submit the background information disclosure form to the appropriate agency or entity. DHS 12.05(3)(b)(b) Knowingly gives false information on or knowingly omits information from the background information disclosure form submitted to an agency or entity. DHS 12.05(3)(c)(c) After submitting a background information disclosure form to an agency or entity, subsequently fails to report any information about a conviction for a crime or other act or offense requested on the background information disclosure form, about a substantiated finding of abuse or neglect or a client or of misappropriation of a client’s property, or, in the case of a position for which the person must be credentialed by the department of safety and professional services, about a licensure denial, restriction, or other license limitation by either the department or the department of safety and professional services. DHS 12.05(4)(4) Individual sanctions. All of the following sanctions may be imposed by an agency on any person who commits any of the acts described in sub. (3): DHS 12.05(4)(b)(b) Denial or revocation of regulatory approval or the termination of a contract. DHS 12.05(4)(c)(c) Denial or termination of eligibility to reside at the entity. DHS 12.05(4)(d)(d) Special conditions or limitations placed upon the person, including restriction to an off-premises location during business hours or otherwise restricting the person’s contact with clients. DHS 12.05 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00; correction in (3) (c) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674. DHS 12.06DHS 12.06 Determining whether an offense is substantially related to client care. To determine whether a crime or a delinquency adjudication under s. 48.685 (5m) or 50.065 (5m), Stats., is substantially related to the care of a client, the agency or entity may consider all of the following: DHS 12.06(1)(1) In relation to the job, any of the following: DHS 12.06(1)(b)(b) The nature and scope of the job’s discretionary authority and degree of independence in judgment relating to decisions or actions that affect the care of clients. DHS 12.06(1)(c)(c) The opportunity the job presents for committing similar offenses. DHS 12.06(1)(d)(d) The extent to which acceptable job performance requires the trust and confidence of clients or a client’s parent or guardian. DHS 12.06(2)(2) In relation to the offense, any of the following: DHS 12.06(2)(b)(b) Whether the elements or circumstances of the offense are substantially related to the job duties. DHS 12.06(2)(d)(d) The extent to which the offense relates to vulnerable clients. DHS 12.06(2)(e)(e) Whether the offense involves violence or a threat of harm. DHS 12.06(3)(3) In relation to the person, any of the following: DHS 12.06(3)(a)(a) The number and type of offenses the person committed or for which the person has been convicted. DHS 12.06(3)(b)(b) The length of time between convictions or offenses, and the employment decision. DHS 12.06(3)(c)(c) The person’s employment history, including references, if available. DHS 12.06(3)(d)(d) The person’s participation in or completion of pertinent programs of a rehabilitative nature. DHS 12.06(3)(f)(f) The person’s ability to perform or to continue to perform the job consistent with the safe and efficient operation of the program and the confidence of the clients served including, as applicable, their parents or guardians. DHS 12.06(3)(g)(g) The age of the person on the date of conviction or dates of conviction. DHS 12.06 NoteNote: A person refused employment or who has 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. DHS 12.06 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00; CR 10-091: am. (intro.) Register December 2010 No. 660, eff. 1-1-11. DHS 12.07DHS 12.07 Reporting background changes and nonclient residency. DHS 12.07(1)(1) An entity shall include in its personnel or operating policies a provision that requires caregivers to notify the entity as soon as possible, but no later than the person’s next working day, when any of the following occurs. DHS 12.07(1)(b)(b) The person has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property. DHS 12.07(1)(c)(c) The person has a governmental finding substantiated against them of abuse or neglect of a client or of misappropriation of a client’s property. DHS 12.07(1)(d)(d) In the case of a position for which the person must be credentialed by the department of safety and professional services, the person has been denied a license, or the person’s license has been restricted or otherwise limited. DHS 12.07(2)(2) When any of the following occurs relative to a signatory or other legal party to the entity application for regulatory approval or under which a contract under s. 120.13 (14), Stats., is signed, or relative to a nonclient resident at the entity, an entity shall, as soon as possible, but no later than the regulatory agency’s next business day, report the information to the agency that gave regulatory approval, or the school board with which the day care entity contracts under s. 120.13 (14), Stats. DHS 12.07(2)(b)(b) The person has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property. DHS 12.07(2)(c)(c) The person has a governmental finding substantiated against them of abuse or neglect of a client or of misappropriation of a client’s property. DHS 12.07(2)(d)(d) In the case of a position for which the person must be credentialed by the department of safety and professional services, the person has been denied a license, or the person’s license has been restricted or otherwise limited. DHS 12.07(3)(3) When a person begins residing at or is expected to reside at an entity, or the signatory for licensure changes, the entity shall, as soon as possible, but no later than the regulatory agency’s next business day, report the residency, expected residency, or signatory change to the agency that gave regulatory approval or to the school board that the day care entity contracts with under s. 120.13 (14), Stats., and submit to the regulatory agency a completed background information disclosure form for the new nonclient resident or new signatory. DHS 12.07 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00; corrections in (1) (d), (2) (d) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674. DHS 12.08DHS 12.08 Armed forces background searches. If a person who is the subject of a background search under s. 48.685 or 50.065, Stats., served in a branch of the U.S. armed forces, including any reserve component, within the last 3 years, the agency or entity shall make a good faith 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. If the discharge status is other than honorable, the agency or entity shall obtain information on the nature and circumstances of the discharge. DHS 12.09DHS 12.09 Transmittal of background check information. DHS 12.09(1)(1) When an entity sends a required background information disclosure form to the department under s. 48.685 (3) (a), Stats., the entity shall include in the transmittal all the following: DHS 12.09(1)(a)(a) Any reason for denial or revocation of a license or denial of an adoption application. DHS 12.09(1)(b)(b) The date of the license denial or revocation or adoption application denial. DHS 12.09(2)(2) A child-placing agency or county department shall provide the department with written information about each person to whom the child-placing agency or county department denies a license or adoption home study approval for a reason specified in s. 48.685 (4m) (a), Stats., including all the following: DHS 12.09(2)(a)(a) The reason for denial or revocation of a license or denial of adoption application. DHS 12.09(2)(b)(b) The date of the license denial or revocation or adoption application denial. DHS 12.09 NoteNote: Send the information required in subs. (1) and (2) to the Bureau of Regulation and Licensing, Department of Children and Families, 201 East Washington Avenue, Second Floor, P.O. Box 8916, Madison, WI 53703-8916
DHS 12.09(3)(3) In addition to the persons specified in s. 48.685 (6) (b) 2., Stats., an entity shall send a completed background information disclosure form to the county department for a person who is licensed or an adoptive parent applicant studied by a county department. DHS 12.09(4)(4) In addition to the persons specified in s. 48.685 (6) (b) 3., Stats., an entity shall send a completed background information disclosure form to the child-placing agency for a person who is in a home studied for adoptive parent applicant approval. DHS 12.09 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00. DHS 12.10DHS 12.10 Maintaining confidentiality of background information disclosure forms. Agencies and entities shall retain all required completed department background information forms in a manner that ensures prompt retrieval of the forms for inspection and shall comply with applicable federal and state confidentiality laws. DHS 12.10 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00. DHS 12.11DHS 12.11 Supervision pending receipt of caregiver background checks. Entity supervision required under ss. 48.685 (4m) (c) and 50.065 (4m) (c), Stats., shall include at a minimum periodic direct observation of the person. DHS 12.11 HistoryHistory: Cr. Register, August, 2000, No. 536, eff. 9-1-00. DHS 12.115DHS 12.115 Personal care services, disclosure of convictions. Pursuant to s. 50.065 (2m) (d), Stats., Table DHS 12.115 lists the crimes for which an entity must disclose to a client or the client’s guardian under s. 50.065 (2m) (a) 1., Stats., a conviction of a caregiver, other than a substitute caregiver, who provides personal care services to a client in the client’s residence. For the purposes of s. 50.065 (2m) (a) 4. and (b), Stats., ‘substitute caregiver’ has the meaning given in s. DHS 12.03 (20m). DHS 12.115 HistoryHistory: EmR0832: emerg. cr. eff. 11-1-08; CR 08-098: cr. Register June 2009 No. 642, eff. 7-1-09. DHS 12.12DHS 12.12 Rehabilitation process for persons who have committed certain offenses. DHS 12.12(1)(a)(a) An agency shall conduct rehabilitation reviews as described in this section for persons who are eligible to receive rehabilitation review under this section for any of the following:
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