SECTION 17. DCF 12.09 (1) (a) and (2) (intro.) are amended to read:
DCF 12.09 (1) (a) An entity that commits does any of the following acts may be subject to one or more of the sanctions specified in par. (b):
(2) (intro.) An applicant for regulatory approval who does any of the following may be is subject to denial of an application for regulatory approval:
SECTION 18. DCF 12.11 (1) is renumbered DCF 12.11 (intro.) and, as affected by this section, DCF 12.11 (1) and (2) are amended to read:
DCF 12.11 (1) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm) or (br), Stats. (2) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm) or (br) Stats., during a waiting period that has not ended. SECTION 19. DCF 12.13 (1), (3) (a), (5) (a) are amended to read:
DCF 12. 13 (1) If the 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.
(3) (a) The A person requesting the for whom a rehabilitation review is conducted under sub. (2) shall have be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have.
(5) (a) An agency A review panel may grant rehabilitation approval only within the scope of its the agency’s regulatory authority.
SECTION 20. DCF 12.14 (Note) is amended to read:
DCF 12.14 (Note): Pursuant to s. 48.685 (5c), Stats., submit an appeal to the following, as appropriate: 1. To appeal a denial by a rehabilitation review panel for the department, a certification agency, 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.
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 his or her the director’s designee.
3. To appeal a denial by a rehabilitation review panel for the school board, send the request to the Superintendent of the Department of Public Instruction, 125 South Webster Street, Madison, WI 53703; or call (608) 266-3390.
SECTION 21. DCF 12.16 (1) (a) (Note) is amended to read:
DCF 12.16 (1) (a) (Note): For example, a certification agency county department in County B may accept a rehabilitation approval to be a nonclient resident in a certified child care foster home if a certification agency county department in County A granted the same type of approval.
SECTION 22. DCF 12.16 (1) (b) is repealed.
SECTION 23. Chapter DCF 13 is created to read: BACKGROUND CHECKS FOR CHILD CARE PROGRAMS
DCF 13.01 Purpose and scope. This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.686, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.686, Stats., for caregivers and nonclient residents at a child care program. Note: For further information on the scope of the child care background check, see s. DCF 13.02 for definitions of terms used in this subsection. DCF 13.02 Definitions. In this chapter:
(1) “Agency” means the department, a certification agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14), stats. (2) “Background check request form” means a form prescribed by the department on which a person completes required information.
(3) “Bar” means any of the following:
(a) A barrier to a person’s eligibility for regulatory approval, employment, or contract as a caregiver.
(b) A barrier to a person’s nonclient residency at a child care program.
(4) “Caregiver” means any of the following:
(a) A person who is an employee or independent contractor of a child care program.
(b) A person who is involved in the care or supervision of clients of a child care program or has unsupervised access to clients of a child care program, including student teachers, household members age 10 and older, and volunteers counted for the purpose of meeting the required staff-to-child ratios.
(c) A person who has, or is seeking, a license, certification, or contract to operate a child care program.
(5) “Certification agency” means the department in a county having a population of 750,000 or more or a county department, person, or tribe that has a contract with the department to certify child care providers under s. 48.651 (2), Stats., in a particular county or tribal area. (6) “Child care background check” means the requirements in s. 48.686, Stats., and this chapter. (7) “Child care program” means any of the following:
(a) A child care center that is licensed under s. 48.65 Stats. (b) A child care provider that is certified under s. 48.651, Stats. (c) A child care program established or contracted for under s. 120.13 (14), Stats. (8) “Client” means a person who receives direct care from a child care program, an entity, as defined in s. DCF 12.02 (14), or from a caregiver specified in s. 48.685 (1) (ag) 1. am., Stats., including all of the following: (a) An adopted child for whom adoption assistance payments are being made under s. 48.975, Stats. (b) A child for whom subsidized guardianship payments are being made under s. 48.623, Stats. (c) A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a) from an agency, is no longer placed in out-of-home care, and is residing in the foster home in which he or she was previously placed. (9) “Contractor” means, with respect to a child care program, a person who provides services to the child care program under an express or implied contract or subcontract, or that person’s agent.
(10) “County department” means a county department of social services established under s. 46.22, Stats., or a county department of human services established under s. 46.23, Stats. (11) “Department” means the department of children and families.
(12) “Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
(13) “Division of hearings and appeals” means the division of hearings and appeals within the department of administration.
(14) “Final substantiated finding” means all of the following:
(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. (b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., 2011 Stats., if the determination has not been reversed or modified on appeal. Note: The date in a statutory citation means that was the last edition of the statutes in which that provision appears.
(15) “Nonclient resident” 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.
(16) “Regulatory approval” means any of the following:
(a) Issuance, continuation, or renewal of a license by the department under s. 48.66, Stats. (b) Issuance or renewal of certification by a certification agency under s. 48.651, Stats. (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. (17) “Rehabilitation review” means an agency process under which a person who has a bar that is eligible for rehabilitation review under s. 48.686 (5), Stats., may seek approval for any of the following: (a) Regulatory approval.
(b) Employment or contract with a child care program to be a caregiver.
(c) Residency at a child care program.
(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.
(19) “Role” means a person’s job as a caregiver or nonclient residency at a child care program.
(20) “School board” means the board that has the powers specified in s. 120.13, Stats., for the schools of a school district. (21) “Serious crime” has the meaning given in s. 48.686 (1) (c), Stats. (22) “Substantially related” means an offense that is related to the care of children and the activities of a child care program for the purposes of s. 48.686 (5m), Stats. (23) “Tribe” means a federally-recognized American Indian tribe or band in Wisconsin.
(24) “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 care.
DCF 13.03 Background check request. (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. (2) Fingerprint searches. (a) Prior to working as a caregiver or residing in a child care program, the subject of the background check shall submit fingerprints in a manner directed by the department.
(b) Every 5 years or as otherwise requested by the department, caregivers and nonclient residents shall resubmit fingerprints in a manner directed by the department and the information specified under sub. (1).
DCF 13.04 Obtaining armed forces information. (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.
(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.
Note: The information from the armed forces may include military court findings or information relevant to making a background check determination.
DCF 13.05 Determining whether other offenses are substantially related. (1) Caregivers and nonclient residents. To determine whether a caregiver or nonclient resident’s conviction or delinquency adjudication for an offense that is not a serious crime is substantially related, the department shall consider all of the following:
(a) In relation to the person’s role at the child care program, all of the following:
1. The nature and scope of the person’s contact with clients.
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.
3. The opportunity the role at the child care program presents for committing similar crimes.
