DCF 13, Background Checks in Child Care Programs
The proposed rules update the department’s child care background check rule ch. DCF 13 to incorporate changes to s. 48.686, Stats., as affected by 2019 Wisconsin Act 9. These changes add “noncaregiver employees” to the list of persons subject to the background check; replace the term “nonclient resident” with “household member”; and change the time period for a person to file an appeal of an ineligibility determination from 60 days to 10 days. DCF 35, Home Visitation to Prevent Child Abuse and Neglect
The proposed rules repeal ch. DCF 35, which provides a formula for the distribution of home visiting grants based on statutory language that has been repealed. Section 48.983, Stat., as affected by 2015 Wisconsin Act 172, no longer directs the department to promulgate a rule with a formula that determines the need for a home visiting grant based on the number of births funded by Medical Assistance and the rate of poor birth outcomes in a locality. DCF 52, Residential Care Centers for Children and Youth
The proposed rules amend s. DCF 52.59 (5) (a) to replace the term “ physically handicapped” with “physically disabled” as directed by Executive Order 15. DCF 52, 54, and 57, Residential Care Centers, Child-Placing Agencies, and Group Homes
The proposed rules amend the department’s rules on residential care centers, child-placing agencies, and group homes to update cross-references to federal regulations and state statute on allowable costs for rate regulation.
DCF 56, Foster Homes
The proposed rules amend the department’s foster home rule to incorporate changes to ss. 48.62 (3) and 48.64 (1r), Stats., as affected by 2017 Wisconsin Act 251, relating to notice to a school district of a foster home license or placement. DCF 250 and 251, Family Child Care Centers and Group Child Care Centers
The proposed rules update the department’s family and group child care center rules to correct cross-references to provisions repealed or renumbered in CR 19-070 and a remaining cross-reference to s. 48.685, Stats., which has not applied to child care programs since s. 48.686, Stats., became effective. The proposed rules also correct a typo and update the term “HealthCheck provider” to “EPSDT provider” based on the terminology in s. DHS 105.37. Summary of Data and Analytical Methodologies
The proposed rules correct cross-references, update terminology, and incorporate minor statutory changes.
Summary of Related Federal Law
The federal regulations affecting allowable costs and rate regulation of residential care centers, group homes, and child-placing agencies are the following:
- 2 CFR Part 200, Uniform administrative requirements, cost principles, and audit requirements for federal awards - 45 CFR Part 75, Uniform administrative requirements, cost principles, and audit requirements for HHS awards Under 45 CFR 98.43, the department is required to conduct a background check of noncaregiver employees of a child care program. The Every Student Succeeds Act of 2015 emphasizes the need for collaboration between schools, school districts, and child welfare agencies to improve outcomes for children in out-of-home care.
Comparison to Adjacent States
Not applicable
Effect on Small Businesses
The proposed rules affect small businesses, including child care providers.
Analysis Used to Determine Effect on Small Businesses
The proposed rules do not include any substantive changes, but will enhance the clarity of the rules.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Elaine Pridgen, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916 or dcfpublichearing@wisconsin.gov. The comment deadline is February 13, 2020. SECTION 1. DCF 13.01, as created by CR 19-089, is amended to read: 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, noncaregiver employees, and nonclient residents household members at a child care program. SECTION 2. DCF 13.02 (3) (c) is created to read:
DCF 13.02 (3) (c) A barrier to a person’s eligibility for employment or contract as a noncaregiver employee.
SECTION 3. DCF 13.02 (4) (a), as created by CR 19-089, is repealed and recreated to read: DCF 13.02 (4) (a) An employee or contractor of a child care program who is involved in the care or supervision of clients.
SECTION 4. DCF 13.02 (4) (b), (7) (d), and (15), as created by CR 19-089, are amended to read: DCF 13.02 (4) (b) A person who is involved in the care or supervision of has direct contact with 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.
(7) (d) A temporary employment agency that provides caregivers or noncaregiver employees to another child care program.
(15) “Nonclient resident” “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.
SECTION 5. DCF 13.02 (15m) is created to read:
DCF 13.02 (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.
SECTION 6. DCF 13.02 (17) (b) and (19), as created by CR 19-089, are amended to read: DCF 13.02 (17) (b) Employment or contract with a child care program to be a caregiver or noncaregiver employee.
(19) “Role” means a person’s job as a caregiver or noncaregiver employee or a person’s status as a nonclient resident household member at a child care program.
SECTION 7. DCF 13.03 (2) (a) and (b), as created by CR 19-089, is amended to read: DCF 13.03 (2) Fingerprint searches. (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.
(b) Every 5 years or as otherwise requested by the department, caregivers, noncaregiver employees, and nonclient residents household members shall resubmit fingerprints in a manner directed by the department and the information specified under sub. (1).
SECTION 8. DCF 13.05 (1) (title), (intro.), and (c) 5. and (2), as created by CR 19-089, are amended to read: DCF 13.05 (1) (title) and (intro.) Caregivers, noncaregiver employees, and nonclient residents household members. To determine whether a caregiver caregiver’s, noncaregiver employee’s, or nonclient resident’s 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:
(c) 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.
(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 nonclient resident household member is or is not substantially related to the care of a child or the activities of the child care program.
SECTION 9. DCF 13.06 (1) (a), as created by CR 19-089, is amended to read: DCF 13.06 (1) Preliminary eligibility. (a) The department shall issue a preliminary eligibility determination that indicates whether a person is barred from employment as a caregiver, noncaregiver employee, or nonclient residency 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.
SECTION 10. DCF 13.07 (1) (intro.), (2) (a) 2., 3., 5., 7., 8., 9., and 10., and (3), as created by CR 19-089, are amended to read: DCF 13.07 (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 nonclient resident household member at the child care program:
(2) (a) 2. A nonclient resident household member turns 10 years of age.
3. A nonclient resident household member turns 18 years of age.
5. A caregiver, noncaregiver employee, or a nonclient resident household member at the child care program changes his or her name.
7. A new caregiver or noncaregiver employee begins work, or a prospective caregiver or noncaregiver employee intends to begin work, at the child care program.
8. A caregiver or noncaregiver employee is no longer working in the child care program or intends to no longer work in the child care program, including the last date of employment.
9. A prospective caregiver or noncaregiver employee was not hired.
10. A former nonclient resident household member is no longer residing at the child care program or a nonclient resident household member intends to no longer reside at the child care program, including the last date of residence.
(3) Child care program policy. A child care program shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 13.02 (4) (a) and (b) or a noncaregiver employee to notify the child care program as soon as possible, but no later than the child care program’s next working day, if any of the circumstances under sub. (1) (a) to (h) apply to the person.
