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5. The amount and type of supervision received.
(b) In relation to the criminal conviction or delinquency adjudication, all of the following:
1. Whether intent is an element of the crime.
2. Whether the elements or circumstances of the crime are related to the job or caregiving duties.
3. Any pattern of criminal convictions or delinquency adjudications
4. The extent to which the crime relates to clients or other vulnerable persons
5. Whether the crime involves violence or a threat of harm
6. Whether the crime is of a sexual nature
(c) In relation to the person, all of the following:
1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.
2. The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, or contract.
3. The person’s employment history, including references, if available.
4. The person’s participation in or completion of pertinent programs of a rehabilitative nature.
5. The person’s probation, extended supervision, or parole status.
6. The person’s ability to perform or to continue to perform the job or caregiving role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.
7. The age of the person on the date the crime was committed.
(2) Nonclient residents. To determine whether a nonclient resident’s criminal conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to a nonclient resident’s access to clients or the activities of a program for purposes of s. 48.685 (5m), Stats., an agency shall consider all of the following:
(a) In relation to nonclient residency, all of the following:
1. The nature and scope of the nonclient resident’s contact with clients or activities of the program.
2. The opportunity nonclient residency presents for committing similar crimes.
3. The amount and type of supervision of the nonclient resident.
(b) In relation to the criminal conviction or delinquency adjudication, all of the following:
1. Whether intent is an element of the crime.
2. Whether the elements or circumstances of the crime involve access to clients or activities of the program.
3. Any pattern of criminal convictions or delinquency adjudications.
4. The extent to which the crime relates to clients or other vulnerable persons.
5. Whether the crime involves violence or a threat of harm.
6. Whether the crime is of a sexual nature.
(c) In relation to the person, all of the following:
1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.
2. The length of time between the conviction or delinquency adjudication and the determination affecting nonclient residency.
3. The person’s participation in or completion of pertinent programs of a rehabilitative nature.
4. The person’s probation, extended supervision, or parole status.
5. The age of the person on the date the crime was committed.
(3) Documentation.
(a) An agency shall document how it reached the determination under sub. (1) that the criminal conviction or delinquency adjudication of a caregiver under s. DCF 12.02 (4) (a) is or is not substantially related to care of a client or activities of the program.
(b) An agency shall document how it reached the determination under sub. (2) that the criminal conviction or delinquency adjudication of a nonclient resident is or is not substantially related to access to clients or activities of a program.
(c) An entity shall document how it reached a determination under sub. (1) that a criminal conviction or delinquency adjudication of a caregiver specified in s. DCF 12.02 (4) (b) is or is not substantially related to the care of a client or activities of a program.
Note: Form DCF-F-CFS2261-E, Background Checks Substantially Related Investigation Report, is available, but is optional, for documentation of the determination as required in sub. (3). If a home study is required for foster care licensure, subsidized guardianship, or adoption approval, county departments and child-placing agencies must include documentation of the determination in the home study.
An agency or entity is required to determine whether a criminal conviction or delinquency adjudication for an offense that is not a “serious crime” as defined in s. DCF 12.02 (24) is substantially related to the care of children or the activities of the program. It may be helpful to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction as part of that investigation and determination. Section 48.685 (2) (bb), Stats., requires an agency or entity to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., if the conviction was within the past 5 years.
To file a complaint of prohibited employment discrimination under s. 111.335, Stats., contact the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or 608-266-6860.
History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (title), (intro.), (a) 1. to 4. Register June 2022 No. 798, eff. 7-1-22.
DCF 12.07 Denial and revocation information. Each county department and child-placing agency shall provide the department with written information about each person for whom the county department or child-placing agency denied or revoked regulatory approval specified in s. DCF 12.02 (21) (b), (e), (f), (g), or (h) for a reason specified in s. 48.685 (4m), Stats. The county department or child-placing agency shall provide the information in an automation system prescribed by the department or on a form prescribed by the department.
Note: County departments and child-placing agencies with direct access to eWiSACWIS, the department’s child welfare automation system, enter the information into the system. Child-placing agencies that do not have direct access to eWiSACWIS provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.
History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (title), eff. 1-30-19; CR 19-089: am. (title) Register March 2020 No. 771, eff. 4-1-20.
DCF 12.08 Reporting requirements.
(1) Entity reporting of offense. An entity shall report to the agency that gave regulatory approval as soon as the entity knows, or should have known, that any of the following apply to a caregiver, congregate care worker, or nonclient resident at the entity:
(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.
(b) The person has been adjudicated delinquent for committing any crime.
(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.
(d) The person has been convicted of any crime.
(e) A final substantiated finding has been made that the person abused or neglected a child.
(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
(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.
(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.
(2) Other entity reporting.
(a) An entity shall report to the agency that gave regulatory approval as soon as possible, but no later than the agency’s next business day, if any of the following occurs:
1. A person who is age 10 or over and is not a client begins residing at, or is expected to reside at, an entity.
2. A person who is residing at the entity and is not a client turns 10 years of age.
3. A nonclient resident turns 18 years of age.
4. A corporation or limited liability company designates a new person to be subject to the background check.
5. The name of a caregiver under s. DCF 12.02 (4) (a), congregate care worker, or a nonclient resident at the entity has been changed.
(b) When a change specified under par. (a) 1. to 4. occurs regarding an entity, the entity shall submit a completed background information disclosure for the new person subject to the background check to the agency as soon as possible, but no later than the agency’s next business day.
(3) Entity policy. An entity shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 12.02 (4) (b) or a congregate care worker to notify the entity as soon as possible, but no later than the entity’s next working day, if any of the following apply:
(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.
(b) The person has been adjudicated delinquent for committing any crime.
(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.
(d) The person has been convicted of any crime.
(e) A final substantiated finding has been made that the person abused or neglected a child.
(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
(g) A unit of government or a state agency as defined in s. 16.61 (2) (d), Stats., has made a finding that the person has abused a client or misappropriated the property of a client.
(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.
History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (1) (intro.), (a), (b), (2) (a) 4., 5., (b), (3) (intro.), (a), (b) Register June 2022 No. 798, eff. 7-1-22.
DCF 12.09 Sanctions.
(1) Entity.
(a) An entity that does any of the following may be subject to one or more of the sanctions specified in par. (b):
1. Hires, employs, or contracts with a caregiver or congregate care worker or permits a nonclient resident to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) if the entity knows, or should know, that the caregiver, congregate care worker, or nonclient resident is barred under s. 48.685 (4m) (b) or that a nonclient resident is ineligible for residency under s. 48.685 (5m), Stats.
2. Violates any provision in s. 48.685, Stats., or this chapter regarding caregivers specified in s. DCF 12.02 (4) (b) or (c) or congregate care workers, including requiring completion of a background information disclosure as required under s. 48.685 (6), and conducting the background check as required under s. 48.685 (2) and (3), Stats.
3.
a. Knows, or should know, that a nonclient resident at the entity failed to complete and submit the background information disclosure to the applicable agency as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the applicable agency.
b. Knows, or should know, that a nonclient resident of a caregiver specified in s. DCF 12.02 (4) (c) failed to complete and submit the background information disclosure to the entity specified in s. DCF 12.02 (14) (L) as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the entity specified in s. DCF 12.02 (14) (L).
4. Fails to complete and submit the background information disclosure to the applicable agency as required under s. 48.685 (6), Stats.
5. Knowingly gives false information on or knowingly omits information from the background information disclosure submitted to the applicable agency.
6. Fails to comply with applicable reporting requirements under s. DCF 12.08 (1) or (2).
7. Fails to have a policy on reporting changes as required in s. DCF 12.08 (3).
(b) Any of the following sanctions may be imposed on an entity that commits any of the acts described in par. (a):
1. Denial, revocation, nonrenewal, suspension, or termination of regulatory approval.
2. Specific conditions or limitations placed on the regulatory approval.
3. A forfeiture of not more than $1,000.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.