Chapter DCF 13

DCF 13.13(5)(c)3.a. a. The type of child care program to which the decision applies.

DCF 13.13(5)(c)3.b. b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or noncaregiver employee, contract to be a caregiver or noncaregiver employee, or status as a household member at a child care program.

DCF 13.13(5)(c)3.c. c. The reason for the denial.

DCF 13.13(5)(c)3.d. d. Notice that the person may appeal the denial and a summary of the appeal process under s. 48.686 (5c), Stats., and s. DCF 13.14.

DCF 13.13(6) (6) Review panel decision distribution.

DCF 13.13(6)(a) (a) A review panel shall send a decision made under sub. (5) to the person who is the subject of the rehabilitation review and, if requested, a copy to entities specified by that person.

DCF 13.13(6)(b) (b) Within 10 days after sending a rehabilitation review decision to the subject of the rehabilitation review under par. (a), the review panel for an agency shall send all of the following to the department:

DCF 13.13(6)(b)1. 1. A copy of the review panel’s decision.

DCF 13.13(6)(b)2. 2. A copy of the person’s application under s. DCF 13.12.

DCF 13.13(6)(b)3. 3. A completed rehabilitation review decision report on a form prescribed by the department.

DCF 13.13 Note Note: Form DCF-F-418-E, Rehabilitation Review Panel Decision Report, is available in the forms section of the department website at http://dcf.wisconsin.gov. The materials should be sent to Attn: Rehabilitation Review Coordinator, Office of Legal Counsel, Department of Children and Families, P. O. Box 8916, Madison, WI 53708-8916.

DCF 13.13(7) (7) Retention of rehabilitation decision documentation.

DCF 13.13(7)(a) (a) The agency shall retain a copy of a written decision by a rehabilitation review panel and any decisions from filed appeals that may result.

DCF 13.13(7)(b) (b) The agency shall retain a copy of a rehabilitation review request and all materials or information obtained or notes made as part of a rehabilitation review decision for at least 10 years after the decision is made and any appeals are finalized.

DCF 13.13 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. (4) (intro.), (5) (c) 1. b., 3. b. Register July 2020 No. 775, eff. 8-1-20.

DCF 13.14 DCF 13.14 Appealing a rehabilitation review panel’s denial.

DCF 13.14(1) (1) 

DCF 13.14(1)(a) (a) A person who is denied rehabilitation approval under s. DCF 13.13 may submit a written request for review of the decision by the secretary or the secretary’s designee under s. 48.686 (5c), Stats. A request for review shall be submitted within 10 days after the date of the written decision by the rehabilitation panel. No new evidence may be submitted.

DCF 13.14(1)(b) (b) A person who appeals under this subsection shall bear the burden of proving, by a preponderance of the evidence, that the rehabilitation review panel for the agency erroneously exercised its discretion in deciding that the person did not show sufficient evidence to demonstrate that he or she is rehabilitated.

DCF 13.14 Note Note: Pursuant to s. 48.686 (5c), Stats., submit an appeal to the following, as appropriate:

DCF 13.14 Note 1. To appeal a denial by a rehabilitation review panel for the department or a certification agency, send the request to the Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

DCF 13.14 Note 2. To appeal a denial by a rehabilitation review panel for the school board, send the request to the State Superintendent of Public Instruction, 125 South Webster Street, Madison, WI 53703; or call [phone].

DCF 13.14 Note 3. To appeal a denial by a rehabilitation review panel for a tribe, send the request to the director of the appropriate tribe or the director’s designee.

DCF 13.14(2) (2) A person who receives an adverse decision from the secretary of the department or the secretary’s designee under sub. (1) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the written decision by the department.

DCF 13.14 Note Note: Send a request for a contested case hearing to the Division of Hearings and Appeals, 4822 Madison Yards Way, PO Box 7875, Madison, Wisconsin, 53707-7875. The fax number of the division is [phone].

DCF 13.14 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

DCF 13.15 DCF 13.15 Compliance with rehabilitation approval; withdrawal.

DCF 13.15(1) (1) Compliance with approval conditions. A person whose rehabilitation is approved under s. DCF 13.13 shall comply with any conditions and limitations imposed with that approval.

DCF 13.15(2) (2) Withdrawal of rehabilitation approval.

DCF 13.15(2)(a) (a) An agency that granted a person a rehabilitation approval under s. DCF 13.13 may withdraw the rehabilitation approval if the person has done any of the following:

DCF 13.15(2)(a)1. 1. The person has failed to comply with or abide by any conditions or limitations imposed with the rehabilitation approval.

DCF 13.15(2)(a)2. 2. The person knowingly submitted false information or withheld pertinent information that could have or would have affected the review panel’s decision to grant the rehabilitation approval.

DCF 13.15(2)(b) (b) If an agency withdraws a rehabilitation approval under par. (a), it shall issue a written notice that explains the reasons for the withdrawal and informs the person whose approval has been withdrawn that he or she may appeal as provided in s. DCF 13.14.

DCF 13.15(2)(c) (c) If an agency withdraws rehabilitation approval and the withdrawal results in a bar to regulatory approval, employment as a caregiver or noncaregiver employee, contracting with a child care program to be a caregiver or noncaregiver employee, or status as a household member at a child care program, the agency that withdraws the rehabilitation approval shall immediately report the withdrawal to the department.

DCF 13.15(3) (3) Informing the granting agency. A child care program or agency that becomes aware that a person has violated the conditions or limitations of a rehabilitation approval that was granted by another agency shall inform the agency that granted the approval of the violation.

DCF 13.15 Note Note: Send reports of withdrawn rehabilitation approval to Attn: Rehabilitation Review Coordinator, Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

DCF 13.15 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) (c) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.16 DCF 13.16 Permissive acceptance of a rehabilitation approval.

DCF 13.16(1) (1) Scope.

DCF 13.16(1)(a) (a)

DCF 13.16(1)(a)1. 1. An agency may accept a rehabilitation approval granted to a person by another agency if the previous rehabilitation approval applies to the same type of child care program and the same type of approval.

DCF 13.16 Note Note: For example, a certification agency in County B may accept a rehabilitation approval to be a household member in a certified child care home if a certification agency in County A granted the same type of approval.

DCF 13.16(1)(a)2. 2. A certification agency may accept a rehabilitation approval granted to a person by the department if the previous rehabilitation approval applies to the same type of approval for a child care center that is licensed to care for 4 to 8 children under s. 48.66, Stats.

DCF 13.16(1)(a)3. 3. A rehabilitation approval granted by a tribe that conducts rehabilitation reviews pursuant to a plan approved by the department under s. 48.686 (5d), Stats., may not be accepted by another agency.

DCF 13.16 Note Note: A rehabilitation approval granted by a tribe under this chapter may be accepted by another agency.

DCF 13.16(1)(b) (b) An agency that accepts a rehabilitation approval granted by another agency shall enforce any limitations or conditions that were included in the approval if the conditions or limitations imposed by the agency that granted the approval have not been terminated or have not expired.

DCF 13.16(2) (2) Process.

DCF 13.16(2)(a) (a) If an agency learns that a person has had a previous rehabilitation review, the agency shall contact the department to request a copy of the rehabilitation decision and information on the status of any rehabilitation approval.

DCF 13.16(2)(b) (b) If the previous rehabilitation review decision was an approval and the approval has not been withdrawn, the agency shall determine whether the approval is eligible to be accepted under sub. (1).

DCF 13.16(2)(c) (c) If the previous rehabilitation approval is eligible to be accepted under sub. (1), the agency shall determine whether to accept or deny the previous approval.

DCF 13.16(3) (3) Ineligibility or denial. If an agency determines that a person’s previous rehabilitation approval may not be accepted under sub. (1) or the agency denies an eligible rehabilitation approval under sub. (2) (c), the agency shall inform the person of his or her right to submit an application for a new rehabilitation review under s. DCF 13.12 and shall process a submitted application under s. DCF 13.13.

DCF 13.16 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; correction in (1) (a) 3. made under s. 35.17, Stats., Register March 2020 No. 771.

DCF 13.17 DCF 13.17 Fees. The department may charge a fee for the cost of background checks required under s. 48.686, Stats. A child care program shall submit all fees required by the department as directed by the department.

DCF 13.17 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.