Chapter DCF 12

Chapter DCF 12

BACKGROUND CHECKS FOR CHILD WELFARE PROGRAMS

DCF 12.01   Purpose and scope.

DCF 12.02   Definitions.

DCF 12.03   Background information disclosure.

DCF 12.04   Contracting for background checks.

DCF 12.05   Obtaining armed forces information.

DCF 12.06   Determining whether other offenses are substantially related.

DCF 12.07   Denial and revocation information.

DCF 12.08   Reporting requirements.

DCF 12.09   Sanctions.

DCF 12.10   Rehabilitation reviews by agencies.

DCF 12.11   Eligibility to request rehabilitation review.

DCF 12.12   Applying for rehabilitation review.

DCF 12.13   Agency rehabilitation review process.

DCF 12.14   Appealing a rehabilitation review panel’s denial.

DCF 12.15   Withdrawal of rehabilitation approval.

DCF 12.16   Permissive acceptance of a rehabilitation approval.

DCF 12.01 DCF 12.01 Purpose and scope.

DCF 12.01(1) (1) This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.685, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.685, Stats., for caregivers, congregate care workers, and nonclient residents at an entity or with a caregiver specified in s. DCF 12.02 (4) (c).

DCF 12.01 Note Note: For further information on the scope of the background check, see s. DCF 12.02 for definitions of terms used in this subsection.

DCF 12.01(2) (2) Sections DCF 12.05 to 12.08 do not apply to an entity that facilitates delegations of the care and custody of children under s. 48.979, Stats., unless the entity is also licensed by the department.

DCF 12.01 Note Note: The department recommends that an unlicensed entity voluntarily comply with relevant provisions in ss. DCF 12.05, 12.06, and 12.08.

DCF 12.01 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), eff. 1-30-19; CR 19-089: am. (1) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.02 DCF 12.02 Definitions. In this chapter:

DCF 12.02(1) (1) “Agency” means the department, a county department, or a child-placing agency.

DCF 12.02(1m) (1m) “Background check” means the requirements in s. 48.685, Stats.

DCF 12.02(2) (2) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check.

DCF 12.02 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or from an agency or entity.

DCF 12.02(3) (3) “Bar” means any of the following:

DCF 12.02(3)(a) (a) A barrier to a person’s eligibility for regulatory approval, employment, or contract as a caregiver or congregate care worker.

DCF 12.02(3)(b) (b) A barrier to a person’s nonclient residency at an entity or with a caregiver specified in s. DCF 12.02 (4) (c).

DCF 12.02(4) (4) “Caregiver” means any of the persons specified in s. 48.685 (1) (ag), Stats., and any of the following:

DCF 12.02(4)(a) (a) A person who has, or is seeking, regulatory approval.

DCF 12.02(4)(b) (b) A person who is, or is expected to be, an employee, a temporary employee, a student participating in a clinical or practicum at an entity as part of the curriculum, or a contractor of an entity if all of the following apply:

DCF 12.02(4)(b)1. 1. The person is, or is expected to be, under the control of the entity.

DCF 12.02(4)(b)2. 2. The person has, or is expected to have, regular, direct contact with clients of the entity.

DCF 12.02(4)(c) (c) A person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been, or is expected to be, facilitated by an entity.

DCF 12.02 Note Note: Section 48.685 (1) (ag) 2., Stats., provides that “caregiver” does not include an emergency medical technician or a first responder.

DCF 12.02(7) (7) “Child-placing agency” means a person that is licensed under ch. DCF 54.

DCF 12.02 Note Note: A child-placing agency is an entity and may also be an agency. A tribe may be licensed as a child-placing agency under ch. DCF 54 or may provide similar services under tribal law.

DCF 12.02(8) (8) “Client” means a person who receives direct care or treatment services from an entity, from a caregiver specified in s. DCF 12.02 (4) (c), or from a child care program under s. 48.686 (1) (aj). “Client” includes all of the following:

DCF 12.02(8)(a) (a) An adopted child for whom adoption assistance payments are being made under s. 48.975, Stats.

DCF 12.02(8)(b) (b) A child for whom subsidized guardianship payments are being made under s. 48.623, Stats.

DCF 12.02(8)(c) (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 the person was previously placed.

DCF 12.02 Note Note: Most types of “clients” are not specified in this definition because the phrase “a person who receives direct care or treatment services from an entity” clearly applies to them. For further information, see the definition of “entity” in s. DCF 12.02 (14).

DCF 12.02(8g) (8g) “Congregate care facility” means a residential care center for children and youth under s. 48.02 (15d), Stats.; a group home under s. 48.02 (7), Stats.; or a shelter care facility under s. 48.02 (17), Stats.

DCF 12.02(8r) (8r) “Congregate care worker” means an adult who works in a congregate care facility. “Congregate care worker” includes a person who has or is seeking a license to operate a congregate care facility and does not include an unpaid volunteer.

DCF 12.02(9) (9) “Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity under an express or implied contract or subcontract. “Contractor” includes a person who has staff privileges at the entity and a person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been facilitated by the entity.

DCF 12.02(10) (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.

DCF 12.02(11) (11) “Department” means the department of children and families.

DCF 12.02(12) (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.

DCF 12.02(13) (13) “Division of hearings and appeals” means the division of hearings and appeals within the department of administration.

DCF 12.02(14) (14) “Entity” means any of the following:

DCF 12.02(14)(a) (a) A residential care center for children and youth that is required to be licensed as a child welfare agency under s. 48.60, Stats., and is licensed under ch. DCF 52 to provide care and maintenance for children and youth in its physical or legal custody.

DCF 12.02(14)(b) (b) A child-placing agency.

DCF 12.02(14)(c) (c) A foster home.