Chapter DCF 12

DCF 12.13(4)(c) (c) Any investigations or enforcement actions by a regulatory agency for substantial noncompliance with applicable laws.

DCF 12.13(4)(d) (d) Any subsequent contacts with law enforcement agencies, including arrests, charges, convictions, pending criminal or civil arrest warrants, civil judgments, or other legal enforcement actions or injunctions against the person.

DCF 12.13(4)(e) (e) Any aggravating or mitigating circumstances surrounding the barring crime, act, or offense.

DCF 12.13(4)(f) (f) Evidence of rehabilitation, such as public or community service, volunteer work, recognition by other public or private authorities for accomplishments or efforts or attempts at restitution, and demonstrated ability to develop positive social interaction and increased independence or autonomy of daily living.

DCF 12.13(4)(g) (g) The age of the person at the time of the offense and the amount of time between the crime, act, or offense and the request for rehabilitation review.

DCF 12.13(4)(h) (h) Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction.

DCF 12.13(4)(i) (i) A victim’s impact statement, if appropriate.

DCF 12.13(4)(j) (j) The person’s employment history, including evidence of acceptable performance or competency and dedication to the person’s profession.

DCF 12.13(4)(k) (k) The nature and scope of the person’s contact with clients in the position requested.

DCF 12.13(4)(L) (L) The degree to which the person would be directly supervised or working independently in the position requested.

DCF 12.13(4)(m) (m) The opportunity presented for someone in the position to commit similar offenses.

DCF 12.13(4)(n) (n) The number, type, and pattern of offenses committed by the person.

DCF 12.13(4)(o) (o) Successful participation in or completion of recommended rehabilitation, treatment, or programs.

DCF 12.13(4)(p) (p) Unmet treatment needs.

DCF 12.13(4)(q) (q) The person’s veracity.

DCF 12.13(5) (5) Review panel decision.

DCF 12.13(5)(a) (a) Scope. A review panel may grant rehabilitation approval only within the scope of the agency’s regulatory authority.

DCF 12.13(5)(b) (b) Deferral. A review panel may defer a final decision for a period of not more than 6 months, unless the person who is the subject of the rehabilitation review agrees to a longer time period.

DCF 12.13(5)(c) (c) Written decision. The review panel shall issue a written decision that includes the following information, as applicable:

DCF 12.13(5)(c)1. 1. ‘Approval.’ An approval shall state all of the following:

DCF 12.13(5)(c)1.a. a. The type of entity to which the decision applies.

DCF 12.13(5)(c)1.b. b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.

DCF 12.13(5)(c)1.c. c. Any conditions or limitations placed on the approval.

DCF 12.13 Note Note: Examples of limited approval include approval for employment doing only certain job functions or approval to care for a specific child only.

DCF 12.13(5)(c)2. 2. ‘Deferral.’ A deferral shall state the reason for the deferral and the date that the review panel will reconvene to review any new information affecting the request.

DCF 12.13(5)(c)3. 3. ‘Denial.’ A denial shall include all of the following:

DCF 12.13(5)(c)3.a. a. The type of entity to which the decision applies.

DCF 12.13(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 a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.

DCF 12.13(5)(c)3.c. c. The reason for the denial.

DCF 12.13(5)(c)3.d. d. Notice that the person may appeal the denial and a summary of the appeal process under s. 48.685 (5c), Stats., and s. DCF 12.14.

DCF 12.13(6) (6) Review panel decision distribution.

DCF 12.13(6)(a) (a) The review panel shall send its decision to the person who is the subject of the rehabilitation review and, if requested, a copy to entities specified by that person.

DCF 12.13(6)(b) (b) Within 10 days after sending a rehabilitation review decision to the person who is the subject of the rehabilitation review, the review panel for an agency shall send all of the following to the department:

DCF 12.13(6)(b)1. 1. A copy of the review panel’s decision.

DCF 12.13(6)(b)2. 2. A copy of the person’s application under s. DCF 12.12 (1).

DCF 12.13(6)(b)3. 3. A completed rehabilitation review panel decision report on a form prescribed by the department.

DCF 12.13 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 the Office of Legal Counsel, Department of Children and Families, P. O. Box 8916, Madison, WI 53708-8916.

DCF 12.13(7) (7) Retention of rehabilitation decision documentation.

DCF 12.13(7)(a) (a) The agency shall retain a copy of the written decision by the rehabilitation review panel and any decisions from filed appeals that may result.

DCF 12.13(7)(b) (b) The agency shall retain a copy of the rehabilitation review request and all materials or information obtained or notes made as part of the rehabilitation review decision for at least 10 years after the decision is made and any appeals are finalized.

DCF 12.13 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), (3) (a), (5) (a), eff. 1-30-19; CR 19-089: am. (1), (3) (a), (5) (a) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (4) (intro.), (5) (c) 1. b., 3. b. Register June 2022 No. 798, eff. 7-1-22.

DCF 12.14 DCF 12.14 Appealing a rehabilitation review panel’s denial.

DCF 12.14(1) (1) 

DCF 12.14(1)(a) (a) A person who is denied rehabilitation approval may submit a written request for review of the decision under s. 48.685 (5c), Stats., within 10 days after the date of the written decision by the rehabilitation panel. No new evidence may be submitted.

DCF 12.14(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 the person is rehabilitated.

DCF 12.14 Note Note: Pursuant to s. 48.685 (5c), Stats., submit an appeal to the following, as appropriate:

DCF 12.14 Annotation 1. To appeal a denial by a rehabilitation review panel for the department 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.

DCF 12.14 Annotation 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 the director’s designee.

DCF 12.14(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 12.14 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to [phone].

DCF 12.14(3) (3) A person who receives an adverse decision from a county department director or the director’s designee has the right to appeal the decision under ch. 68, Stats.

DCF 12.14 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (b), (2), (3) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.15 DCF 12.15 Withdrawal of rehabilitation approval.

DCF 12.15(1) (1) Compliance with approval conditions. A person whose rehabilitation is approved shall comply with any conditions and limitations imposed with that approval.

DCF 12.15(2) (2) Criteria for withdrawal. An agency that granted a person a rehabilitation approval may withdraw the rehabilitation approval if the person has done any of the following:

DCF 12.15(2)(a) (a) The person has failed to comply with or abide by any conditions or limitations imposed with the rehabilitation approval.

DCF 12.15(2)(b) (b) 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 12.15(3) (3) Informing the granting agency. An entity 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 12.15(4) (4) Withdrawal notice. If an agency withdraws a rehabilitation approval, it shall issue a written notice that explains the reasons for the withdrawal and informs the person whose approval has been withdrawn that an appeal is available under s. DCF 12.14.

DCF 12.15(5) (5) Reporting to the department. If an agency withdraws rehabilitation approval and the withdrawal results in a bar to regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity, the agency that withdraws the rehabilitation approval shall immediately report the withdrawal to the department.

DCF 12.15 Note Note: Send reports of withdrawn rehabilitation approval to Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

DCF 12.15 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (4), (5) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.16 DCF 12.16 Permissive acceptance of a rehabilitation approval. In this chapter:

DCF 12.16(1) (1) Scope.

DCF 12.16(1)(a) (a) 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 entity and the same type of approval.

DCF 12.16 Note Note: For example, a county department in County B may accept a rehabilitation approval to be a nonclient resident in a foster home if a county department in County A granted the same type of approval.

DCF 12.16(1)(c) (c) 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 12.16(1)(d) (d) A rehabilitation approval granted by a tribe that conducts rehabilitation reviews pursuant to a plan approved under s. 48.685 (5d), Stats., may not be accepted.

DCF 12.16 Note Note: Rehabilitation approvals granted by a tribe under this chapter may be accepted.

DCF 12.16(2) (2) Process.

DCF 12.16(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 12.16(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 12.16(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 12.16(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 the right to submit an application for a new rehabilitation review under s. DCF 12.12 and shall process a submitted application under s. DCF 12.13.

DCF 12.16 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. r. (1) (b), eff. 1-30-19; CR 19-089: r. (1) (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (3) Register June 2022 No. 798, eff. 7-1-22.