DCF 12.04 HistoryHistory: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (title), (2) (c) Register June 2022 No. 798, eff. 7-1-22.
DCF 12.05DCF 12.05Obtaining armed forces information.
DCF 12.05(1)(1)If a person who is the subject of a background check served in a branch of the U.S. armed forces within the previous 3 years, including any reserve component, the agency or entity shall make every reasonable effort to obtain the discharge status of that person, either from the discharge papers issued to the person or from the armed forces branch in which the person served.
DCF 12.05(2)(2)The agency or entity shall document the efforts made to obtain the discharge status of the person.
DCF 12.05(3)(3)If the discharge status of the person is other than honorable, the agency or entity shall obtain information on the nature and circumstances of the discharge.
DCF 12.05 NoteNote: The information from the armed forces may include relevant military court findings or information relevant to making a determination of whether an applicant is fit and qualified.
DCF 12.05 HistoryHistory: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22.
DCF 12.06DCF 12.06Determining whether other offenses are substantially related.
DCF 12.06(1)(1)Caregivers and congregate care workers. To determine whether a caregiver’s or a congregate care worker’s conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a client or the activities of a program for purposes of s. 48.685 (5m), Stats., an agency or entity shall consider all of the following:
DCF 12.06(1)(a)(a) In relation to the job or caregiving role, all of the following:
DCF 12.06(1)(a)1.1. The nature and scope of the caregiver’s or congregate care worker’s client contact.
DCF 12.06(1)(a)2.2. The scope of the discretionary authority and independent judgment the caregiver or congregate care worker has to make decisions or take actions that affect the care of clients.
DCF 12.06(1)(a)3.3. The opportunity the job or caregiving role presents for committing similar crimes.
DCF 12.06(1)(a)4.4. The extent to which acceptable performance in the job or caregiving role requires the trust and confidence of clients and the parents or guardians of clients.
DCF 12.06(1)(a)5.5. The amount and type of supervision received.
DCF 12.06(1)(b)(b) In relation to the criminal conviction or delinquency adjudication, all of the following:
DCF 12.06(1)(b)1.1. Whether intent is an element of the crime.
DCF 12.06(1)(b)2.2. Whether the elements or circumstances of the crime are related to the job or caregiving duties.
DCF 12.06(1)(b)3.3. Any pattern of criminal convictions or delinquency adjudications
DCF 12.06(1)(b)4.4. The extent to which the crime relates to clients or other vulnerable persons
DCF 12.06(1)(b)5.5. Whether the crime involves violence or a threat of harm
DCF 12.06(1)(b)6.6. Whether the crime is of a sexual nature
DCF 12.06(1)(c)(c) In relation to the person, all of the following:
DCF 12.06(1)(c)1.1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.
DCF 12.06(1)(c)2.2. The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, or contract.
DCF 12.06(1)(c)3.3. The person’s employment history, including references, if available.
DCF 12.06(1)(c)4.4. The person’s participation in or completion of pertinent programs of a rehabilitative nature.
DCF 12.06(1)(c)5.5. The person’s probation, extended supervision, or parole status.
DCF 12.06(1)(c)6.6. 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.