DCF 58.05 NoteNote: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website at https://dcf.wisconsin.gov. DCF 58.05(3)(a)2.2. Provides information on the person’s places of residence during the preceding 5-year period. DCF 58.05(3)(b)(b) The relative caregiver shall submit the information under par. (a) to the kinship care agency. DCF 58.05(3)(c)(c) A person who is the subject of a background check shall submit a complete set of the person’s fingerprints in a technology approved by the Wisconsin department of justice or other law enforcement agency if any of the following conditions is met: DCF 58.05(3)(c)2.2. The person has resided outside the state at any time within the preceding 5 years. DCF 58.05(3)(c)3.3. The kinship care agency determines that the person’s employment, licensing, or state court records provide a reasonable basis for further investigation. DCF 58.05(4)(a)(a) The kinship care agency shall obtain information on a person who is the subject of a background check by doing all of the following: DCF 58.05(4)(a)1.1. Requesting a search of the criminal history records maintained by the department of justice. DCF 58.05(4)(a)2.2. Submitting the person’s fingerprints to the department of justice for submission to the federal bureau of investigation if any of the conditions under sub. (3) (c) is met. DCF 58.05(4)(b)(b) When the kinship care agency is conducting a background check of a relative caregiver, the agency shall conduct a reverse search of the Wisconsin sex offender registry using the relative caregiver’s address to determine if a person residing at that address has committed a sex offense that is specified in s. 48.57 (3p) (g), Stats. DCF 58.05 NoteNote: A reverse search of the sex offender registry by address can be done by entering the relative caregiver’s address at https://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders. DCF 58.05 NoteThe information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.
DCF 58.05 NoteFor example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.
DCF 58.05(5)(5) Further investigation. If a relative caregiver is applying for or receiving kinship care payments, the kinship care agency shall investigate further if the criminal history records of the person who is the subject of the background check indicate any of the following: DCF 58.05(5)(a)(a) If the criminal history records indicate a charge of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the kinship care agency shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. DCF 58.05(5)(b)(b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but the criminal history records do not include the charge or conviction, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. DCF 58.05(5)(c)(c) If the results of the criminal history records, the background information disclosure, or any other information indicate a conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in another jurisdiction, not more than 5 years before the kinship care agency obtained the information, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation. DCF 58.05(6)(a)(a) A kinship care agency may not make kinship care payments to a relative caregiver if the relative caregiver or an employee or adult resident has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregiver’s ability to care for the child. DCF 58.05(6)(b)(b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the person has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregivers ability to care for the child. DCF 58.05 NotePatterns of criminal behavior, pending charges, and convictions that are not specified under s. 48.57 (3p) (g), Stats., may be considered when determining the best interests of the child under s. DCF 58.06 (3). DCF 58.05(7)(a)(a) A kinship care agency may not make long-term kinship care payments to a relative caregiver if the director determines that the relative caregiver or an employee or adult resident of the relative caregiver has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats. DCF 58.05(7)(b)(b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the director determines that the person has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats. DCF 58.05 NoteNote: The kinship care agency may need to obtain a copy of the criminal complaint from the clerk of court to determine whether the circumstances of the crimes or the reason for the penalties could adversely affect the child or the relative caregiver’s ability to care for the child. A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.