DCF 12.06(1)(c)7. 7. The age of the person on the date the crime was committed.

DCF 12.06(2) (2) Nonclient residents. To determine whether a nonclient resident’s criminal conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to a nonclient resident’s access to clients or the activities of a program for purposes of s. 48.685 (5m), Stats., an agency shall consider all of the following:

DCF 12.06(2)(a) (a) In relation to nonclient residency, all of the following:

DCF 12.06(2)(a)1. 1. The nature and scope of the nonclient resident’s contact with clients or activities of the program.

DCF 12.06(2)(a)2. 2. The opportunity nonclient residency presents for committing similar crimes.

DCF 12.06(2)(a)3. 3. The amount and type of supervision of the nonclient resident.

DCF 12.06(2)(b) (b) In relation to the criminal conviction or delinquency adjudication, all of the following:

DCF 12.06(2)(b)1. 1. Whether intent is an element of the crime.

DCF 12.06(2)(b)2. 2. Whether the elements or circumstances of the crime involve access to clients or activities of the program.

DCF 12.06(2)(b)3. 3. Any pattern of criminal convictions or delinquency adjudications.

DCF 12.06(2)(b)4. 4. The extent to which the crime relates to clients or other vulnerable persons.

DCF 12.06(2)(b)5. 5. Whether the crime involves violence or a threat of harm.

DCF 12.06(2)(b)6. 6. Whether the crime is of a sexual nature.

DCF 12.06(2)(c) (c) In relation to the person, all of the following:

DCF 12.06(2)(c)1. 1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.

DCF 12.06(2)(c)2. 2. The length of time between the conviction or delinquency adjudication and the determination affecting nonclient residency.

DCF 12.06(2)(c)3. 3. The person’s participation in or completion of pertinent programs of a rehabilitative nature.

DCF 12.06(2)(c)4. 4. The person’s probation, extended supervision, or parole status.

DCF 12.06(2)(c)5. 5. The age of the person on the date the crime was committed.

DCF 12.06(3) (3) Documentation.

DCF 12.06(3)(a) (a) An agency shall document how it reached the determination under sub. (1) that the criminal conviction or delinquency adjudication of a caregiver under s. DCF 12.02 (4) (a) is or is not substantially related to care of a client or activities of the program.

DCF 12.06(3)(b) (b) An agency shall document how it reached the determination under sub. (2) that the criminal conviction or delinquency adjudication of a nonclient resident is or is not substantially related to access to clients or activities of a program.

DCF 12.06(3)(c) (c) An entity shall document how it reached a determination under sub. (1) that a criminal conviction or delinquency adjudication of a caregiver specified in s. DCF 12.02 (4) (b) is or is not substantially related to the care of a client or activities of a program.

DCF 12.06 Note Note: Form DCF-F-CFS2261-E, Background Checks Substantially Related Investigation Report, is available, but is optional, for documentation of the determination as required in sub. (3). If a home study is required for foster care licensure, subsidized guardianship, or adoption approval, county departments and child-placing agencies must include documentation of the determination in the home study.

DCF 12.06 Annotation An agency or entity is required to determine whether a criminal conviction or delinquency adjudication for an offense that is not a “serious crime” as defined in s. DCF 12.02 (24) is substantially related to the care of children or the activities of the program. It may be helpful to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction as part of that investigation and determination. Section 48.685 (2) (bb), Stats., requires an agency or entity to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., if the conviction was within the past 5 years.

DCF 12.06 Annotation To file a complaint of prohibited employment discrimination under s. 111.335, Stats., contact the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or 608-266-6860.

DCF 12.06 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (title), (intro.), (a) 1. to 4. Register June 2022 No. 798, eff. 7-1-22.

DCF 12.07 DCF 12.07 Denial and revocation information. Each county department and child-placing agency shall provide the department with written information about each person for whom the county department or child-placing agency denied or revoked regulatory approval specified in s. DCF 12.02 (21) (b), (e), (f), (g), or (h) for a reason specified in s. 48.685 (4m), Stats. The county department or child-placing agency shall provide the information in an automation system prescribed by the department or on a form prescribed by the department.

DCF 12.07 Note Note: County departments and child-placing agencies with direct access to eWiSACWIS, the department’s child welfare automation system, enter the information into the system. Child-placing agencies that do not have direct access to eWiSACWIS provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.