DCF 13.08(1)(a)5. 5. Knows, or should know, that a caregiver, noncaregiver employee, or household member at the child care program committed an act barred under s. 48.686 (4m) (a) 6., 7., or 8., Stats., including knowingly giving false information on or knowingly omitting material information relating to the child care background check.

DCF 13.08(1)(a)6. 6. Fails to comply with applicable reporting requirements under s. DCF 13.07 (1) or (2).

DCF 13.08(1)(a)7. 7. Fails to have a policy on reporting changes as required in s. DCF 13.07 (3).

DCF 13.08(1)(a)8. 8. Violates any provision in s. 48.686, Stats., or this chapter regarding caregivers, noncaregiver employees, or household members.

DCF 13.08(1)(b) (b) Any of the following sanctions may be imposed on a child care program that commits any of the acts described in par. (a):

DCF 13.08(1)(b)1. 1. Suspension, nonrenewal, denial, or revocation of regulatory approval.

DCF 13.08(1)(b)2. 2. Specific conditions or limitations placed on the regulatory approval.

DCF 13.08(1)(b)3. 3. A forfeiture of not more than $1,000.

DCF 13.08(1)(b)4. 4. A requirement that the child care program develop a written plan that specifies corrections that will be made to personnel screening practices, obtain agency approval of the correction plan, and implement the correction plan.

DCF 13.08(2) (2) Applicant. An applicant for regulatory approval who does any of the following is subject to denial of an application for regulatory approval:

DCF 13.08(2)(a) (a) Fails to complete and submit the background check request required under s. DCF 13.03.

DCF 13.08(2)(b) (b) Knowingly provides false information on or knowingly omits information from the background check request form.

DCF 13.08 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (a) 3., cr. (1) (a) 3m., am. (1) (a) 5., 8. Register July 2020 No. 775, eff. 8-1-20.

DCF 13.09 DCF 13.09 Appeal of background check determinations.

DCF 13.09(1) (1) Appeal rights.

DCF 13.09(1)(a) (a) The department shall include a statement of appeal rights with a notification of ineligibility under s. DCF 13.06 (3) to the subject of background check.

DCF 13.09(1)(b) (b) The subject of a department determination under s. DCF 13.06 (3) may appeal the determination under s. 48.686 (4s), Stats. Only the subject of the background check may file the appeal.

DCF 13.09(2) (2) Submission of an appeal.

DCF 13.09(2)(a) (a) To submit an appeal of an ineligibility determination under s. DCF 13.06 (3), the subject of a background check shall submit a completed petition for appeal form prescribed by the department to the department’s postal address, email address, or fax number that is identified in the statement of appeal rights.

DCF 13.09(2)(b) (b) An appeal under sub. (1) may be submitted no later than 10 days after the date of the department’s ineligibility determination, unless the subject requests, and the department grants for good cause shown, an extension for a specific period of time prior to the expiration of the 10-day appeal period.

DCF 13.09(2)(c) (c) If an appeal is not received under sub. (1) within 10 days after the department’s ineligibility determination and an extension has not been approved before the expiration of the 10-day appeal period, the department’s ineligibility determination made under s. DCF 13.06 (3) is final.

DCF 13.09 Note Note: Form DCF-F-5331-E, Petition for Appeal of Ineligibility Determination, is available in the forms section of the department website, http://dcf.wisconsin.gov. Send the appeal request to the Department of Children and Families, Child Care Background Unit, P.O. Box 8916, Madison, WI 53708-8916; email [e-mail]; or fax [phone].

DCF 13.09(3) (3) Department review of appeals.

DCF 13.09(3)(a) (a) The department shall notify the subject of the background check that his or her appeal request under sub. (2) has been received within 7 business days after receipt.

DCF 13.09(3)(b) (b) The department shall review each timely appeal request under sub. (2) and issue a written appeal decision within 30 days after receiving the appeal request. The decision notice shall include information on the right to another appeal by requesting a reconsideration under sub. (4).

DCF 13.09 Note Note: Send the reconsideration request to the Department of Children and Families, Assistant Secretary, P.O. Box 8916, Madison, WI 53708-8916; email [e-mail]; or fax [phone].

DCF 13.09(4) (4) Reconsideration of an appeal.

DCF 13.09(4)(a) (a) The subject of the background check may request a reconsideration of the department’s appeal decision under sub. (3). A request for reconsideration shall be sent to the postal address, email address, or fax number identified in the appeal decision within 30 days after the date on the decision.

DCF 13.09(4)(b) (b) The department secretary or the secretary’s designee shall review a reconsideration request under par. (a) and issue a written decision. The reconsideration decision shall include information on the right to another appeal by requesting a contested case hearing under sub. (5).