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).

DCF 13.09(5) (5) Contested case hearing. The subject of the background check who receives an adverse decision from the department secretary or the secretary’s designee under sub. (4) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the department’s reconsideration decision.

DCF 13.09 Note Note: Send a request for a contested case hearing to the Division of Hearings and Appeals, 4822 Madison Yards Way, PO Box 7875, Madison, Wisconsin, 53707-7875. The fax number of the division is [phone].

DCF 13.09 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. (2) (b), (c) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.10 DCF 13.10 Rehabilitation reviews by agency. An agency may conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s. 48.686 (5) (a), Stats., and s. DCF 13.11 and is any of the following:

DCF 13.10(1) (1) A person who has, or is seeking, regulatory approval from the agency as a caregiver specified in s. DCF 13.02 (4) (c).

DCF 13.10(2) (2) A person who is, or is expected to be, a caregiver specified in s. DCF 13.02 (4) (a) or (b) for a child care program that is regulated by the agency.

DCF 13.10(3) (3) A person who is, or is expected to be, a household member at a child care program that is regulated by the agency.

DCF 13.10(4) (4) A person who is, or is expected to be, a noncaregiver employee for a child care program that is regulated by the agency.

DCF 13.10 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. (3), cr. (4) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.11 DCF 13.11 Eligibility for rehabilitation review.

DCF 13.11(1) (1) Except as provided under sub. (2), a person may have the opportunity to demonstrate his or her rehabilitation if any of the following apply:

DCF 13.11(1)(a) (a) Section 48.686 (4m) (a) 2., 3., or 4. applies to the person.

DCF 13.11(1)(b) (b) The person has been convicted or adjudicated delinquent of a serious crime as specified under s. 48.686 (1) (c) 9., Stats., or for a violation of the law of any other state or United States jurisdiction that would be a violation listed in s. 48.686 (1) (c) 9., Stats., if committed in this state, and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, more than 5 years before the date of the investigation under s. 48.686 (2) (am), Stats.

DCF 13.11 Note Note: A table listing child care serious crimes and availability of rehabilitation review for each offense can be accessed at https://dcf.wisconsin.gov/files/publications/pdf/5206.pdf.

DCF 13.11(2) (2) A person may not have the opportunity to demonstrate his or her rehabilitation if within the preceding 12 months an agency denied the person’s request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or status as a household member with the same level of direct contact with clients or unsupervised access to clients.

DCF 13.11 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) (intro.), (2) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.12 DCF 13.12 Applying for rehabilitation review. To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s. DCF 13.11 shall do all of the following:

DCF 13.12(1) (1) Obtain a rehabilitation review application on a form prescribed by the department and submit the completed application to the agency.

DCF 13.12 Note Note: Form DCF-F-419, Rehabilitation Review Application Instructions, is available in the forms section of the department website, http://dcf.wisconsin.gov.

DCF 13.12(2) (2) Submit any supporting documents and information required by the rehabilitation review application to the agency.

DCF 13.12 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

DCF 13.13 DCF 13.13 Agency rehabilitation review process.

DCF 13.13(1) (1) Time frame. If an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received by the agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.

DCF 13.13(2) (2) Rehabilitation review panel. If a person who is eligible for rehabilitation review under s. DCF 13.11 submits an application that is complete under s. DCF 13.12 no later than the deadline in sub. (1), the applicable agency shall appoint a review panel of at least 2 persons to review the information submitted. The panel may request additional information from the person requesting the review or from other agencies or persons familiar with the person.

DCF 13.13(3) (3) Requestor appearance. A person for whom a rehabilitation review is conducted under sub. (2) shall be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have. The person’s appearance before the review panel may be in person, by telephone, or other technology approved by the agency.

DCF 13.13(4) (4) Rehabilitation review panel. After reviewing the information obtained, a review panel appointed under sub. (2) shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that he or she is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or noncaregiver employee, contracting with a child care program to be a caregiver or noncaregiver employee, or residing at a child care program. The panel shall consider at least the following factors, as applicable:

DCF 13.13(4)(a) (a) Personal references and comments from employers, persons, and agencies familiar with the applicant and statements from therapists, counselors, and other professionals.

DCF 13.13(4)(b) (b) Evidence of successful adjustment to, compliance with, or proof of successful completion of parole, extended supervision, probation, incarceration, or work release privileges.