DCF 12.10(1)(1) An agency shall conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s. 48.685 (5), Stats., and s. DCF 12.11 and is any of the following:

DCF 12.10(1)(a)(a) A person who has, or is seeking, regulatory approval from the agency as a caregiver specified in s. DCF 12.02 (4) (a).

DCF 12.10(1)(b)(b) A person who is, or is expected to be, a caregiver specified in s. DCF 12.02 (4) (b) or a congregate care worker for an entity that is regulated by the agency.

DCF 12.10(1)(c)(c) A person who is, or is expected to be, a nonclient resident at an entity that is regulated by the agency.

DCF 12.10(2)(2) Notwithstanding sub. (1), the department shall conduct rehabilitation reviews for a person who requests a rehabilitation review if the person is eligible under s. 48.685 (5), Stats., and s. DCF 12.11 and is any of the following:

DCF 12.10(2)(a)(a) A person to whom delegation of the care and custody of a child under s. 48.979 has been, or is expected to be, facilitated by an entity.

DCF 12.10 HistoryHistory: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.11DCF 12.11 Eligibility to request rehabilitation review. A person who is not eligible under s. 48.685 (4m), Stats., to receive regulatory approval, to be employed as a caregiver or a congregate care worker, to contract with an entity to be a caregiver or a congregate care worker, or to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) may request a rehabilitation review, unless any of the following apply:

DCF 12.11(1)(1) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats.

DCF 12.11(2)(2) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats., during a waiting period that has not ended.

DCF 12.11 NoteNote: Tables listing barring offenses and the availability of rehabilitation review for each offense are in the applicable program regulatory sections of the department website at http://dcf.wisconsin.gov.

DCF 12.11 AnnotationFor group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.

DCF 12.11 AnnotationFor foster homes, adoption home studies, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.

DCF 12.11 AnnotationFor child care, see the child care regulation/child care licensing or child care certification sections of the department website.

DCF 12.11(3)(3) 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 nonclient resident status with the same level of direct contact with clients or unsupervised access to clients.

DCF 12.11 HistoryHistory: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2), eff. 1-30-19; CR 19-089: renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2) Register March 2020 No. 771, eff. 4-1-20; correction in (2) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-107: am. (intro.) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.12DCF 12.12 Applying for rehabilitation review. To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s. DCF 12.11 shall do all of the following:

DCF 12.12(1)(1) Obtain a rehabilitation review application on a form prescribed by the department and submit the completed application to the applicable agency.

DCF 12.12 NoteNote: Form DCF-F-419 Rehabilitation Review Application Instructions, is available in the forms section of the department website, http://dcf.wisconsin.gov.

DCF 12.12(2)(2) Submit any supporting documents and information required by the rehabilitation review application to the applicable agency.

DCF 12.13(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 applicable agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.

DCF 12.13(2)(2) Rehabilitation review panel. If a person who is eligible for rehabilitation review under s. DCF 12.11 submits an application that is complete under s. DCF 12.12 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 12.13(3)(3) Requester appearance.

DCF 12.13(3)(a)(a) 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.

DCF 12.13(3)(b)(b) The person’s appearance before the review panel may be in person, by telephone, or other technology approved by the agency.

DCF 12.13(4)(4) Rehabilitation decision factors. After reviewing the information obtained, the review panel shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that the person is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity or with a caregiver specified in s. DCF 12.02 (4) (c). The panel shall consider at least the following factors, as applicable: