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:
DCF 12.13(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 12.13(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.
DCF 12.13(4)(c)(c) Any investigations or enforcement actions by a regulatory agency for substantial noncompliance with applicable laws.
DCF 12.13(4)(d)(d) Any subsequent contacts with law enforcement agencies, including arrests, charges, convictions, pending criminal or civil arrest warrants, civil judgments, or other legal enforcement actions or injunctions against the person.
DCF 12.13(4)(e)(e) Any aggravating or mitigating circumstances surrounding the barring crime, act, or offense.
DCF 12.13(4)(f)(f) Evidence of rehabilitation, such as public or community service, volunteer work, recognition by other public or private authorities for accomplishments or efforts or attempts at restitution, and demonstrated ability to develop positive social interaction and increased independence or autonomy of daily living.
DCF 12.13(4)(g)(g) The age of the person at the time of the offense and the amount of time between the crime, act, or offense and the request for rehabilitation review.
DCF 12.13(4)(h)(h) Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction.
DCF 12.13(4)(i)(i) A victim’s impact statement, if appropriate.
DCF 12.13(4)(j)(j) The person’s employment history, including evidence of acceptable performance or competency and dedication to the person’s profession.
DCF 12.13(4)(k)(k) The nature and scope of the person’s contact with clients in the position requested.
DCF 12.13(4)(L)(L) The degree to which the person would be directly supervised or working independently in the position requested.
DCF 12.13(4)(m)(m) The opportunity presented for someone in the position to commit similar offenses.
DCF 12.13(4)(n)(n) The number, type, and pattern of offenses committed by the person.
DCF 12.13(4)(o)(o) Successful participation in or completion of recommended rehabilitation, treatment, or programs.
DCF 12.13(4)(p)(p) Unmet treatment needs.
DCF 12.13(4)(q)(q) The person’s veracity.
DCF 12.13(5)(5)Review panel decision.
DCF 12.13(5)(a)(a) Scope. A review panel may grant rehabilitation approval only within the scope of the agency’s regulatory authority.
DCF 12.13(5)(b)(b) Deferral. A review panel may defer a final decision for a period of not more than 6 months, unless the person who is the subject of the rehabilitation review agrees to a longer time period.
DCF 12.13(5)(c)(c) Written decision. The review panel shall issue a written decision that includes the following information, as applicable:
DCF 12.13(5)(c)1.1. ‘Approval.’ An approval shall state all of the following:
DCF 12.13(5)(c)1.a.a. The type of entity to which the decision applies.
DCF 12.13(5)(c)1.b.b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.
DCF 12.13(5)(c)1.c.c. Any conditions or limitations placed on the approval.