DCF 13.02(23) (23) “Volunteer” means a person who is not compensated, but agrees to give time, with or without reimbursement for expenses, to transport or to work with children in a child care program.

DCF 13.02 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; correction in (7) (a), (8) (intro.) made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: cr. (3) (c), r. and recr. (4) (a), am. (4) (b), (7) (d), (15), cr. (15m), am. (17) (b), (19) Register July 2020 No. 775, eff. 8-1-20; CR 21-107: am. (14) (b) Register June 2022 No. 798, eff. 7-1-22; correction in (4) (b) made under s. 35.17, Stats., Register March 2025 No. 831.

DCF 13.03 DCF 13.03 Background check request.

DCF 13.03(1) (1) Required forms and fees. A background check request shall include a completed background check request form, armed forces records under s. DCF 13.04, release forms, child care background check fees, and any additional information that the department determines is necessary to obtain the records required under s. 48.686 (2) (am), Stats.

DCF 13.03(2) (2) Fingerprint searches.

DCF 13.03(2)(a) (a) Prior to working as a caregiver or noncaregiver employee or residing in a child care program, the subject of the background check shall submit fingerprints in a manner directed by the department.

DCF 13.03(2)(b) (b) Every 5 years or as otherwise requested by the department, caregivers, noncaregiver employees, and household members shall resubmit fingerprints in a manner directed by the department and the information specified under sub. (1).

DCF 13.03 Note Note: DCF-F-5296-E, Background Check Request Form, is available electronically through the Child Care Provider Portal and on the department’s website at https://dcf.wisconsin.gov/forms.

DCF 13.03 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) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.04 DCF 13.04 Obtaining armed forces information.

DCF 13.04(1) (1) If a person who is the subject of a background check served in a branch of the U.S. armed forces within the previous 3 years, including any reserve component, the department shall make every reasonable effort to obtain the discharge status of that person, either from the discharge papers issued to the person or from the armed forces branch in which the person served. The department shall document the efforts made to obtain the discharge status of the person.

DCF 13.04(2) (2) If the discharge status of the person described in sub. (1) is other than honorable, the department shall make every reasonable effort to obtain information on the nature and circumstances of the discharge.

DCF 13.04 Note Note: The information from the armed forces may include military court findings or information relevant to making a background check determination.

DCF 13.04 History History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

DCF 13.05 DCF 13.05 Determining whether other offenses are substantially related.

DCF 13.05(1) (1) Caregivers, noncaregiver employees, and household members. To determine whether a caregiver’s, noncaregiver employee’s, or household member’s conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a child or the activities of a child care program, the department shall consider all of the following:

DCF 13.05(1)(a) (a) In relation to the person’s role at the child care program, all of the following:

DCF 13.05(1)(a)1. 1. The nature and scope of the person’s contact with clients.

DCF 13.05(1)(a)2. 2. The scope of the discretionary authority and independent judgment the person has to make decisions or take actions that affect the care of clients.

DCF 13.05(1)(a)3. 3. The opportunity the role at the child care program presents for committing similar crimes.

DCF 13.05(1)(a)4. 4. The extent to which acceptable performance of the role at the child care program requires the trust and confidence of clients and the parents or guardians of clients.

DCF 13.05(1)(a)5. 5. The amount and type of supervision received.

DCF 13.05(1)(b) (b) In relation to the criminal conviction or delinquency adjudication, all of the following:

DCF 13.05(1)(b)1. 1. Whether intent is an element of the crime.

DCF 13.05(1)(b)2. 2. Whether the elements or circumstances of the crime are related to the person’s role at the child care program.

DCF 13.05(1)(b)3. 3. Any pattern of criminal convictions or delinquency adjudications.

DCF 13.05(1)(b)4. 4. The extent to which the crime relates to clients or other vulnerable persons.

DCF 13.05(1)(b)5. 5. Whether the crime involves violence or a threat of harm.

DCF 13.05(1)(b)6. 6. Whether the crime is of a sexual nature.