DCF 13.05(1)(c)1. 1. The number and type of crimes for which the person has been convicted or adjudicated delinquent.

DCF 13.05(1)(c)2. 2. The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, contract, or nonclient residency.

DCF 13.05(1)(c)3. 3. The person’s participation in or completion of pertinent programs of a rehabilitative nature.

DCF 13.05(1)(c)4. 4. The person’s probation, extended supervision, or parole status.

DCF 13.05(1)(c)5. 5. If the person is a caregiver or noncaregiver employee, the person’s ability to perform or to continue to perform the role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.

DCF 13.05(1)(c)7. 7. The age of the person on the date the crime was committed.

DCF 13.05(2) (2) Documentation. The department shall document how it reached the determination under sub. (1) that the criminal conviction or delinquency adjudication of a caregiver, noncaregiver employee, or household member is or is not substantially related to the care of a child or the activities of the child care program.

DCF 13.05 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.), (c) 5., (2) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.06 DCF 13.06 Background check eligibility.

DCF 13.06(1) (1) Preliminary eligibility.

DCF 13.06(1)(a) (a) The department shall issue a preliminary eligibility determination that indicates whether a person is barred from employment as a caregiver, noncaregiver employee, or household member at the child care program based on any serious crimes reported on the federal bureau of investigation and Wisconsin department of justice fingerprint results.

DCF 13.06(1)(b) (b) A child care program that receives a department determination that a person is preliminarily eligible may employ, contract with, or allow the person to reside at the child care program pending the department’s final eligibility determination under sub. (3).

DCF 13.06(2) (2) Supervision of persons with preliminary eligibility.

DCF 13.06(2)(a) (a) Persons who begin work or residency with preliminary eligibility under sub. (1) shall be supervised at all times children are present. The supervision shall include periodic and direct observation of the person.

DCF 13.06(2)(b) (b) A person who has received a final determination of eligibility under sub. (3) within the past 5 years shall supervise a person with preliminary eligibility under sub. (1).

DCF 13.06(3) (3) Final eligibility.

DCF 13.06(3)(a) (a) After receiving all of the records required under s. 48.686 (2) (am), Stats., the department shall provide a final written report to the child care program indicating whether the person who is the subject of the report is eligible or ineligible to work or reside at a child care program, without revealing information about any disqualifying offenses or other information regarding the person.

DCF 13.06(3)(b) (b) The department shall provide a final written report to the person on whom the child care background check was conducted, indicating whether the person is eligible or ineligible to work or reside at a child care program. If the person is ineligible, the report also shall include information on each disqualifying offense, the right to appeal under s. DCF 13.09, and the right to a rehabilitation review under s. DCF 13.10, if applicable.

DCF 13.06(4) (4) Transfer of eligibility. A child care program may employ a person or allow the person to reside in the child care program without requesting a new child care background check on the person if all of the following conditions are met:

DCF 13.06(4)(a) (a) Within the past 5 years, the person received a final determination of eligibility under sub. (3) to work or reside in a child care program and the determination of eligibility has not been withdrawn or revoked.

DCF 13.06(4)(b) (b) Either of the following apply:

DCF 13.06(4)(b)1. 1. The person is currently working or residing in a child care program.

DCF 13.06(4)(b)2. 2. The person has been separated from employment or residence at a child care program for less than 180 days.

DCF 13.06 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) Register July 2020 No. 775, eff. 8-1-20.

DCF 13.07 DCF 13.07 Reporting requirements.

DCF 13.07(1) (1) Child care program offense reporting requirements. A child care program shall report to the agency that granted regulatory approval as soon as the child care program knows, or should have known, that any of the following apply to a caregiver, noncaregiver employee, or household member at the child care program:

DCF 13.07(1)(a) (a) The person is the subject of a delinquency petition alleging that the person committed a serious crime on or after his or her 10th birthday.

DCF 13.07(1)(b) (b) The person has been adjudicated delinquent on or after his or her 10th birthday for committing any crime.

DCF 13.07(1)(c) (c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.