DCF 12.06 NoteNote: Form DCF-F-CFS2261-E, Background Checks Substantially Related Investigation Report, is available, but is optional, for documentation of the determination as required in sub. (3). If a home study is required for foster care licensure, subsidized guardianship, or adoption approval, county departments and child-placing agencies must include documentation of the determination in the home study.
DCF 12.06 AnnotationAn agency or entity is required to determine whether a criminal conviction or delinquency adjudication for an offense that is not a “serious crime” as defined in s. DCF 12.02 (24) is substantially related to the care of children or the activities of the program. It may be helpful to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction as part of that investigation and determination. Section 48.685 (2) (bb), Stats., requires an agency or entity to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., if the conviction was within the past 5 years.
DCF 12.06 AnnotationTo file a complaint of prohibited employment discrimination under s. 111.335, Stats., contact the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or 608-266-6860.
DCF 12.06 HistoryHistory: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (title), (intro.), (a) 1. to 4. Register June 2022 No. 798, eff. 7-1-22. DCF 12.07DCF 12.07 Denial and revocation information. Each county department and child-placing agency shall provide the department with written information about each person for whom the county department or child-placing agency denied or revoked regulatory approval specified in s. DCF 12.02 (21) (b), (e), (f), (g), or (h) for a reason specified in s. 48.685 (4m), Stats. The county department or child-placing agency shall provide the information in an automation system prescribed by the department or on a form prescribed by the department. DCF 12.07 NoteNote: County departments and child-placing agencies with direct access to eWiSACWIS, the department’s child welfare automation system, enter the information into the system. Child-placing agencies that do not have direct access to eWiSACWIS provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.
DCF 12.07 HistoryHistory: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (title), eff. 1-30-19; CR 19-089: am. (title) Register March 2020 No. 771, eff. 4-1-20. DCF 12.08(1)(1) Entity reporting of offense. An entity shall report to the agency that gave regulatory approval as soon as the entity knows, or should have known, that any of the following apply to a caregiver, congregate care worker, or nonclient resident at the entity: DCF 12.08(1)(a)(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime. DCF 12.08(1)(b)(b) The person has been adjudicated delinquent for committing any crime. DCF 12.08(1)(c)(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime. DCF 12.08(1)(e)(e) A final substantiated finding has been made that the person abused or neglected a child. DCF 12.08(1)(f)(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction. DCF 12.08(1)(g)(g) A unit of government or a state agency as defined in s. 16.61 (2) (d), Stats., made a finding that the person has abused or neglected a client or misappropriated the property of a client. DCF 12.08(1)(h)(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited. DCF 12.08(2)(a)(a) An entity shall report to the agency that gave regulatory approval as soon as possible, but no later than the agency’s next business day, if any of the following occurs: DCF 12.08(2)(a)1.1. A person who is age 10 or over and is not a client begins residing at, or is expected to reside at, an entity. DCF 12.08(2)(a)2.2. A person who is residing at the entity and is not a client turns 10 years of age. DCF 12.08(2)(a)4.4. A corporation or limited liability company designates a new person to be subject to the background check. DCF 12.08(2)(b)(b) When a change specified under par. (a) 1. to 4. occurs regarding an entity, the entity shall submit a completed background information disclosure for the new person subject to the background check to the agency as soon as possible, but no later than the agency’s next business day. DCF 12.08(3)(3) Entity policy. An entity shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 12.02 (4) (b) or a congregate care worker to notify the entity as soon as possible, but no later than the entity’s next working day, if any of the following apply: DCF 12.08(3)(a)(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime. DCF 12.08(3)(b)(b) The person has been adjudicated delinquent for committing any crime. DCF 12.08(3)(c)(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.