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) (2) Other entity reporting.

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)3. 3. A nonclient resident turns 18 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)(a)5. 5. The name of a caregiver under s. DCF 12.02 (4) (a), congregate care worker, or a nonclient resident at the entity has been changed.

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.

DCF 12.08(3)(d) (d) The person has been convicted of any crime.

DCF 12.08(3)(e) (e) A final substantiated finding has been made that the person abused or neglected a child.

DCF 12.08(3)(f) (f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

DCF 12.08(3)(g) (g) A unit of government or a state agency as defined in s. 16.61 (2) (d), Stats., has made a finding that the person has abused a client or misappropriated the property of a client.

DCF 12.08(3)(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 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (1) (intro.), (a), (b), (2) (a) 4., 5., (b), (3) (intro.), (a), (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 12.09 DCF 12.09 Sanctions.

DCF 12.09(1) (1) Entity.

DCF 12.09(1)(a) (a) An entity that does any of the following may be subject to one or more of the sanctions specified in par. (b):

DCF 12.09(1)(a)1. 1. Hires, employs, or contracts with a caregiver or congregate care worker or permits a nonclient resident to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) if the entity knows, or should know, that the caregiver, congregate care worker, or nonclient resident is barred under s. 48.685 (4m) (b) or that a nonclient resident is ineligible for residency under s. 48.685 (5m), Stats.

DCF 12.09(1)(a)2. 2. Violates any provision in s. 48.685, Stats., or this chapter regarding caregivers specified in s. DCF 12.02 (4) (b) or (c) or congregate care workers, including requiring completion of a background information disclosure as required under s. 48.685 (6), and conducting the background check as required under s. 48.685 (2) and (3), Stats.

DCF 12.09(1)(a)3. 3.

DCF 12.09(1)(a)3.a. a. Knows, or should know, that a nonclient resident at the entity failed to complete and submit the background information disclosure to the applicable agency as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the applicable agency.

DCF 12.09(1)(a)3.b. b. Knows, or should know, that a nonclient resident of a caregiver specified in s. DCF 12.02 (4) (c) failed to complete and submit the background information disclosure to the entity specified in s. DCF 12.02 (14) (L) as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the entity specified in s. DCF 12.02 (14) (L).