reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 163 - Agricultural Development › Section ATCP 163.02 - Grant proposals

Current through June 24, 2024
(1) The department may at any time, issue a
				request for grant proposals. The department shall issue a request for grant
				proposals at least once during every state fiscal biennium for which grant
				funding is appropriated. A request for grant proposals shall include all of the
				following:
(a) A deadline date for submitting
				a grant proposal.
(b) An address
				for submitting a grant proposal.
(c) The name, business mailing address,
				business email address, and business telephone number of a department
				representative who can provide more information or answer questions about the
				request for grant proposal.
(d) The
				applicant criteria for grant eligibility.
(e) A description of grant objectives or
				eligible projects.
(f) The format
				and content requirements for the proposal.
(g) Other terms and conditions that the
				department determines to be relevant.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 163 - Agricultural Development › Section ATCP 163.03 - Evaluating grant proposals

Current through June 24, 2024
(1) The department
				shall evaluate grant proposals submitted and shall announce its grant awards
				within 90 days after the deadline date specified in the request for grant
				proposals.
(2) In its evaluation
				under sub. (1), the department shall consider all of the following criteria:
(a) Whether the proposal complies with the
				department's request for proposals.
(b) Whether the proposed project will meet
				the grant's objectives as listed in the request for proposal.
(c) The viability of the proposed
				project.
(d) The adequacy of the
				project plan and budget.
(e) The
				financial capacity of the applicant to complete the project as
				proposed.
(f) The qualifications of
				the persons who will carry out the project as proposed.
(g) Whether the grant proposal adequately
				identifies the nature of project expenses to be reimbursed under the proposed
				grant.
(h) The applicant's capacity
				to provide any required matching funds. The matching fund may include grant
				funds from sources other than the department.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 163 - Agricultural Development › Section ATCP 163.04 - Grant contract

Current through June 24, 2024
(1) GENERAL. The department may not
				distribute any grant funds to the recipient until the recipient enters into a
				grant contract with the department. The grant contact takes effect when signed
				by an authorized department official and the grant recipient. A grant contact
				may be signed by an authorized department official after the recipient signs
				the contract.
(2) CONTRACT PERIOD.
				The original term of a contract is two years, but may be extended for up to one
				year upon request. The contract term may extend beyond the state fiscal
				biennium in which funds for the contract are appropriated, provided that the
				department encumbers those contract funds and the contract is signed in that
				biennium.
(3) PROVISIONS. The grant
				contract shall include provisions that do all of the following:
(a) Clearly identify the recipient.
(b) Clearly identify the amount of the
				grant.
(c) Set forth the terms and
				conditions of the grant including all of the following:
1. Actions required of the recipient,
				including contemplated uses of the grant funds.
2. Matching funds, if any, required of the
				recipient.
3. Expected
				deliverables.
4. Payment schedule
				and conditions, including the distribution of funds in multiple payments based
				on documented progress toward completion of the project.
5. Repayment requirements, if any.
6. Documentation, reports, and accounting
				required of the recipient including the frequency and format of the report and
				the performance measures to be included in the
				report.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 163 - Agricultural Development › Section ATCP 163.06 - Public access

Current through June 24, 2024
All grant proposal applications are open to public
				  inspection after the awarding of grants. The department may withhold access to
				  any proposal application or portion of a proposal application containing
				  information qualifying as a trade secret as defined in s.
				  134.90(1) (c),
				  Stats. Applicants shall identify those portions of a proposal application that
				  contain a trade secret and claim the exemption from public inspection at the
				  time of filing a grant proposal application with the
				  department.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.01 - Purpose and scope

Current through June 24, 2024
(1) This chapter is promulgated under the
				authority of ss.
				48.67
				(intro.),
				48.685,
				and 227.11 (2) (a), Stats., to specify procedures necessary to implement
				background checks required under s. 48.685, Stats., for caregivers, congregate
				care workers, and nonclient residents at an entity or with a caregiver
				specified in s. DCF 12.02 (4) (c).
Note:
For further information on the scope of
				  the background check, see s. DCF 12.02 for definitions of terms used in this
				  subsection.
(2) Sections DCF
				12.05 to 12.08 do not apply to an entity that facilitates delegations of the
				care and custody of children under s.
				48.979,
				Stats., unless the entity is also licensed by the department.
The department recommends that an unlicensed entity
					 voluntarily comply with relevant provisions in ss. DCF 12.05, 12.06, and
					 12.08.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Agency" means the department, a county department, or a child-placing
				agency.
(1m) "Background check"
				means the requirements in s.
				48.685,
				Stats.
(2) "Background information
				disclosure" means the form prescribed by the department on which a person
				provides information for purposes of the background check.
Note:
DCF-F-2978-E,
Background
				  Information Disclosure
, is available in the forms section of the
				  department's website at http://dcf.wisconsin.gov or from an agency or
				  entity.
(3) "Bar" means any
				of the following:
(a) A barrier to a person's
				eligibility for regulatory approval, employment, or contract as a caregiver or
				congregate care worker.
(b) A
				barrier to a person's nonclient residency at an entity or with a caregiver
				specified in s. DCF 12.02 (4) (c).
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.03 - Background information disclosure

Current through June 24, 2024
In this chapter:
(1)
				REQUIRED FORM. Each agency and entity shall use and require use of the
				background information disclosure prescribed by the department to be completed
				to obtain information about a person's background from the person as provided
				in s.
				48.685(6),
				Stats.
Note:
DCF-F-2978-E,
Background
				  Information Disclosure
, is available in the forms section of the
				  department's website at http://dcf.wisconsin.gov or from an agency or
				  entity.
(2) TIMELY BID. Each
				agency and entity specified in s. DCF 12.02 (14) (a) to (g) shall require the
				background information disclosure to be completed by each caregiver, congregate
				care worker, and nonclient resident no more than 120 days before the agency or
				entity submits a request for information required under s.
				48.685(2)
				(am) or (b) and (3) (a) or (b),
				Stats.
(3) MAINTAINING
				CONFIDENTIALITY. Each agency and entity shall retain all completed department
				background information disclosures in a manner that ensures prompt retrieval of
				the forms for inspection and shall comply with applicable federal and state
				confidentiality laws.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.04 - Contracting for background checks

Current through June 24, 2024
(1) CONTRACT. An
				entity may enter into a contract with any other entity or with a person,
				temporary employment agency, college, university, or vocational school to
				obtain the information required under s.
				48.685(2),
				(3), or (6), Stats.
(2) DOCUMENTATION.
(a) An entity that enters into a contract
				under sub. (1) shall retain a copy of the agreement.
(b) An entity that enters into a contract
				under sub. (1) shall obtain from the entity, person, temporary employment
				agency, college, university, or vocational school that conducts the search for
				information required under s.
				48.685(2)
				or (3), Stats., all of the following for each
				person who is the subject of a search:
1. A
				copy of the completed background information disclosure if completion of the
				background information disclosure is required under s.
				48.685(6),
				Stats.
2. The results of the search
				required under s.
				48.685(2)
				or (3), Stats.
(c) The entity shall retain the most recent
				documentation received under par. (b) for each caregiver and congregate care
				worker that the entity employs or contracts with, so the documentation may be
				promptly retrieved and reviewed by the agency that regulates the
				entity.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.05 - Obtaining armed forces information

Current through June 24, 2024
(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 agency
				or entity 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.
(2) The agency or entity shall document the
				efforts made to obtain the discharge status of the person.
(3) If the discharge status of the person is
				other than honorable, the agency or entity shall obtain information on the
				nature and circumstances of the discharge.
The information from the armed forces may include relevant
					 military court findings or information relevant to making a determination of
					 whether an applicant is fit and
					 qualified.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.06 - Determining whether other offenses are substantially related

Current through June 24, 2024
(1) CAREGIVERS AND
				CONGREGATE CARE WORKERS. To determine whether a caregiver's or a congregate
				care worker's conviction or delinquency adjudication for an offense that is not
				a serious crime is substantially related to the care of a client or the
				activities of a program for purposes of s.
				48.685(5m),
				Stats., an agency or entity shall consider all of the following:
(a) In relation to the job or caregiving
				role, all of the following:
1. The nature and
				scope of the caregiver's or congregate care worker's client contact.
2. The scope of the discretionary authority
				and independent judgment the caregiver or congregate care worker has to make
				decisions or take actions that affect the care of clients.
3. The opportunity the job or caregiving role
				presents for committing similar crimes.
4. The extent to which acceptable performance
				in the job or caregiving role requires the trust and confidence of clients and
				the parents or guardians of clients.
5. The amount and type of supervision
				received.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.07 - Denial and revocation information

Current through June 24, 2024
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.
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.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.08 - Reporting requirements

Current through June 24, 2024
(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:
(a) The person is the subject of a
				delinquency petition alleging that the person committed a serious
				crime.
(b) The person has been
				adjudicated delinquent for committing any crime.
(c) The person is the subject of a pending
				criminal charge alleging that the person committed a serious crime.
(d) The person has been convicted of any
				crime.
(e) A final substantiated
				finding has been made that the person abused or neglected a child.
(f) A finding that is comparable to a final
				substantiated finding has been made in any other jurisdiction.
(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.
(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.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.09 - Sanctions

Current through June 24, 2024
(1) ENTITY.
(a) An entity that does any of the following
				may be subject to one or more of the sanctions specified in par. (b):
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.
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.
3.
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.
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).
4. Fails to complete and submit
				the background information disclosure to the applicable agency as required
				under s.
				48.685(6),
				Stats.
5. Knowingly gives false
				information on or knowingly omits information from the background information
				disclosure submitted to the applicable agency.
6. Fails to comply with applicable reporting
				requirements under s. DCF 12.08 (1) or (2).
7. Fails to have a policy on reporting
				changes as required in s. DCF 12.08 (3).
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.10 - Rehabilitation reviews by agencies

Current through June 24, 2024
(1) An agency shall
				conduct a rehabilitation review for a person who requests a rehabilitation
				review if the person is eligible under s.
				48.685(5),
				Stats., and s. DCF 12.11 and is any of the following:
(a) A person who has, or is seeking,
				regulatory approval from the agency as a caregiver specified in s. DCF 12.02
				(4) (a).
(b) A person who is, or is
				expected to be, a caregiver specified in s. DCF 12.02 (4) (b) or a congregate
				care worker for an entity that is regulated by the agency.
(c) A person who is, or is expected to be, a
				nonclient resident at an entity that is regulated by the agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.11 - Eligibility to request rehabilitation review

Current through June 24, 2024
A person who is not eligible under s.
				  48.685(4m),
				  Stats., to receive regulatory approval, to be employed as a caregiver or a
				  congregate care worker, to contract with an entity to be a caregiver or a
				  congregate care worker, or to reside at an entity or with a caregiver specified
				  in s. DCF 12.02 (4) (c) may request a rehabilitation review, unless any of the
				  following apply:
(1) The person is not
				permitted to demonstrate rehabilitation for the applicable offense under s.
				48.685(5)
				(bm), Stats.
(2) The person is not permitted to
				demonstrate rehabilitation for the applicable offense under s.
				48.685(5)
				(bm), Stats., during a waiting period that
				has not ended.
Note:
Tables listing barring offenses and the
				  availability of rehabilitation review for each offense are in the applicable
				  program regulatory sections of the department website at
				  http://dcf.wisconsin.gov.
For group homes, residential care centers, child-placing
				  agencies, and shelter facilities, see the child welfare licensing/background
				  checks section of the department website.
For foster homes, adoption home studies, and subsidized
				  guardianship, see the foster care/related statutes and administrative rules
				  section of the department website.
For child care, see the child care regulation/child care
				  licensing or child care certification sections of the department
				  website.
(3) Within the
				preceding 12 months, an agency denied the person's request for rehabilitation
				approval, and the new request is for the same type of regulatory approval, job
				function, or nonclient resident status with the same level of direct contact
				with clients or unsupervised access to clients.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.12 - Applying for rehabilitation review

Current through June 24, 2024
To apply for rehabilitation review, a person who is eligible
				  to request rehabilitation review under s.
				  DCF
				  12.11 shall do all of the following:
(1) Obtain a rehabilitation review
				application on a form prescribed by the department and submit the completed
				application to the applicable agency.
Note:
Form DCF-F-419
Rehabilitation
				  Review Application Instructions
, is available in the forms section of
				  the department website,
http://dcf.wisconsin.gov
.
(2) Submit any supporting documents and
				information required by the rehabilitation review application to the applicable
				agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.13 - Agency rehabilitation review process

Current through June 24, 2024
In this chapter:
(1)
				TIME FRAME. If an application for a rehabilitation review is not complete or
				any supporting documents or information required in the application are not
				submitted within 90 days after the date the application was first received by
				the applicable agency, the request for a rehabilitation review shall be denied,
				unless the person requesting the rehabilitation review provides a good cause
				explanation.
(2) REHABILITATION
				REVIEW PANEL. If a person who is eligible for rehabilitation review under s.
				DCF 12.11 submits an application that is complete under s. DCF 12.12 no later
				than the deadline in sub. (1), the applicable agency shall appoint a review
				panel of at least 2 persons to review the information submitted. The panel may
				request additional information from the person requesting the review or from
				other agencies or persons familiar with the person.
(3) REQUESTER APPEARANCE.
(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.
(b) The person's
				appearance before the review panel may be in person, by telephone, or other
				technology approved by the agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.14 - Appealing a rehabilitation review panel's denial

Current through June 24, 2024
(1)
(a) A person who is denied rehabilitation
				approval may submit a written request for review of the decision under s.
				48.685(5c),
				Stats., within 10 days after the date of the written decision by the
				rehabilitation panel. No new evidence may be submitted.
(b) A person who appeals under this
				subsection shall bear the burden of proving, by a preponderance of the
				evidence, that the rehabilitation review panel for the agency erroneously
				exercised its discretion in deciding that the person did not show sufficient
				evidence to demonstrate that the person is rehabilitated.
Note:
Pursuant to s.
				  48.685(5c),
				  Stats., submit an appeal to the following, as appropriate:
1. To appeal a denial by a rehabilitation
				review panel for the department or a child-placing agency, send the request to
				the Department of Children and Families, Office of Legal Counsel, P.O. Box
				8916, Madison, WI 53708-8916.
2. To
				appeal a denial by a rehabilitation review panel for a county department, send
				the request to the director of the appropriate county department or the
				director's designee.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.15 - Withdrawal of rehabilitation approval

Current through June 24, 2024
(1) COMPLIANCE WITH
				APPROVAL CONDITIONS. A person whose rehabilitation is approved shall comply
				with any conditions and limitations imposed with that approval.
(2) CRITERIA FOR WITHDRAWAL. An agency that
				granted a person a rehabilitation approval may withdraw the rehabilitation
				approval if the person has done any of the following:
(a) The person has failed to comply with or
				abide by any conditions or limitations imposed with the rehabilitation
				approval.
(b) The person knowingly
				submitted false information or withheld pertinent information that could have
				or would have affected the review panel's decision to grant the rehabilitation
				approval.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 12 - Background Checks for Child Welfare Programs › Section DCF 12.16 - Permissive acceptance of a rehabilitation approval

Current through June 24, 2024
In this chapter:
(1)
				SCOPE.
(a) An agency may accept a
				rehabilitation approval granted to a person by another agency if the previous
				rehabilitation approval applies to the same type of entity and the same type of
				approval.
Note:
For example, a county department in County
				  B may accept a rehabilitation approval to be a nonclient resident in a foster
				  home if a county department in County A granted the same type of
				  approval.
(c) An agency that
				accepts a rehabilitation approval granted by another agency shall enforce any
				limitations or conditions that were included in the approval if the conditions
				or limitations imposed by the agency that granted the approval have not been
				terminated or have not expired.
(d)
				A rehabilitation approval granted by a tribe that conducts rehabilitation
				reviews pursuant to a plan approved under s.
				48.685(5d),
				Stats., may not be accepted.
Note:
Rehabilitation approvals granted by a
				  tribe under this chapter may be accepted.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.01 - Purpose and scope

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				  48.67
				  (intro.),
				  48.686,
				  and 227.11 (2) (a), Stats., to specify procedures necessary to implement
				  background checks required under s. 48.686, Stats., for caregivers,
				  noncaregiver employees, and household members at a child care
				  program.
For further information on the scope of the child care
					 background check, see s.
					 DCF 13.02 for
					 definitions of terms used in this
					 section.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Agency" means the department, a certification agency, or a school board that
				establishes or contracts for a child care program under s.
				120.13(14),
				Stats.
(2) "Background check
				request form" means a form prescribed by the department on which a person
				completes required information for purposes of the child care background check.
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.
(3) " Bar" means any of the following:
(a) A barrier to a person's eligibility for
				regulatory approval, employment, or contract as a caregiver.
(b) A barrier to a person's nonclient
				residency at a child care program.
(c) A barrier to a person's eligibility for
				employment or contract as a noncaregiver employee.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.03 - Background check request

Current through June 24, 2024
(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.
(2) FINGERPRINT SEARCHES.
(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.
(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).
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.04 - Obtaining armed forces information

Current through June 24, 2024
(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.
(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.
The information from the armed forces may include military
					 court findings or information relevant to making a background check
					 determination.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.05 - Determining whether other offenses are substantially related

Current through June 24, 2024
(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:
(a) In relation to the person's role at the
				child care program, all of the following:
1.
				The nature and scope of the person's contact with clients.
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.
3. The
				opportunity the role at the child care program presents for committing similar
				crimes.
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.
5. The amount and type of supervision
				received.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.06 - Background check eligibility

Current through June 24, 2024
(1) PRELIMINARY
				ELIGIBILITY.
(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.
(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).
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.07 - Reporting requirements

Current through June 24, 2024
(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:
(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.
(b)
				The person has been adjudicated delinquent on or after his or her 10th birthday
				for committing any crime.
(c) The
				person is the subject of a pending criminal charge alleging that the person
				committed a serious crime.
(d) The
				person has been convicted of any crime.
(e) A final substantiated finding has been
				made that the person abused or neglected a child.
(f) A finding that is comparable to a final
				substantiated finding has been made in any other jurisdiction.
(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.
(h) If a position requires
				a person to hold a credential, as defined in s.
				440.01(2)
				(a), Stats., the person has been denied a
				credential or had a credential restricted or otherwise limited.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.08 - Sanctions

Current through June 24, 2024
(1) CHILD CARE PROGRAM.
(a) A child care program that does any of the
				following may be subject to one or more of the sanctions specified in par. (b)
				by the department or the agency that granted the regulatory approval:
1. Allows a person who has not received
				preliminary determination of eligibility to begin work or reside at the child
				care program in violation of s.
				DCF
				13.06(1).
2. Allows a person who has not received a
				final determination of eligibility to work or reside at a child care program
				without direct supervision in violation of s.
				DCF
				13.06(2).
3. Hires, employs, or contracts with a person
				that the department determined was ineligible to be a caregiver or noncaregiver
				employee in the child care program.
3m. Permits a person that the department
				determined was ineligible to be a household member in the child care
				program.
4. Fails to submit a
				background check request as required under s.
				48.686(2)
				(ab), Stats., and s.
				DCF
				13.03.
5.
				Knows, or should know, that a caregiver, noncaregiver employee, or household
				member at the child care program committed an act barred under s.
				48.686(4m)
				(a) 6, 7., or 8., Stats., including knowingly
				giving false information on or knowingly omitting material information relating
				to the child care background check.
6. Fails to comply with applicable reporting
				requirements under s.
				DCF 13.07(1) or
				(2).
7. Fails to have a policy on reporting
				changes as required in s.
				DCF
				13.07(3).
8. Violates any provision in s.
				48.686,
				Stats., or this chapter regarding caregivers, noncaregiver employees, or
				household members.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.09 - Appeal of background check determinations

Current through June 24, 2024
(1) APPEAL RIGHTS.
(a) The department shall include a statement
				of appeal rights with a notification of ineligibility under s.
				DCF
				13.06(3) to the subject of background
				check.
(b) The subject of a
				department determination under s.
				DCF
				13.06(3) may appeal the determination
				under s.
				48.686(4s),
				Stats. Only the subject of the background check may file the appeal.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.10 - Rehabilitation reviews by agency

Current through June 24, 2024
An agency may conduct a rehabilitation review for a person
				  who requests a rehabilitation review if the person is eligible under s.
				  48.686(5)
				  (a), Stats., and s.
				  DCF
				  13.11 and is any of the following:
(1) A person who has, or is seeking,
				regulatory approval from the agency as a caregiver specified in s.
				DCF 13.02(4)
				(c).
(2) A person who is, or is expected to be, a
				caregiver specified in s.
				DCF 13.02(4) (a) or
				(b) for a child care program that is
				regulated by the agency.
(3) A
				person who is, or is expected to be, a household member at a child care program
				that is regulated by the agency.
(4) A person who is, or is expected to be, a
				noncaregiver employee for a child care program that is regulated by the
				agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.11 - Eligibility for rehabilitation review

Current through June 24, 2024
(1) Except as
				provided under sub. (2), a person may have the opportunity to demonstrate his
				or her rehabilitation if any of the following apply:
(a) Section
				48.686(4m)
				(a) 2, 3., or 4. applies to the
				person.
(b) The person has been
				convicted or adjudicated delinquent of a serious crime as specified under s.
				48.686(1)
				(c) 9, Stats., or for a violation of the law
				of any other state or United States jurisdiction that would be a violation
				listed in s.
				48.686(1)
				(c) 9, Stats., if committed in this state,
				and the person completed his or her sentence, including any probation, parole,
				or extended supervision, or was discharged by the department of corrections,
				more than 5 years before the date of the investigation under s.
				48.686(2)
				(am), Stats.
Note:
A table listing child care serious crimes
				  and availability of rehabilitation review for each offense can be accessed at
https://dcf.wisconsin.gov/files/publications/pdf/5206.pdf
.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.12 - Applying for rehabilitation review

Current through June 24, 2024
To apply for rehabilitation review, a person who is eligible
				  to request rehabilitation review under s. DCF 13.11 shall do all of the
				  following:
(1) Obtain a rehabilitation
				review application on a form prescribed by the department and submit the
				completed application to the agency.
Note:
Form DCF-F-419,
Rehabilitation
				  Review Application Instructions
, is available in the forms section of
				  the department website,
http://dcf.wisconsin.gov
.
(2) Submit any supporting documents and
				information required by the rehabilitation review application to the
				agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.14 - Appealing a rehabilitation review panel's denial

Current through June 24, 2024
(1)
(a) A person who is denied rehabilitation
				approval under s. DCF 13.13 may submit a written request for review of the
				decision by the secretary or the secretary's designee under s.
				48.686(5c),
				Stats. A request for review shall be submitted within 10 days after the date of
				the written decision by the rehabilitation panel. No new evidence may be
				submitted.
(b) A person who appeals
				under this subsection shall bear the burden of proving, by a preponderance of
				the evidence, that the rehabilitation review panel for the agency erroneously
				exercised its discretion in deciding that the person did not show sufficient
				evidence to demonstrate that he or she is rehabilitated.
Note:
Pursuant to s.
				  48.686(5c),
				  Stats., submit an appeal to the following, as appropriate:
1. To appeal a denial by a rehabilitation review panel for
				  the department or a certification agency, send the request to the Department of
				  Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI
				  53708-8916.
2. To appeal a denial by a rehabilitation review panel for
				  the school board, send the request to the State Superintendent of Public
				  Instruction, 125 South Webster Street, Madison, WI 53703; or call (608)
				  266-3390.
3. To appeal a denial by a rehabilitation review panel for a
				  tribe, send the request to the director of the appropriate tribe or the
				  director's designee.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.15 - Compliance with rehabilitation approval; withdrawal

Current through June 24, 2024
(1) COMPLIANCE WITH
				APPROVAL CONDITIONS. A person whose rehabilitation is approved under s.
				DCF
				13.13 shall comply with any conditions and limitations
				imposed with that approval.
(2)
				WITHDRAWAL OF REHABILITATION APPROVAL.
(a) An
				agency that granted a person a rehabilitation approval under s.
				DCF
				13.13 may withdraw the rehabilitation approval if the
				person has done any of the following:
1. The
				person has failed to comply with or abide by any conditions or limitations
				imposed with the rehabilitation approval.
2. The person knowingly submitted false
				information or withheld pertinent information that could have or would have
				affected the review panel's decision to grant the rehabilitation
				approval.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.16 - Permissive acceptance of a rehabilitation approval

Current through June 24, 2024
(1) SCOPE.
(a)
1. An
				agency may accept a rehabilitation approval granted to a person by another
				agency if the previous rehabilitation approval applies to the same type of
				child care program and the same type of approval.
Note:
For example, a certification agency in
				  County B may accept a rehabilitation approval to be a nonclient resident in a
				  certified child care home if a certification agency in County A granted the
				  same type of approval.
2. A
				certification agency may accept a rehabilitation approval granted to a person
				by the department if the previous rehabilitation approval applies to the same
				type of approval for a child care center that is licensed to care for 4 to 8
				children under s.
				48.66,
				Stats.
3. A rehabilitation approval
				granted by a tribe that conducts rehabilitation reviews pursuant to a plan
				approved by the department under s.
				48.686(5d),
				Stats., may not be accepted by another agency.
Note:
A rehabilitation approval granted by a
				  tribe under this chapter may be accepted by another
				  agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.17 - Fees

Current through June 24, 2024
The department may charge a fee for the cost of background
				  checks required under s.
				  48.686,
				  Stats. A child care program shall submit all fees required by the department as
				  directed by the department.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 21 - Re-Entry Into Out-Of-Home Care For Youth 18 Years of Age Or Over, But Under 21 Years Of Age › Section DCF 21.01 - Purpose

Current through June 24, 2024
This chapter provides conditions and procedures for re-entry
				  into out-of-home care for youth under ss.
				  48.366
				  and
				  938.366,
				  Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 21 - Re-Entry Into Out-Of-Home Care For Youth 18 Years of Age Or Over, But Under 21 Years Of Age › Section DCF 21.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Administrative law judge" means an administrative hearing examiner employed by
				the division of hearings and appeals.
(2) "Agency" means a county department of
				social services under s.
				46.22,
				Stats.; a county department of human services under s.
				46.23,
				Stats.; the department; or the department of corrections.
(3) "Aging out" means, except as provided
				under ss.
				48.368
				and
				938.368,
				Stats., a youth is discharged from out-of-home care due to termination of an
				order under s.
				48.355,
				48.357,
				48.365,
				48.427,
				938.355,
				938.357,
				or
				938.365,
				Stats., made before the youth reaches 18 years of age that places or continues
				the placement of the youth in out-of-home care; termination of a voluntary
				transition-to-independent-living agreement; or termination of a voluntary
				placement agreement on the date of any of the following:
(a) The date that the youth reaches 18 years
				of age.
(b) The date that the youth
				is granted a high school or high school equivalency diploma or the date on
				which the child reaches 19 years of age, whichever occurs first, if the youth
				is a full-time student at a secondary school or its vocational or technical
				equivalent and is reasonably expected to complete the program before reaching
				19 years of age.
(c) The date that
				a youth who is 18 years of age or over makes a decision to leave out-of-home
				care and the order is dismissed, the voluntary-transition-to-independent-living
				agreement is terminated, or the voluntary placement agreement is
				terminated.
(d) The date of
				termination of an order under s.
				48.355,
				48.357,
				48.365,
				48.427,
				938.355,
				938.357,
				or
				938.365,
				Stats., that provides for termination one year or less after the date on which
				the order was entered.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 21 - Re-Entry Into Out-Of-Home Care For Youth 18 Years of Age Or Over, But Under 21 Years Of Age › Section DCF 21.03 - Eligibility

Current through June 24, 2024
(1) A youth who was discharged from
				out-of-home care by aging out on or after August 1, 2014, and who did not
				immediately enter a voluntary transition-to-independent-living agreement or by
				termination of a voluntary transition-to-independent-living agreement may be
				eligible to re-enter out-of-home care if all of the following conditions are
				met:
(a) The youth is 18 years of age or over
				but under 21 years of age.
(b) The
				youth is a full-time student at a secondary school or its technical or
				vocational equivalent.
(c) There is
				an individualized education program under s.
				115.787,
				Stats., in effect for the youth.