Wisconsin Administrative Code › Department of Children and Families › DCF 1-20 - General › Chapter DCF 13 - Background Checks For Child Care Programs › Section DCF 13.13 - Agency rehabilitation review process

Current through June 24, 2024
(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 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
				13.11 submits an application that is complete under s.
				DCF
				13.12 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) REQUESTOR
				APPEARANCE. 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. The person's
				appearance before the review panel may be in person, by telephone, or other
				technology approved by the agency.
(4) REHABILITATION REVIEW PANEL. After
				reviewing the information obtained, a review panel appointed under sub. (2)
				shall decide whether the person who is the subject of the rehabilitation review
				has demonstrated by clear and convincing evidence that he or she is
				rehabilitated for purposes of receiving regulatory approval, employment as a
				caregiver or noncaregiver employee, contracting with a child care program to be
				a caregiver or noncaregiver employee, or residing at a child care program. The
				panel shall consider at least the following factors, as applicable:
(a) Personal references and comments from
				employers, persons, and agencies familiar with the applicant and statements
				from therapists, counselors, and other professionals.
(b) Evidence of successful adjustment to,
				compliance with, or proof of successful completion of parole, extended
				supervision, probation, incarceration, or work release privileges.
(c) Any investigations or enforcement actions
				by a regulatory agency for substantial noncompliance with applicable
				laws.
(d) Any subsequent contacts
				with law enforcement agencies, including arrests, charges, convictions, pending
				criminal or civil arrest warrants, civil judgments, or other legal enforcement
				actions or injunctions against the person.
(e) Any aggravating or mitigating
				circumstances surrounding the barring crime, act, or offense.
(f) Evidence of rehabilitation, such as
				public or community service, volunteer work, recognition by other public or
				private authorities for accomplishments or efforts or attempts at restitution,
				and demonstrated ability to develop positive social interaction and increased
				independence or autonomy of daily living.
(g) The age of the person at the time of the
				offense and the amount of time between the crime, act, or offense and the
				request for rehabilitation review.
(h) Whether the person is on the sexual
				offender registry under s.
				301.45,
				Stats., or on a similar registry in another jurisdiction.
(i) A victim's impact statement, if
				appropriate.
(j) The person's
				employment history, including evidence of acceptable performance or competency
				and dedication to the person's profession.
(k) The nature and scope of the person's
				contact with clients in the position requested.
(L) The degree to which the person would be
				directly supervised or working independently in the position
				requested.
(m) The opportunity
				presented for someone in the position to commit similar offenses.
(n) The number, type, and pattern of offenses
				committed by the person.
(o)
				Successful participation in or completion of recommended rehabilitation,
				treatment, or programs.
(p) Unmet
				treatment needs.
(q) The person's
				veracity.