Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.115 - Personal care services, disclosure of convictions

Current through June 24, 2024
Pursuant to s.
					 50.065(2m)
					 (d), Stats., Table DHS 12.115 lists the
					 crimes for which an entity must disclose to a client or the client's guardian
					 under s.
					 50.065(2m)
					 (a) 1, Stats., a conviction of a caregiver,
					 other than a substitute caregiver, who provides personal care services to a
					 client in the client's residence. For the purposes of s.
					 50.065(2m)
					 (a) 4. and (b), Stats., `substitute
					 caregiver' has the meaning given in s .DHS12.03(20m)
TABLE DHS 12.115
Wisconsin Statutes
Crime
940.19 (3), 1999 Stats.
Battery
940.01
First-degree intentional homicide
940.02
First-degree reckless homicide
940.03
Felony murder
940.05
Second-degree intentional homicide
940.12
Assisting suicide
940.19 (2), (4), (5) or (6)
Battery (felony)
940.22 (2) or (3)
Sexual exploitation by therapist; duty to
								  report
940.225 (1), (2) or (3)
1st, 2nd or 3rd degree sexual assault
940.285 (2)
Abuse of individuals at risk
940.29
Abuse of residents of penal facilities
940.295
Abuse or neglect of patients and residents
943.20
Theft
943.201
Unauthorized use of an individual's personal
								  identifying information or documents
943.203
Unauthorized use of an entity's identifying
								  information or documents
943.32
Robbery
943.38
Forgery
943.41
Financial transaction card crimes
948.02 (1) or (2)
1st or 2nd degree sexual assault of a
								  child
948.025
Engaging in repeated acts of sexual assault of
								  the same child
948.03 (2) (a), (b) or (c)
Physical abuse of a child
948.05
Sexual exploitation of a child
948.051
Trafficking of a child
948.055
Causing a child to view or listen to sexual
								  activity
948.06
Incest with a child
948.07
Child enticement
948.08
Soliciting a child for prostitution
948.085
Sexual assault of a child placed in substitute
								  care
948.11 (2) (a) or (am)
Exposing a child to harmful material or harmful
								  descriptions or narrations
948.12
Possession of child pornography
948.13
Child sex offender working with children
948.21 (1)
Neglecting a child
948.30
Abduction of another's child; constructive
								  custody
948.53
Child unattended in child care vehicle
961.41 (1)
Manufacture, distribution or delivery of a
								  controlled substance or a controlled substance analog
961.41 (1m)
Possession with intent to manufacture, distribute
								  or deliver a controlled substance or a controlled substance analog
961.41 (3g)
Possession or attempt to possess a controlled
								  substance or a controlled substance analog
Only if the date of conviction is within 5 or
								  fewer years from the date the results of the criminal background check are
								  obtained by the entity.
961.43 (1) (a)
Acquire or obtain possession of a controlled
								  substance by misrepresentation, fraud, forgery, deception or subterfuge
961.43 (1) (b)
To make, distribute or possess material designed
								  to reproduce the trademark upon any drug or container or label so as to make a
								  counterfeit substance or to duplicate the physical appearance, form, package or
								  label of a controlled substance