Section 12.02. Definitions.

  In this chapter:

(1)  "Agency" means the department, a county department, a certification agency, a child-placing agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14) , Stats.

(2)  "Background information disclosure" means the form prescribed by the department on which a person provides information for purposes of the caregiver background check.

(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 an entity or with a caregiver specified in s. DCF 12.02 (4) (c) .

(4)  "Caregiver" means any of the persons specified in s. 48.685 (1) (ag) , Stats., and any of the following:

(a) A person who has, or is seeking, regulatory approval.

(b) A person who is, or is expected to be, an employee, a temporary employee, a student participating in a clinical or practicum at an entity as part of his or her curriculum, or a contractor of an entity if all of the following apply:

1. The person is, or is expected to be, under the control of the entity.

2. The person has, or is expected to have, regular, direct contact with clients of the entity.

(c) A person to whom delegation of the care and custody of a child under s. 48.979 , Stats., has been, or is expected to be, facilitated by an entity.

(5)  "Caregiver background check" means the requirements in s. 48.685 , Stats.

(6)  "Certification agency" means the department in a county having a population of 750,000 or more or any county, person, or tribe that has a contract with the department to certify child care providers under s. 48.651 (2) , Stats., in a particular county or tribal area.

(7)  "Child-placing agency" means a person that is licensed under ch. DCF 54 .

(8)  "Client" means a person who receives direct care or treatment services from an entity or from a caregiver specified in s. DCF 12.02 (4) (c) . "Client" includes all of the following:

(a) An adopted child for whom adoption assistance payments are being made under s. 48.975 , Stats.

(b) A child for whom subsidized guardianship payments are being made under s. 48.623 , Stats.

(c) A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a) from an agency, is no longer placed in out-of-home care, and is residing in the foster home in which he or she was previously placed.

(9)  "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract. "Contractor" includes a person who has staff privileges at the entity and a person to whom delegation of the care and custody of a child under s. 48.979 , Stats., has been facilitated by the entity.

(10)  "County department" means a county department of social services established under s. 46.22 , Stats., or a county department of human services established under s. 46.23 , Stats.

(11)  "Department" means the department of children and families.

(12)  "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.

(13)  "Division of hearings and appeals" means the division of hearings and appeals within the department of administration.

(14)  "Entity" means any of the following:

(a) A residential care center for children and youth that is required to be licensed as a child welfare agency under s. 48.60 , Stats., and is licensed under ch. DCF 52 to provide care and maintenance for children and youth in its physical or legal custody.

(b) A child-placing agency.

(c) A foster home.

(d) An interim caretaker who receives subsidized guardianship payments under s. 48.623 (6) (am) , Stats., and s. DCF 55.12 .

(e) A person who meets all of the following conditions:

1. The person is seeking payments under s. 48.623 (6) (bm) , Stats.

2. The person has entered into a subsidized guardianship agreement under s. 48.623 (2) , Stats., following the death or incapacity of a guardian who had named the person as a prospective successor guardian.

3. The person has not been appointed as a successor guardian by a court under s. 48.977 (5m) , Stats.

(f) A group home that is required to be licensed under s. 48.625 , Stats., and is licensed under ch. DCF 57 .

(g) A shelter care facility licensed under s. 938.22 , Stats., and ch. DCF 59 .

(h) A child care center that is licensed under s. 48.66 , Stats.

(i) A child care provider that is certified under s. 48.651 , Stats.

(j) A child care program established or contracted for under s. 120.13 (14) , Stats.

(k) A temporary employment agency that provides caregivers to another entity.

(L) An organization that facilitates delegations of the care and custody of children under s. 48.979 , Stats., except as provided in s. DCF 12.01 (2) .

(m) Any other entity included in s. 48.685 (1) (b) , Stats.

(15)  "Final substantiated finding" means all of the following:

(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m. , Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4. , 2011 Stats., if the determination has not been reversed or modified on appeal.

(16)  "Foster home" means a facility operated by a person who is required to be licensed under s. 48.62 , Stats., and is licensed under ch. DCF 56 , including a home operated by a person seeking adoption assistance under s. 48.975 , Stats., and a home operated by a person seeking subsidized guardianship payments under s. 48.623 , Stats.

(17)  "Home study" means an assessment to determine whether an applicant is fit and qualified to care for a child and whether the physical environment of the applicant's home is safe and healthy for all occupants.

(18)  "Nonclient resident" means a person who meets all of the following criteria:

(a) The person is 12 years of age or over.

(b) The person resides, or is expected to reside, at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) .

(c) The person is not a client of the entity or of the caregiver specified in s. DCF 12.02 (4) (c) .

(d) The person has, or is expected to have, regular, direct contact with clients of the entity or of the caregiver specified in s. DCF 12.02 (4) (c) .

(19)  "Person" has the meaning specified in s. 990.01 (26) , Stats.

(20)  "Regular, direct contact with clients" means contact that is scheduled, planned, expected, or otherwise a result of the person's role or relationship with the client.

(21)  "Regulatory approval" means any of the following:

(a) Issuance, continuation, or renewal of a license by the department under s. 48.66 , Stats.

(b) Issuance or renewal of a license to operate a foster home by the department, a county department, or a child-placing agency under s. 48.75 , Stats.

(c) Issuance or renewal of certification by a certification agency under s. 48.651 , Stats.

(d) Approval of the person subject to the caregiver background check for a child care program to be established or contracted for by a school board under s. 120.13 (14) , Stats.

(e) Approval of a person to be an interim caretaker who receives subsidized guardianship payments under s. 48.623 (6) (am) , Stats., and s. DCF 55.12 .

(f) Approval of a person who is seeking to be a successor guardian and to receive subsidized guardianship payments under s. 48.623 (6) (bm) , Stats.

(g) Approval of pre-adoptive applicants for a home study for the purpose of adopting a child.

(h) Approval of a home study by the department, a county department, a child-placing agency, or a tribe for a person seeking adoption assistance under s. 48.975 , Stats.

(22)  "Rehabilitation review" means an agency process under which a person who has a bar may seek approval for any of the following:

(a) Regulatory approval.

(b) Employment or contract with an entity to be a caregiver for the entity.

(c) Residency at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) .

(23)  "School board" means the board that has the powers specified in s. 120.13 , Stats., for the schools of a school district.

(24)  "Serious crime" means the offenses specified in s. 48.685 (1) (c) , Stats., and all of the following:

(a) The offenses specified in s. 48.685 (5) (bm) , Stats., if any of the following apply:

1. The affected entity is a foster home.

2. The affected person is an interim caretaker who is receiving, or is seeking, subsidized guardianship payments under s. 48.623 (6) (am) , Stats., and s. DCF 55.12 .

3. The affected person is seeking payment under s. 48.623 (6) (bm) , Stats.

4. The subject of the background check is seeking regulatory approval of a home study under sub. (21) (g) or (h) or is a nonclient resident of a person seeking regulatory approval of a home study.

(b) For entities and approvals specified in par. (a) 1. , 2. , and 3. , "serious crime" includes the offenses specified in s. 48.685 (5) (bm) 4. , Stats., after the waiting period for eligibility to demonstrate rehabilitation, unless the person has demonstrated rehabilitation under s. DCF 12.13 or 12.14 . This paragraph applies to all of the following:

1. A person seeking regulatory approval to be a caregiver specified in s. DCF 12.02 (4) (a) on or after July 1, 2016 if the regulatory approval is not a continuation or renewal of an approval the person has on July 1, 2016.

2. A person seeking employment or a contract to be a caregiver specified in s. DCF 12.02 (4) (b) with an entity on or after July 1, 2016 if the person is not employed or contracted as a caregiver with that same entity on July 1, 2016.

3. A person seeking nonclient residency at an entity if the person is not a nonclient resident at that entity on July 1, 2016.

(c) For a child care center that is licensed under s. 48.66 , Stats.; a child care provider that is certified under s. 48.651 , Stats.; and a child care program established or contracted for under s. 120.13 (14) , Stats., "serious crime" includes the offenses specified in s. 48.685 (5) (br) 6. and 7. , Stats., after the waiting period for eligibility to demonstrate rehabilitation, unless a person has demonstrated rehabilitation under s. DCF 12.13 or 12.14 . This paragraph applies to the persons specified in par. (b) 1. , 2. , and 3.

(25)  "Tribe" means a federally-recognized American Indian tribe or band in this state.

(26)  "Under the control of the entity" means that an entity does all of the following:

(a) Determines whether a person who is employed by or under express or implied contract with the entity and who has regular, direct contact with clients served by the entity may provide care, treatment, or other similar support service functions to clients.

(b) Directs or oversees one or more of the following:

1. The policies or procedures the person must follow in performing his or her duties.

2. The conditions under which the person performs his or her duties.

3. The tasks the person performs.

4. The person's work schedule.

5. The supervision or evaluation of the person's work or job performance, including imposing discipline and rewarding performance.

6. The compensation the person may receive for performing his or her duties.

CR 16-014 : cr. Register June 2016 No. 726 , eff. 7-1-16.

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. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 48.685 (1) (ag) 2. , Stats., provides that "caregiver" does not include an emergency medical technician or a first responder. Microsoft Windows NT 6.1.7601 Service Pack 1 A child-placing agency is an entity and may also be an agency. A tribe may be licensed as a child-placing agency under ch. DCF 54 or may provide similar services under tribal law. Microsoft Windows NT 6.1.7601 Service Pack 1 Most types of "clients" are not specified in this definition because the phrase "a person who receives direct care or treatment services from an entity" clearly applies to them. For further information, see the definition of "entity" in s. DCF 12.02 (14) . Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 48.57 (3p) , Stats., for information on background checks required for kinship care. Microsoft Windows NT 6.1.7601 Service Pack 1 The date in a statutory citation means that was the last edition of the statutes in which that provision appears. Microsoft Windows NT 6.1.7601 Service Pack 1 Examples of "nonclient residents" include household members in foster homes, family child care centers, and certified child care homes. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 990.01 (26) , Stats., provides that "person" includes all partnerships, associations and bodies politic or corporate. Microsoft Windows NT 6.1.7601 Service Pack 1 Tables that list serious crimes applicable to each program are available in the program regulatory sections of the department website at http://dcf.wisconsin.gov . Microsoft Windows NT 6.1.7601 Service Pack 1 For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website. Microsoft Windows NT 6.1.7601 Service Pack 1 For foster homes, adoption home studies, adoption assistance, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website. Microsoft Windows NT 6.1.7601 Service Pack 1 For child care, see the child care regulation/child care licensing or child care certification sections of the department website. Microsoft Windows NT 6.1.7601 Service Pack 1