Section 56.055. Background checks.

 

(1)   Provide information.

(a) Before a foster home license is issued or renewed, the applicant and any nonclient resident in the home shall each do all of the following:

1. Complete and submit to the agency the department's background information disclosure and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the applicant should not be granted a license or have an existing license renewed.

2. Provide the agency with information on each person's places of residence during the 5-year period before submission of the license application.

(b) Before an initial foster home license is issued or a license is renewed after a break in licensure, the applicant shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1. , Stats.

(2)   Conduct background check. The agency shall do all of the following:

(a) Obtain the information required under s. 48.685 (2) (am) , Stats., regarding the applicant and any nonclient resident in the applicant's home.

(b) Submit the fingerprints of the applicant under sub. (1) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1. , Stats.

(c) Conduct a reverse search of the Wisconsin sex offender registry using the applicant's address.

(d) Obtain a criminal history records search from any other jurisdiction in which the person is or was a resident if the agency is informed that a nonclient resident in the applicant's home resided outside the state of Wisconsin at any time during the 3-year period before the search.

(e) Obtain information on child abuse or neglect reports or findings during the 5-year period before the search, as follows:

1. If the agency is informed that the applicant or a nonclient resident in the applicant's home resided in the state of Wisconsin at any time during the 5-year period before the search, the agency shall contact each county in Wisconsin in which the person is a resident or was a resident during those 5 years for information regarding any child abuse or neglect reports or findings.

2. If the agency is informed that the applicant or a nonclient resident in the applicant's home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall check any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for any child abuse reports or findings.

(f) If the agency is informed that the applicant or a nonclient resident in the applicant's home served in a branch of the U.S. armed forces, including any reserve component, the agency shall make every reasonable effort to obtain information on the discharge status of the person. This information may be obtained from the discharge papers or from the armed forces branch in which the person served. If the discharge status is other than honorable, the agency shall obtain information on the nature and circumstances of the discharge.

(3)   Follow up. Follow-up investigation may be required and may include any of the following:

(a) If the results of the criminal history records search under sub. (2) (a) , (b) , or (d) indicate a charge of a crime specified in s. 48.685 (1) (c) or (5) (bm) , Stats., or comparable law in any other jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the agency shall make every reasonable effort to contact the appropriate clerk of court to determine the final disposition of the charge.

(b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.685 (1) (c) or (5) (bm) , Stats., or comparable law in any other jurisdiction, but the results of the criminal history records search under sub. (2) (a) , (b) , or (d) do not include the charge or conviction, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and the final disposition of the complaint.

(c) If the results of the criminal history records search under sub. (2) (a) , (b) , or (d) ; the background information disclosure; or any other information indicate that the person was convicted of a violation of s. 940.19 (1) , 940.195 , 940.20 , 941.30 , 942.08 , 947.01 (1) , or 947.013 , Stats., or comparable law in any other jurisdiction, not more than 5 years before the agency obtained the information, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

(4)   Offenses that are a bar. Unless the person has demonstrated that he or she has been rehabilitated under s. 48.685 (5) or (5c) , Stats., and ch. DCF 12 , an applicant or licensee is unqualified to hold a license if the applicant or a nonclient resident in the foster home meets any of the following conditions:

(a) The person has been convicted of a crime specified in s. 48.685 (1) (c) or (5) (bm) , Stats., or a violation of the law of any other jurisdiction that would be a violation of s. 48.685 (1) (c) or (5) (bm) , Stats., if committed in Wisconsin.

(b) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

(c) A final substantiated finding has been made that the person abused or neglected a child.

(d) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

(5)   Denials or revocation. The agency shall provide the department with information about each person who is denied a license or has a license revoked for a reason specified in sub. (4) .

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 website, http://dcf.wisconsin.gov , or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on how to conduct an initial search of some of the required Wisconsin records is at http://wi-recordcheck.org/ . Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required. Microsoft Windows NT 6.1.7601 Service Pack 1 A reverse search by address can be done by entering applicant's address at http://doc.wi.gov/community-resources/offender-registry . The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders. Microsoft Windows NT 6.1.7601 Service Pack 1 The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry. Microsoft Windows NT 6.1.7601 Service Pack 1 The information from the armed forces may include military court findings or other information that is relevant to making a determination of whether an applicant is fit and qualified. Microsoft Windows NT 6.1.7601 Service Pack 1 A list of Wisconsin county clerks of court is available at http://www.wicourts.gov/contact/docs/clerks.pdf . An investigation and determination regarding whether the circumstances of the convictions for the crimes specified in par. (c) are substantially related to the care of children under s. 48.685 (5m) , Stats., is required. The specified crimes are misdemeanor battery, battery to an unborn child, battery-special circumstances, reckless endangerment, invasion of privacy, disorderly conduct, and harassment. Microsoft Windows NT 6.1.7601 Service Pack 1 A table that lists applicable crimes is available on the department website, http://dcf.wisconsin.gov , in the foster care/related statutes and administrative rules section. Microsoft Windows NT 6.1.7601 Service Pack 1 Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information into the system. 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. Microsoft Windows NT 6.1.7601 Service Pack 1