Section 57.15. Hiring and employment.

 

(1)  In this section a "physician's assistant" has the meaning in s. 448.01 (6) , Stats.

(2)  Before an applicant begins employment, the licensee shall do all of the following:

(a) Conduct and document a caregiver background check pursuant to s. 48.685 , Stats., and ch. DCF 12 , on each applicant.

(b) Obtain favorable references from at least 3 non-relatives, with documentation by letter from the reference or by documentation in the record of verbal contact with a reference. Documentation shall include the date contact was made, the name of the individual conducting the reference, the name of the individual contacted, and a summary of the response.

(c) Upon hire and before working with residents, require each staff member, except relief help to have a tuberculosis test and provide certification from a physician, physician assistant, or a HealthCheck provider that the staff member meets the minimum physical requirements of the position and that the staff member is in general good health.

(d) Make a determination of whether the applicant is fit and qualified.

(e) Nothing in this section requires a licensee to hire an applicant for employment or to retain any staff member.

(3)  The licensee shall require each staff member to complete a background information disclosure form and shall conduct a caregiver background check on each staff member every 4 years or at any time within that period.

(4)  A licensee may not hire or employ a person who has had a group home license revoked or denied within the last 2 years.

CR 04-067 : cr. Register September 2005 No. 597 , eff. 1-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; correction in (2) (a) made under s. 13.92 (4) (b) 7. , Stats., Register September 2016 No. 729 .

Note

DCF-F-2978-E, Background Information Disclosure , is available in the forms section of the department website, http://dcf.wisconsin.gov or by calling or writing any field office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 A HealthCheck form may be obtained by contacting the local public health department. Physical examination report forms can be obtained by contacting the field office listed in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The term "fit and qualified" is defined in s. DCF 57.04 (15) to mean a person who displays the capacity to successfully nurture and care for children and who does not have a history of a civil action or criminal conviction or administrative rule violation that substantially relates to the care of a child, or who exercises unsound judgment or who abuses alcohol or drugs. For help in determining whether a civil action, criminal conviction, or administrative rule violation substantially relates to the care of children, consult s. DHS 12.06 . Microsoft Windows NT 6.1.7601 Service Pack 1