Current through February 26, 2024
(1) PROVIDE INFORMATION.
(a) Before an agency provides subsidized
guardianship payments to an interim caretaker seeking payments under s. DCF
55.12 or determines that a prospective successor guardian is eligible to enter
into a subsidized guardianship agreement, the interim caretaker or prospective
successor guardian and any nonclient resident in the interim caretaker's or
prospective successor guardian's home shall do all of the following:
1. Complete and submit to the agency the
department's background information disclosure form 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 interim caretaker is not eligible to receive
subsidized guardianship payments under s. DCF 55.12 or the prospective
successor guardian is not eligible to enter into a subsidized guardianship
agreement.
Note: DCF-F-2978-E, Background
Information Disclosure, is available in the forms section of the
department website, https://dcf.wisconsin.gov, or by writing to the Division of
Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.
2. Provide the agency with information on
their places of residence during the 5-year period before the interim caretaker
is seeking subsidized guardianship payments under s. DCF 55.12 or the
prospective successor guardian is seeking to enter into a subsidized
guardianship agreement.
(b) Before an agency provides subsidized
guardianship payments to an interim caretaker seeking payments under s. DCF
55.12 or enters into a subsidized guardianship agreement with a prospective
successor guardian, the interim caretaker or prospective successor guardian
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. After the
agency receives the information under sub. (1) and before the agency provides
subsidized guardianship payments to an interim caretaker or enters into a
subsidized guardianship agreement with a prospective successor guardian, the
agency shall do all of the following:
(a) The
agency shall obtain the information required under s.
48.685(2)
(am), Stats., regarding the interim caretaker
or prospective successor guardian and any nonclient resident in the interim
caretaker's or prospective successor guardian's home.
Note: Information on how to conduct an initial
search of some of the required Wisconsin records is at
https://recordcheck.doj.wi.gov. 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.
(b) The agency
shall submit the fingerprints of the interim caretaker or prospective successor
guardian 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) The agency shall conduct a reverse search
of the Wisconsin sex offender registry using the interim caretaker's or
prospective successor guardian's address.
Note: A reverse search by address can be done by
entering the interim caretaker's or prospective successor guardian'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.
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.
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.
(d) If the agency
is informed that a nonclient resident in the interim caretaker's or prospective
successor guardian's home resided outside the state of Wisconsin at any time
during the 5-year period before the search, the agency shall obtain a criminal
history records search from any state in which the person is or was a
resident.
(e) The agency shall
obtain information on any child abuse and neglect findings during the 5-year
period before the search, as follows:
1. If
the agency is informed that the interim caretaker or prospective successor
guardian or a nonclient resident in the interim caretaker's or prospective
successor guardian'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 on any child abuse or neglect report or
finding.
2. If the agency is
informed that the interim caretaker or prospective successor guardian or a
nonclient resident in the interim caretaker's or prospective successor
guardian'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 information on any child
abuse or neglect report or finding.
(f) If the agency is informed that the
interim caretaker or prospective successor guardian or a nonclient resident in
the interim caretaker's or prospective successor guardian'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 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
another state, but do not completely and clearly indicate the final disposition
of the charge, the agency shall make every reasonable effort to contact the
clerk of courts 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
another state, 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 clerk of courts 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 another state, not more than 5 years before the agency
obtained the information, the agency shall make every reasonable effort to
contact the clerk of courts to obtain a copy of the criminal complaint and
judgment of conviction relating to that violation.
Note: 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.
(4) OFFENSES THAT ARE A BAR. Unless the
person has demonstrated that the person has been rehabilitated under s.
48.685(5)
or (5c), Stats., and ch. DCF 12, an agency
may not provide subsidized guardianship payments to an interim caretaker or
determine that a prospective successor guardian is eligible to enter into a
subsidized guardianship agreement if any of the following apply regarding the
interim caretaker or prospective successor guardian or a nonclient resident in
the interim caretaker's or prospective successor guardian's home:
(a) The person has been convicted of a crime
specified in s.
48.685(1)
(c), Stats., or is the subject of a pending
criminal charge alleging that the person committed a crime specified in s.
48.685(1)
(c), Stats.
Note: A table that lists applicable crimes is
available on the department website, https://dcf.wisconsin.gov, in the child
welfare licensing/background checks section. The applicable crimes for
subsidized guardianship payments are the same as the applicable crimes for
foster care.
(b) The person
has been adjudicated delinquent for committing a crime specified in s.
48.685(1)
(c), Stats., or is the subject of a
delinquency petition alleging that the person committed a crime specified in s.
48.685(1)
(c), Stats.
(c) A governmental body has made a finding
that the person has abused or neglected any client or misappropriated the
property of any client.
(d) A final
substantiated finding has been made that the person abused or neglected a
child.
(e) A finding that is
comparable to a final substantiated finding has been made in any other
jurisdiction.
(5)
DENIALS. The agency shall provide the department with information about each
person who is denied monthly subsidized guardianship payments or permission to
reside in the home of an interim caretaker or prospective successor guardian
for a reason specified in sub. (4).
Agencies with direct access to eWiSACWIS, the child welfare
automation system, enter the information directly 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.
