Current through August 26, 2024
(1) WHEN CONDUCTED.
(a)
Mandatory.
1. 'Application.' Within 10 working days
after receiving a complete application as specified under s. DCF 58.08 (1), the
kinship care agency shall begin the background check of the relative caregiver
and any adult residents, prospective adult residents, employees, or prospective
employees under s.
48.57(3p),
Stats., and this section.
2.
'Prospective adult resident or employee.' Within 10 working days after
receiving notice from a relative caregiver of a prospective employee,
prospective adult resident, or new adult resident, the kinship care agency
shall begin the background check of the prospective employee, prospective adult
resident, or adult resident under s.
48.57(3p),
Stats., and this section.
Note: See the definitions of "adult resident"
and "employee" in s. DCF 58.02 (1) and (13).
(b)
Discretionary.
1. At any time that the kinship care agency
considers to be appropriate, an agency may conduct a background check of a
relative caregiver, adult resident, prospective adult resident, employee, or
prospective employee.
2. A kinship
care agency may investigate the background of a relative caregiver, adult
resident, prospective adult resident, employee, or prospective employee at any
time the agency considers to be appropriate without conducting a complete
background check.
Note: The agency is not required to repeat a
fingerprint-based FBI criminal history check for a discretionary background
check.
(2) PROVISIONAL APPROVAL.
(a) The following provisional actions are
allowed if a relative caregiver states to the kinship care agency that none of
the persons who are subject to a background check has any arrests or
convictions that could adversely affect the child or relative caregiver's
ability to care for the child:
1. The kinship
care agency may make kinship care payments or long-term kinship care payments
to the relative caregiver.
2. The
relative caregiver may allow a prospective adult resident to be an adult
resident and may allow a prospective employee to be an employee.
(b) The provisional approval under
par. (a) expires the earlier of the following:
1. When the kinship care agency determines
whether the person who is the subject of the background check meets the
conditions under s.
48.57(3p),
Stats., and this section.
2. Ninety
days after the date on which the provisional approval was granted.
(3) PROVIDE
INFORMATION.
(a) The relative caregiver shall
ensure that each person who is the subject of a background check does all of
the following:
1. Completes the background
information disclosure and written authorization for the kinship care agency to
make follow-up contact with the Wisconsin department of justice and any other
person or organization.
Note: DCF-F-2978-E, Background
Information Disclosure, is available in the forms section of the
department website at https://dcf.wisconsin.gov.
2. Provides information on the person's
places of residence during the preceding 5-year period.
(b) The relative caregiver shall submit the
information under par. (a) to the kinship care agency.
(c) A person who is the subject of a
background check shall submit a complete set of the person's fingerprints in a
technology approved by the Wisconsin department of justice or other law
enforcement agency if any of the following conditions is met:
1. The person is not a resident of this
state.
2. The person has resided
outside the state at any time within the preceding 5 years.
3. The kinship care agency determines that
the person's employment, licensing, or state court records provide a reasonable
basis for further investigation.
(4) CONDUCT BACKGROUND CHECK.
(a) The kinship care agency shall obtain
information on a person who is the subject of a background check by doing all
of the following:
1. Requesting a search of
the criminal history records maintained by the department of justice.
2. Submitting the person's fingerprints to
the department of justice for submission to the federal bureau of investigation
if any of the conditions under sub. (3) (c) is met.
(b) When the kinship care agency is
conducting a background check of a relative caregiver, the agency shall conduct
a reverse search of the Wisconsin sex offender registry using the relative
caregiver's address to determine if a person residing at that address has
committed a sex offense that is specified in s.
48.57(3p) (g), Stats.
Note: A reverse search of the sex offender
registry by address can be done by entering the relative caregiver's address at
https://doc.wi.gov/community-resources/offender-registry.
The Wisconsin Sex Offender Registry does not contain information on all
convicted sex offenders.
(5) FURTHER INVESTIGATION. If a relative
caregiver is applying for or receiving kinship care payments, the kinship care
agency shall investigate further if the criminal history records of the person
who is the subject of the background check indicate any of the following:
(a) If the criminal history records indicate
a charge of a crime specified in s.
48.57(3p) (g), Stats., or comparable law in another
jurisdiction, but do not completely and clearly indicate the final disposition
of the charge, the kinship care 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.
48.57(3p) (g), Stats., or comparable law in another
jurisdiction, but the criminal history records 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, the background information disclosure,
or any other information indicate a conviction for 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 jurisdiction, not more than 5 years before the
kinship care 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 https://www.wicourts.gov/contact/docs/clerks.pdf.
(6) KINSHIP CARE BARRED OFFENSES.
(a) A kinship care agency may not make
kinship care payments to a relative caregiver if the relative caregiver or an
employee or adult resident has been convicted of a crime or has had a penalty
imposed that is specified in s.
48.57(3p) (g), Stats., unless a director's review under
s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s.
48.57(3m) (g), Stats., determines that there are no
arrests, convictions, or penalties that are likely to adversely affect the
child or the relative caregiver's ability to care for the child.
(b) A relative caregiver may not employ a
person or permit a person to reside in the relative caregiver's home if the
person has been convicted of a crime or has had a penalty imposed that is
specified in s.
48.57(3p) (g), Stats., unless a director's review under
s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s.
48.57(3m) (g), Stats., determines that there are no
arrests, convictions, or penalties that are likely to adversely affect the
child or the relative caregivers ability to care for the child.
Note: A list of the criminal convictions and
penalties that are barred offenses for kinship care under s.
48.57(3p) (g), Stats., is available on the department's
website at
https://dcf.wisconsin.gov/files/cwportal/kc/kc-barredcrimes.pdf.
(7) LONG-TERM KINSHIP CARE
STANDARD.
(a) A kinship care agency may not
make long-term kinship care payments to a relative caregiver if the director
determines that the relative caregiver or an employee or adult resident of the
relative caregiver has an arrest or conviction that is likely to adversely
affect the child or the relative caregiver's ability to care for the child,
unless the director's decision is overturned by the division of hearings and
appeals under s.
48.57(3n) (g), Stats.
(b) A relative caregiver may not employ a
person or permit a person to reside in the relative caregiver's home if the
director determines that the person has an arrest or conviction that is likely
to adversely affect the child or the relative caregiver's ability to care for
the child, unless the director's decision is overturned by the division of
hearings and appeals under s.
48.57(3n) (g), Stats.
The kinship care agency may need to obtain a copy of the
criminal complaint from the clerk of court to determine whether the
circumstances of the crimes or the reason for the penalties could adversely
affect the child or the relative caregiver's ability to care for the child. A
list of Wisconsin county clerks of court is available at
https://www.wicourts.gov/contact/docs/clerks.pdf.
