(1) CAREGIVERS AND
CONGREGATE CARE WORKERS. To determine whether a caregiver's or a congregate
care worker's conviction or delinquency adjudication for an offense that is not
a serious crime is substantially related to the care of a client or the
activities of a program for purposes of s.
48.685(5m),
Stats., an agency or entity shall consider all of the following:
(a) In relation to the job or caregiving
role, all of the following:
1. The nature and
scope of the caregiver's or congregate care worker's client contact.
2. The scope of the discretionary authority
and independent judgment the caregiver or congregate care worker has to make
decisions or take actions that affect the care of clients.
3. The opportunity the job or caregiving role
presents for committing similar crimes.
4. The extent to which acceptable performance
in the job or caregiving role requires the trust and confidence of clients and
the parents or guardians of clients.
5. The amount and type of supervision
received.
(b) In relation
to the criminal conviction or delinquency adjudication, all of the following:
1. Whether intent is an element of the
crime.
2. Whether the elements or
circumstances of the crime are related to the job or caregiving
duties.
3. Any pattern of criminal
convictions or delinquency adjudications
4. The extent to which the crime relates to
clients or other vulnerable persons
5. Whether the crime involves violence or a
threat of harm
6. Whether the crime
is of a sexual nature
(c)
In relation to the person, all of the following:
1. The number and type of crimes for which
the person has been convicted or adjudicated delinquent.
2. The length of time between the conviction
or delinquency adjudication and the decision affecting regulatory approval,
employment, or contract.
3. The
person's employment history, including references, if available.
4. The person's participation in or
completion of pertinent programs of a rehabilitative nature.
5. The person's probation, extended
supervision, or parole status.
6.
The person's ability to perform or to continue to perform the job or caregiving
role consistent with the safe and efficient operation of the program and the
confidence of clients and the parents or guardians of clients.
7. The age of the person on the date the
crime was committed.
(2) NONCLIENT RESIDENTS. To determine whether
a nonclient resident's criminal conviction or delinquency adjudication for an
offense that is not a serious crime is substantially related to a nonclient
resident's access to clients or the activities of a program for purposes of s.
48.685(5m),
Stats., an agency shall consider all of the following:
(a) In relation to nonclient residency, all
of the following:
1. The nature and scope of
the nonclient resident's contact with clients or activities of the
program.
2. The opportunity
nonclient residency presents for committing similar crimes.
3. The amount and type of supervision of the
nonclient resident.
(b)
In relation to the criminal conviction or delinquency adjudication, all of the
following:
1. Whether intent is an element of
the crime.
2. Whether the elements
or circumstances of the crime involve access to clients or activities of the
program.
3. Any pattern of criminal
convictions or delinquency adjudications.
4. The extent to which the crime relates to
clients or other vulnerable persons.
5. Whether the crime involves violence or a
threat of harm.
6. Whether the
crime is of a sexual nature.
(c) In relation to the person, all of the
following:
1. The number and type of crimes
for which the person has been convicted or adjudicated delinquent.
2. The length of time between the conviction
or delinquency adjudication and the determination affecting nonclient
residency.
3. The person's
participation in or completion of pertinent programs of a rehabilitative
nature.
4. The person's probation,
extended supervision, or parole status.
5. The age of the person on the date the
crime was committed.
(3) DOCUMENTATION.
(a) An agency shall document how it reached
the determination under sub. (1) that the criminal conviction or delinquency
adjudication of a caregiver under s.
DCF 12.02 (4)
(a) is or is not substantially related to
care of a client or activities of the program.
(b) An agency shall document how it reached
the determination under sub. (2) that the criminal conviction or delinquency
adjudication of a nonclient resident is or is not substantially related to
access to clients or activities of a program.
(c) An entity shall document how it reached a
determination under sub. (1) that a criminal conviction or delinquency
adjudication of a caregiver specified in s.
DCF 12.02 (4)
(b) is or is not substantially related to the
care of a client or activities of a program.
Note: Form DCF-F-CFS2261-E, Background
Checks Substantially Related Investigation Report, is available, but
is optional, for documentation of the determination as required in sub. (3). If
a home study is required for foster care licensure, subsidized guardianship, or
adoption approval, county departments and child-placing agencies must include
documentation of the determination in the home study.
An agency or entity is required to determine whether a
criminal conviction or delinquency adjudication for an offense that is not a
"serious crime" as defined in s.
DCF 12.02
(24) is substantially related to the care of
children or the activities of the program. It may be helpful to contact the
appropriate clerk of court to obtain a copy of the criminal complaint and
judgment of conviction as part of that investigation and determination. Section
48.685(2) (bb),
Stats., requires an agency or entity to contact the appropriate clerk of court
to obtain a copy of the criminal complaint and judgment of conviction for a
violation of s. 940.19(1),
940.195,
940.20,
941.30,
942.08,
947.01(1), or
947.013, Stats., if the
conviction was within the past 5 years.
To file a complaint of prohibited employment discrimination
under s. 111.335, Stats., contact the
Equal Rights Division, Department of Workforce Development, P.O. Box 8928,
Madison, WI 53708-8928 or 608-266-6860.
