(1)
TIME FRAME. If an application for a rehabilitation review is not complete or
any supporting documents or information required in the application are not
submitted within 90 days after the date the application was first received by
the applicable agency, the request for a rehabilitation review shall be denied,
unless the person requesting the rehabilitation review provides a good cause
explanation.
(2) REHABILITATION
REVIEW PANEL. If a person who is eligible for rehabilitation review under s.
DCF 12.11 submits an application that is complete under s. DCF 12.12 no later
than the deadline in sub. (1), the applicable agency shall appoint a review
panel of at least 2 persons to review the information submitted. The panel may
request additional information from the person requesting the review or from
other agencies or persons familiar with the person.
(3) REQUESTER APPEARANCE.
(a) A person for whom a rehabilitation review
is conducted under sub. (2) shall be given an opportunity to appear before the
review panel to present information and answer any questions the panel members
may have.
(b) The person's
appearance before the review panel may be in person, by telephone, or other
technology approved by the agency.
(4) REHABILITATION DECISION FACTORS. After
reviewing the information obtained, the review panel shall decide whether the
person who is the subject of the rehabilitation review has demonstrated by
clear and convincing evidence that the person is rehabilitated for purposes of
receiving regulatory approval, employment as a caregiver or a congregate care
worker, contracting with an entity to be a caregiver or a congregate care
worker, or residing at an entity or with a caregiver specified in s. DCF 12.02(4) (c). The panel shall consider at least the following factors, as
applicable:
(a) Personal references and
comments from employers, persons, and agencies familiar with the applicant and
statements from therapists, counselors, and other professionals.
(b) Evidence of successful adjustment to,
compliance with, or proof of successful completion of parole, extended
supervision, probation, incarceration, or work release privileges.
(c) Any investigations or enforcement actions
by a regulatory agency for substantial noncompliance with applicable
laws.
(d) Any subsequent contacts
with law enforcement agencies, including arrests, charges, convictions, pending
criminal or civil arrest warrants, civil judgments, or other legal enforcement
actions or injunctions against the person.
(e) Any aggravating or mitigating
circumstances surrounding the barring crime, act, or offense.
(f) Evidence of rehabilitation, such as
public or community service, volunteer work, recognition by other public or
private authorities for accomplishments or efforts or attempts at restitution,
and demonstrated ability to develop positive social interaction and increased
independence or autonomy of daily living.
(g) The age of the person at the time of the
offense and the amount of time between the crime, act, or offense and the
request for rehabilitation review.
(h) Whether the person is on the sexual
offender registry under s.
301.45,
Stats., or on a similar registry in another jurisdiction.
(i) A victim's impact statement, if
appropriate.
(j) The person's
employment history, including evidence of acceptable performance or competency
and dedication to the person's profession.
(k) The nature and scope of the person's
contact with clients in the position requested.
(l) The degree to which the person would be
directly supervised or working independently in the position
requested.
(m) The opportunity
presented for someone in the position to commit similar offenses.
(n) The number, type, and pattern of offenses
committed by the person.
(o)
Successful participation in or completion of recommended rehabilitation,
treatment, or programs.
(p) Unmet
treatment needs.
(q) The person's
veracity.
(5) REVIEW
PANEL DECISION.
(a)
Scope. A
review panel may grant rehabilitation approval only within the scope of the
agency's regulatory authority.
(b)
Deferral. A review panel may defer a final decision for a
period of not more than 6 months, unless the person who is the subject of the
rehabilitation review agrees to a longer time period.
(c)
Written decision. The
review panel shall issue a written decision that includes the following
information, as applicable:
1. `Approval.' An
approval shall state all of the following:
a.
The type of entity to which the decision applies.
b. The types of approval that were requested
and are approved in the decision, such as regulatory approval, employment as a
caregiver or a congregate care worker, contract to be a caregiver or a
congregate care worker, or nonclient residency at an entity.
c. Any conditions or limitations placed on
the approval.
Note: Examples of limited approval include
approval for employment doing only certain job functions or approval to care
for a specific child only.
2. `Deferral.' A deferral shall state the
reason for the deferral and the date that the review panel will reconvene to
review any new information affecting the request.
3. `Denial.' A denial shall include all of
the following:
a. The type of entity to which
the decision applies.
b. The types
of approval that were requested and are denied in the decision, such as
regulatory approval, employment as a caregiver or a congregate care worker,
contract to be a caregiver or a congregate care worker, or nonclient residency
at an entity.
c. The reason for the
denial.
d. Notice that the person
may appeal the denial and a summary of the appeal process under s.
48.685(5c),
Stats., and s. DCF 12.14.
(6) REVIEW PANEL DECISION DISTRIBUTION.
(a) The review panel shall send its decision
to the person who is the subject of the rehabilitation review and, if
requested, a copy to entities specified by that person.
(b) Within 10 days after sending a
rehabilitation review decision to the person who is the subject of the
rehabilitation review, the review panel for an agency shall send all of the
following to the department:
1. A copy of the
review panel's decision.
2. A copy
of the person's application under s. DCF 12.12 (1).
3. A completed rehabilitation review panel
decision report on a form prescribed by the department.
Note: Form DCF-F-418-E, Rehabilitation
Review Panel Decision Report, is available in the forms section of the
department website at http://dcf.wisconsin.gov. The materials should be sent to
the Office of Legal Counsel, Department of Children and Families, P. O. Box
8916, Madison, WI 53708-8916.
(7) RETENTION OF REHABILITATION DECISION
DOCUMENTATION.
(a) The agency shall retain a
copy of the written decision by the rehabilitation review panel and any
decisions from filed appeals that may result.
(b) The agency shall retain a copy of the
rehabilitation review request and all materials or information obtained or
notes made as part of the rehabilitation review decision for at least 10 years
after the decision is made and any appeals are finalized.
