(1) CAREGIVERS,
NONCAREGIVER EMPLOYEES, AND HOUSEHOLD MEMBERS. To determine whether a
caregiver's, noncaregiver employee's, or household member's conviction or
delinquency adjudication for an offense that is not a serious crime is
substantially related to the care of a child or the activities of a child care
program, the department shall consider all of the following:
(a) In relation to the person's role at the
child care program, all of the following:
1.
The nature and scope of the person's contact with clients.
2. The scope of the discretionary authority
and independent judgment the person has to make decisions or take actions that
affect the care of clients.
3. The
opportunity the role at the child care program presents for committing similar
crimes.
4. The extent to which
acceptable performance of the role at the child care program 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 person's role at the child
care 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 decision affecting regulatory approval,
employment, contract, or 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.
If the person is a caregiver or noncaregiver employee, the person's ability to
perform or to continue to perform the 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) DOCUMENTATION. The department
shall document how it reached the determination under sub. (1) that the
criminal conviction or delinquency adjudication of a caregiver, noncaregiver
employee, or household member is or is not substantially related to the care of
a child or the activities of the child care program.
