Wisconsin Administrative Code
Department of Children and Families
DCF 1-20 - General
Chapter DCF 13 - Background Checks For Child Care Programs
Section DCF 13.06 - Background check eligibility
Universal Citation: WI Admin Code ยง DCF 13.06
Current through August 26, 2024
(1) PRELIMINARY ELIGIBILITY.
(a) The department shall issue a
preliminary eligibility determination that indicates whether a person is barred
from employment as a caregiver, noncaregiver employee, or household member at
the child care program based on any serious crimes reported on the federal
bureau of investigation and Wisconsin department of justice fingerprint
results.
(b) A child care program
that receives a department determination that a person is preliminarily
eligible may employ, contract with, or allow the person to reside at the child
care program pending the department's final eligibility determination under
sub. (3).
(2) SUPERVISION OF PERSONS WITH PRELIMINARY ELIGIBILITY.
(a) Persons who begin work or residency with
preliminary eligibility under sub. (1) shall be supervised at all times
children are present. The supervision shall include periodic and direct
observation of the person.
(b) A
person who has received a final determination of eligibility under sub. (3)
within the past 5 years shall supervise a person with preliminary eligibility
under sub. (1).
(3) FINAL ELIGIBILITY.
(a) After receiving all of
the records required under s.
48.686(2) (am), Stats., the department shall provide a
final written report to the child care program indicating whether the person
who is the subject of the report is eligible or ineligible to work or reside at
a child care program, without revealing information about any disqualifying
offenses or other information regarding the person.
(b) The department shall provide a final
written report to the person on whom the child care background check was
conducted, indicating whether the person is eligible or ineligible to work or
reside at a child care program. If the person is ineligible, the report also
shall include information on each disqualifying offense, the right to appeal
under s.
DCF 13.09, and the right to a rehabilitation review under
s.
DCF 13.10, if applicable.
(4) TRANSFER OF ELIGIBILITY. A child care program may employ a person or allow the person to reside in the child care program without requesting a new child care background check on the person if all of the following conditions are met:
(a)
Within the past 5 years, the person received a final determination of
eligibility under sub. (3) to work or reside in a child care program and the
determination of eligibility has not been withdrawn or revoked.
(b) Either of the following apply:
1. The person is currently working or
residing in a child care program.
2. The person has been separated from
employment or residence at a child care program for less than 180
days.
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