(1g) TRIBAL AGENCY. A background
investigation under s.
DCF 55.12 (1)
(a) or
55.125(1) (c) that
is conducted by a tribal child welfare agency may be conducted under s.
48.685, Stats., and this section
or by meeting the background check requirements for foster parent licensing
under 42 USC
671 (a) (20).
(1r) PROVIDE INFORMATION.
(a) Before an agency provides subsidized
guardianship payments to an interim caretaker seeking payments under s.
DCF
55.12 or determines that a prospective successor
guardian is eligible to enter into a subsidized guardianship agreement, the
interim caretaker or prospective successor guardian and any nonclient resident
in the interim caretaker's or prospective successor guardian's home shall do
all of the following:
1. Complete and submit
to the agency the department's background information disclosure form and
written authorization for the agency to make follow-up contact with the
Wisconsin department of justice and any other person or organization to
determine if there is any reason under sub. (4) why the interim caretaker is
not eligible to receive subsidized guardianship payments under s.
DCF
55.12 or the prospective successor guardian is not
eligible to enter into a subsidized guardianship agreement.
Note: DCF-F-2978-E, Background
Information Disclosure, is available in the forms section of the
department website, https://dcf.wisconsin.gov, or by
writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI
53708-8916.
2. Provide the
agency with information on their places of residence during the 5-year period
before the interim caretaker is seeking subsidized guardianship payments under
s.
DCF
55.12 or the prospective successor guardian is seeking
to enter into a subsidized guardianship agreement.
(b) Before an agency provides subsidized
guardianship payments to an interim caretaker seeking payments under s.
DCF
55.12 or enters into a subsidized guardianship
agreement with a prospective successor guardian, the interim caretaker or
prospective successor guardian shall provide the agency or its designated agent
with a set of fingerprints sufficiently clear to submit to the Wisconsin
department of justice or other law enforcement agency for submission to the
national crime information database as provided in s.
48.685 (2) (c)
1, Stats.
(2) CONDUCT
BACKGROUND CHECK. After the agency receives the information under sub. (1r) and
before the agency provides subsidized guardianship payments to an interim
caretaker or enters into a subsidized guardianship agreement with a prospective
successor guardian, the agency shall do all of the following:
(a) The agency shall obtain the information
required under s.
48.685 (2)
(am), Stats., regarding the interim caretaker
or prospective successor guardian and any nonclient resident in the interim
caretaker's or prospective successor guardian's home.
Note: Information on how to conduct an initial
search of some of the required Wisconsin records is at
https://recordcheck.doj.wi.gov.
Following the search, the agency will receive a report from the Department of
Justice regarding results of the criminal records search and a report from the
Department of Health Services regarding results of the search of other
integrated databases. Further investigation may be required.
(b) The agency shall submit the fingerprints
of the interim caretaker or prospective successor guardian under sub. (1r) (b)
to the Wisconsin department of justice or other law enforcement agency for
submission to the national crime information database as provided in s.
48.685 (2) (c)
1, Stats.
(c) The agency shall
conduct a reverse search of the Wisconsin sex offender registry using the
interim caretaker's or prospective successor guardian's address.
Note: A reverse search by address can be done by
entering the interim caretaker's or prospective successor guardian's address at
http://doc.wi.gov/community-resources/offender-registry.
The Wisconsin Sex Offender Registry does not contain information on all
convicted sex offenders.
(d)
If the agency is informed that a nonclient resident in the interim caretaker's
or prospective successor guardian's home resided outside the state of Wisconsin
at any time during the 5-year period before the search, the agency shall obtain
a criminal history records search from any state or United States jurisdiction
in which the person is or was a resident.
(e) The agency shall obtain information on
any child abuse and neglect findings during the 5-year period before the
search, as follows:
1. If the agency is
informed that the interim caretaker or prospective successor guardian or a
nonclient resident in the interim caretaker's or prospective successor
guardian's home resided in the state of Wisconsin at any time during the 5-year
period before the search, the agency shall contact each county or jurisdiction
in Wisconsin in which the person is a resident or was a resident during those 5
years for information on any child abuse or neglect report or
finding.
2. If the agency is
informed that the interim caretaker or prospective successor guardian or a
nonclient resident in the interim caretaker's or prospective successor
guardian's home resided outside the state of Wisconsin at any time during the
5-year period before the search, the agency shall check any child abuse or
neglect registry maintained by any other jurisdiction in which the person is a
resident or was a resident during those 5 years for information on any child
abuse or neglect report or finding.
(f) If the agency is informed that the
interim caretaker or prospective successor guardian or a nonclient resident in
the interim caretaker's or prospective successor guardian's home served in a
branch of the U.S. armed forces, including any reserve component, the agency
shall make every reasonable effort to obtain information on the discharge
status of the person. This information may be obtained from the discharge
papers or from the armed forces branch in which the person served. If the
discharge status is other than honorable, the agency shall obtain information
on the nature and circumstances of the discharge.
(3) FOLLOW-UP. Follow-up investigation may be
required and may include the following:
(a) If
the results of the criminal history records search under sub. (2) (a), (b), or
(d) indicate a charge of a crime specified in s.
48.685 (1) (c),
Stats., but do not completely and clearly indicate the final disposition of the
charge, the 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.
48.685 (1) (c),
Stats., but the results of the criminal history records search under sub. (2)
(a), (b), or (d) 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 search under sub. (2) (a), (b), or (d); the background information
disclosure; or any other information indicate that the person was convicted of
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 state or United States jurisdiction, not more than 5 years
before the 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 http://www.wicourts.gov/contact/docs/clerks.pdf.
Contact information for the Wisconsin Tribal Court Judges Association is
available at http://www.wtja.org/wisconsin-tribal-courts.php.
An investigation and determination regarding whether the circumstances of the
convictions for the crimes specified in par. (c) are substantially related to
the care of children under s.
48.685 (5m),
Stats., is required. The specified crimes are misdemeanor battery, battery to
an unborn child, battery-special circumstances, reckless endangerment, invasion
of privacy, disorderly conduct, and harassment.
(4) OFFENSES THAT ARE A BAR. Unless the
person has demonstrated that the person has been rehabilitated under s.
48.685 (5) or
(5c), Stats., and ch. DCF 12, an agency may
not provide subsidized guardianship payments to an interim caretaker or
determine that a prospective successor guardian is eligible to enter into a
subsidized guardianship agreement if any of the following apply regarding the
interim caretaker or prospective successor guardian or a nonclient resident in
the interim caretaker's or prospective successor guardian's home:
(a) The person has been convicted of a crime
specified in s.
48.685 (1) (c),
Stats., or is the subject of a pending criminal charge alleging that the person
committed a crime specified in s.
48.685 (1) (c),
Stats.
Note: A table that lists applicable crimes is
available on the department website, https://dcf.wisconsin.gov, in the child
welfare licensing/background checks section. The applicable crimes for
subsidized guardianship payments are the same as the applicable crimes for
foster care.
(b) The person
has been adjudicated delinquent for committing a crime specified in s.
48.685 (1) (c),
Stats., or is the subject of a delinquency petition alleging that the person
committed a crime specified in s.
48.685 (1) (c),
Stats.
(c) A governmental body has
made a finding that the person has abused or neglected any client or
misappropriated the property of any client.
(d) A final substantiated finding has been
made that the person abused or neglected a child.
(e) A finding that is comparable to a final
substantiated finding has been made in any other jurisdiction.
(5) DENIALS. The agency shall
provide the department with information about each person who is denied monthly
subsidized guardianship payments or permission to reside in the home of an
interim caretaker or prospective successor guardian for a reason specified in
sub. (4).
Notes
Wis. Admin. Code
Department of Children and Families
DCF 55.13
CR: 12-045: cr. Register
May 2013 No. 689, eff. 6-1-13.
Amended by,
CR 16-014: am. (2) (e) 1., 2., (4) (intro.), (a), r. (4) (b), r. and recr. (4)
(d), (e)
Register
June 2016 No. 726, eff. 7/1/2016
Amended by,
correction in (1) (a) 1. (Note), (2) (c) (Note), (4) (a) (Note) made under s.
13.92(4) (b) 7,
Stats.,
Register
January 2017 No. 733, eff.
2/1/2017
Amended by,
CR 16-048: am. (title), (1), (2), (4) (intro.), (5)
Register
April 2017 No. 736, eff.
5/1/2017
Amended by,
correction in (History note) made under s.
13.92(4) (b) 7,
Stats.,
Register
June 2017 No. 738, eff. 7/1/2017
Amended by, CR 21-107: am. (2) (d), (4)
(intro.), r. and recr. (4) (a), cr. (4) (b)
Register
June 2022 No. 798, eff. 7/1/2022
Amended by, CR 24-007: renum. (1) to (1r), cr.
(1g), am. (2) (intro.), (b), (d), (e) 1., (3) (a) to (c)
Register
July 29 No. 823, eff. 8/1/2024
Agencies with direct access to eWiSACWIS, the child welfare
automation system, enter the information directly into the system. Agencies
that do not have direct access to eWiSACWIS, provide the information on Form
DCF-F-CFS2191, Negative Action Notice, which is available in the forms section
of the department's website, dcf.wisconsin.gov. Send the completed form to
Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison WI
53708-8916.
