Section DCF 12.08 - Reporting requirements(1) ENTITY REPORTING OF OFFENSE. An entity shall report to the agency that gave regulatory approval as soon as the entity knows, or should have known, that any of the following apply to a caregiver, congregate care worker, or nonclient resident at the entity: (a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.(b) The person has been adjudicated delinquent for committing any crime.(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.(d) The person has been convicted of any crime.(e) A final substantiated finding has been made that the person abused or neglected a child.(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.(g) A unit of government or a state agency as defined in s. 16.61(2) (d), Stats., made a finding that the person has abused or neglected a client or misappropriated the property of a client.(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.(2) OTHER ENTITY REPORTING. (a) An entity shall report to the agency that gave regulatory approval as soon as possible, but no later than the agency's next business day, if any of the following occurs: 1. A person who is age 10 or over and is not a client begins residing at, or is expected to reside at, an entity.2. A person who is residing at the entity and is not a client turns 10 years of age.3. A nonclient resident turns 18 years of age.4. A corporation or limited liability company designates a new person to be subject to the background check.5. The name of a caregiver under s. DCF 12.02 (4) (a), congregate care worker, or a nonclient resident at the entity has been changed.(b) When a change specified under par. (a) 1. to 4. occurs regarding an entity, the entity shall submit a completed background information disclosure for the new person subject to the background check to the agency as soon as possible, but no later than the agency's next business day.(3) ENTITY POLICY. An entity shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 12.02(4) (b) or a congregate care worker to notify the entity as soon as possible, but no later than the entity's next working day, if any of the following apply: (a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.(b) The person has been adjudicated delinquent for committing any crime.(c) The person is the subject of a pending criminal charge alleging that the person committed a serious crime.(d) The person has been convicted of any crime.(e) A final substantiated finding has been made that the person abused or neglected a child.(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.(g) A unit of government or a state agency as defined in s. 16.61(2) (d), Stats., has made a finding that the person has abused a client or misappropriated the property of a client.(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.Wis. Admin. Code Department of Children and Families DCF 12.08
Adopted by, CR 16-014: cr. Register June 2016 No. 726, eff. 7/1/2016Amended by, EmR1918: emerg. am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b) Register March 2020 No. 771, eff. 4/1/2020Amended by, CR 21-107: am. (1) (intro.), (a), (b), (2) (a) 4., 5., (b), (3) (intro.), (a), (b) Register June 2022 No. 798, eff. 7/1/2022