Section DCF 12.09 - Sanctions(1) ENTITY. (a) An entity that does any of the following may be subject to one or more of the sanctions specified in par. (b): 1. Hires, employs, or contracts with a caregiver or congregate care worker or permits a nonclient resident to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) if the entity knows, or should know, that the caregiver, congregate care worker, or nonclient resident is barred under s. 48.685(4m) (b) or that a nonclient resident is ineligible for residency under s. 48.685(5m), Stats.2. Violates any provision in s. 48.685, Stats., or this chapter regarding caregivers specified in s. DCF 12.02 (4) (b) or (c) or congregate care workers, including requiring completion of a background information disclosure as required under s. 48.685(6), and conducting the background check as required under s. 48.685(2) and (3), Stats.3.a. Knows, or should know, that a nonclient resident at the entity failed to complete and submit the background information disclosure to the applicable agency as required under s. 48.685(6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the applicable agency.b. Knows, or should know, that a nonclient resident of a caregiver specified in s. DCF 12.02 (4) (c) failed to complete and submit the background information disclosure to the entity specified in s. DCF 12.02 (14) (L) as required under s. 48.685(6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the entity specified in s. DCF 12.02 (14) (L).4. Fails to complete and submit the background information disclosure to the applicable agency as required under s. 48.685(6), Stats.5. Knowingly gives false information on or knowingly omits information from the background information disclosure submitted to the applicable agency.6. Fails to comply with applicable reporting requirements under s. DCF 12.08 (1) or (2).7. Fails to have a policy on reporting changes as required in s. DCF 12.08 (3).(b) Any of the following sanctions may be imposed on an entity that commits any of the acts described in par. (a): 1. Denial, revocation, nonrenewal, suspension, or termination of regulatory approval.2. Specific conditions or limitations placed on the regulatory approval.3. A forfeiture of not more than $1,000.4. A requirement that the entity develop a written plan that specifies corrections that will be made to personnel screening practices, obtain agency approval of the correction plan, and implement the correction plan.5. Attendance at agency-designated training on personnel screening or other appropriate training at entity expense.(2) APPLICANT. An applicant for regulatory approval who does any of the following is subject to denial of an application for regulatory approval:(a) Fails to complete and submit a background information disclosure to the appropriate agency.(b) Knowingly provides false information on or knowingly omits information from the background information disclosure submitted to the agency.Wis. Admin. Code Department of Children and Families DCF 12.09
Adopted by, CR 16-014: cr. Register June 2016 No. 726, eff. 7/1/2016Amended by, EmR1918: emerg. am. (1) (a) (intro.), (2) (intro.), eff. 1-30-19; CR 19-089: am. (1) (a) (intro.), (2) (intro.) Register March 2020 No. 771, eff. 4/1/2020Amended by, CR 21-107: am. (1) (a) 1., 2. Register June 2022 No. 798, eff. 7/1/2022