Wis. Admin. Code Department of Children and Families DCF 13.07

Current through November 25, 2024
Section DCF 13.07 - Reporting requirements
(1) CHILD CARE PROGRAM OFFENSE REPORTING REQUIREMENTS. A child care program shall report to the agency that granted regulatory approval as soon as the child care program knows, or should have known, that any of the following apply to a caregiver, noncaregiver employee, or household member at the child care program:
(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime on or after his or her 10th birthday.
(b) The person has been adjudicated delinquent on or after his or her 10th birthday 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 hold a credential, as defined in s. 440.01(2) (a), Stats., the person has been denied a credential or had a credential restricted or otherwise limited.
(2) OTHER CHILD CARE PROGRAM REPORTING.
(a) A child care program shall report to the agency that granted 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, a child care program.

Note: See the definitions in s. DCF 13.02(15) and (18).

2. A household member turns 10 years of age.
3. A household member turns 18 years of age.
4. A corporation or limited liability company designates a new person to be subject to the background check.
5. A caregiver, noncaregiver employee, or household member at the child care program changes his or her name.
6. A person's role at the child care program has changed or will be changing and a new eligibility determination may be required for the child care background check.
7. A new caregiver or noncaregiver employee begins work, or a prospective caregiver or noncaregiver employee intends to begin work, at the child care program.
8. A caregiver or noncaregiver employee is no longer working in the child care program or intends to no longer work in the child care program, including the last date of employment.
9. A prospective caregiver or noncaregiver employee was not hired.
10. A former household member is no longer residing at the child care program or a household member intends to no longer reside at the child care program, including the last date of residence.
(b) When a change specified under par. (a) 1. to 7. occurs regarding a child care program, the program shall submit a completed background check request form no later than the agency's next business day for the new person subject to the child care background check and ensure persons comply with the fingerprint requirements within the timeframe specified by the department.
(3) CHILD CARE PROGRAM POLICY. A child care program shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 13.02(4) (a) and (b) or a noncaregiver employee to notify the child care program as soon as possible, but no later than the child care program's next working day, if any of the circumstances under sub. (1) (a) to (h) apply to the person.

Wis. Admin. Code Department of Children and Families DCF 13.07

Adopted by, EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4/1/2020
Amended by, cr. (1) (intro.), (2) (a) 2., 3., 5., 7. to 10., (3) Register July 2020 No. 775, eff. 8/1/2020