Section DCF 57.50 - Licensure prohibited(1) The department shall not license a person if any one of the following circumstances exists: (a) The department has received certification pursuant to s. 49.857(2), Stats., that the applicant or licensee has failed to pay court-ordered payments of child or family support or expenses related to the support of a child or former spouse or has failed to comply with a subpoena or warrant by the department of or a county child support agency related to paternity or child support proceedings.(b) The department has received certification pursuant to s. 73.0301, Stats., from the department of revenue certifying that the applicant or licensee has a delinquent tax liability.(c) The licensee or applicant has given false information to a government agency, failed to submit a complete application, withheld relevant information, or failed to pay any fee, forfeiture or assessment due to a government agency.(2) The department may deny a license if any one of the following circumstances exists: (a) A person has behavior or a mental or physical condition that gives reasonable concern for the safety of residents.(b) Another group home operated by the licensee is in substantial non-compliance with the licensing rules or has outstanding fines or forfeitures.(c) If an applicant, owner, or licensee, a proposed or current staff member, volunteer, household member or any other person who has or will have contact with residents is any of the following: 1. A person who is the subject of a pending criminal charge or who has been convicted of a felony or misdemeanor that substantially relates to the care of children or activities of the group home. Note: Examples of charges and offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children are: sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered.
2. A person who has been determined by a government agency to have abused or neglected a child or who has been determined to have committed an offense that is substantially related to the care of children or activities of the group home.3. A person against whom a finding of abuse or neglect or of a misappropriation of property of a client has been entered on the Wisconsin caregiver registry maintained by the department pursuant to ch. DHS 13.4. A person who is the subject of a court finding that the person has abandoned, abused, or neglected a child.5. A person who fails to submit a DHS 64 background information disclosure form completed under the requirements of s. 48.685, Stats., and ch. DHS 12, and this chapter, or a person who has made false statements on the background information disclosure form.(3) If a person's license is denied or revoked under sub. (1), reinstatement of the license is pursuant to s. 49.857 or 73.0301, Stats., as applicable. Wis. Admin. Code Department of Children and Families DCF 57.50
CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (2) (c) 3. and 5. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; CR 11-026: am. (1) (a) Register December 2011 No. 672, eff. 1-1-12.