A person who is not eligible under s. 48.685 (4m), Stats., to receive regulatory approval, to be employed as a caregiver or a congregate care worker, to contract with an entity to be a caregiver or a congregate care worker, or to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) may request a rehabilitation review, unless any of the following apply:

1. (1) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats.

2. (2) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats., during a waiting period that has not ended.

   Note: Tables listing barring offenses and the availability of rehabilitation review for each offense are in the applicable program regulatory sections of the department website at http://dcf.wisconsin.gov.

   For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.

   For foster homes, adoption home studies, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.

   For child care, see the child care regulation/child care licensing or child care certification sections of the department website.

3. (3) Within the preceding 12 months, an agency denied the person’s request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or nonclient resident status with the same level of direct contact with clients or unsupervised access to clients.

History

History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2), eff. 1-30-19; CR 19-089: renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2) Register March 2020 No. 771, eff. 4-1-20; correction in (2) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-107: am. (intro.) Register June 2022 No. 798, eff. 7-1-22.