1. (1g) Tribal agency. A background investigation under s. DCF 55.12 (1) (a) or 55.125 (1) (c) that is conducted by a tribal child welfare agency may be conducted under s. 48.685, Stats., and this section or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

2. (1r) Provide information.

   1. (a) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or determines that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement, the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home shall do all of the following:

      1. 1. Complete and submit to the agency the department’s background information disclosure form and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the interim caretaker is not eligible to receive subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is not eligible to enter into a subsidized guardianship agreement.

         Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

      2. 2. Provide the agency with information on their places of residence during the 5-year period before the interim caretaker is seeking subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is seeking to enter into a subsidized guardianship agreement.
   2. (b) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or enters into a subsidized guardianship agreement with a prospective successor guardian, the interim caretaker or prospective successor guardian shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

3. (2) Conduct background check. After the agency receives the information under sub. (1r) and before the agency provides subsidized guardianship payments to an interim caretaker or enters into a subsidized guardianship agreement with a prospective successor guardian, the agency shall do all of the following:

   1. (a) The agency shall obtain the information required under s. 48.685 (2) (am), Stats., regarding the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home.

      Note: Information on how to conduct an initial search of some of the required Wisconsin records is at https://recordcheck.doj.wi.gov. Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required.

   2. (b) The agency shall submit the fingerprints of the interim caretaker or prospective successor guardian under sub. (1r) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

   3. (c) The agency shall conduct a reverse search of the Wisconsin sex offender registry using the interim caretaker’s or prospective successor guardian’s address.

      Note: A reverse search by address can be done by entering the interim caretaker’s or prospective successor guardian’s address at http://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

      The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.

      For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.

   4. (d) If the agency is informed that a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall obtain a criminal history records search from any state or United States jurisdiction in which the person is or was a resident.

   5. (e) The agency shall obtain information on any child abuse and neglect findings during the 5-year period before the search, as follows:

      1. 1. If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided in the state of Wisconsin at any time during the 5-year period before the search, the agency shall contact each county or jurisdiction in Wisconsin in which the person is a resident or was a resident during those 5 years for information on any child abuse or neglect report or finding.
      2. 2. If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall check any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for information on any child abuse or neglect report or finding.
   6. (f) If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home served in a branch of the U.S. armed forces, including any reserve component, the agency shall make every reasonable effort to obtain information on the discharge status of the person. This information may be obtained from the discharge papers or from the armed forces branch in which the person served. If the discharge status is other than honorable, the agency shall obtain information on the nature and circumstances of the discharge.

4. (3) Follow-up. Follow-up investigation may be required and may include the following:

   1. (a) If the results of the criminal history records search under sub. (2) (a), (b), or (d) indicate a charge of a crime specified in s. 48.685 (1) (c), Stats., but do not completely and clearly indicate the final disposition of the charge, the agency shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge.
   2. (b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.685 (1) (c), Stats., but the results of the criminal history records search under sub. (2) (a), (b), or (d) do not include the charge or conviction, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint.

   3. (c) If the results of the criminal history records search under sub. (2) (a), (b), or (d); the background information disclosure; or any other information indicate that the person was convicted of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in another state or United States jurisdiction, not more than 5 years before the agency obtained the information, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

      Note: A list of Wisconsin county clerks of court is available at http://www.wicourts.gov/contact/docs/clerks.pdf. Contact information for the Wisconsin Tribal Court Judges Association is available at http://www.wtja.org/wisconsin-tribal-courts.php. An investigation and determination regarding whether the circumstances of the convictions for the crimes specified in par. (c) are substantially related to the care of children under s. 48.685 (5m), Stats., is required. The specified crimes are misdemeanor battery, battery to an unborn child, battery-special circumstances, reckless endangerment, invasion of privacy, disorderly conduct, and harassment.

5. (4) Offenses that are a bar. Unless the person has demonstrated that the person has been rehabilitated under s. 48.685 (5) or (5c), Stats., and ch. DCF 12, an agency may not provide subsidized guardianship payments to an interim caretaker or determine that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement if any of the following apply regarding the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home:

   1. (a) The person has been convicted of a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a pending criminal charge alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

      Note: A table that lists applicable crimes is available on the department website, https://dcf.wisconsin.gov, in the child welfare licensing/background checks section. The applicable crimes for subsidized guardianship payments are the same as the applicable crimes for foster care.

   2. (b) The person has been adjudicated delinquent for committing a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a delinquency petition alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.
   3. (c) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
   4. (d) A final substantiated finding has been made that the person abused or neglected a child.
   5. (e) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

6. (5) Denials. The agency shall provide the department with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of an interim caretaker or prospective successor guardian for a reason specified in sub. (4).

   Note: Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information directly into the system. Agencies that do not have direct access to eWiSACWIS, provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison WI 53708-8916.

History

History: CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: am. (2) (e) 1., 2., (4) (intro.), (a), r. (4) (b), r. and recr. (4) (d), (e) Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (title), (1), (2), (4) (intro.), (5), eff. 11-18-16; CR 16-048: am. (title), (1), (2), (4) (intro.), (5) Register April 2017 No. 736, eff. 5-1-17; CR 21-107: am. (2) (d), (4) (intro.), r. and recr. (4) (a), cr. (4) (b) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: renum. (1) to (1r), cr. (1g), am. (2) (intro.), (b), (d), (e) 1., (3) (a) to (c) Register July 2024 No. 823, eff. 8-1-24.