1. (1) When conducted.

   1. (a) Mandatory.

      1. 1. ‘Application.’ Within 10 working days after receiving a complete application as specified under s. DCF 58.08 (1), the kinship care agency shall begin the background check of the relative caregiver and any adult residents, prospective adult residents, employees, or prospective employees under s. 48.57 (3p), Stats., and this section.

      2. 2. ‘Prospective adult resident or employee.’ Within 10 working days after receiving notice from a relative caregiver of a prospective employee, prospective adult resident, or new adult resident, the kinship care agency shall begin the background check of the prospective employee, prospective adult resident, or adult resident under s. 48.57 (3p), Stats., and this section.

         Note: See the definitions of “adult resident” and “employee” in s. DCF 58.02 (1) and (13).

   2. (b) Discretionary.

      1. 1. At any time that the kinship care agency considers to be appropriate, an agency may conduct a background check of a relative caregiver, adult resident, prospective adult resident, employee, or prospective employee.

      2. 2. A kinship care agency may investigate the background of a relative caregiver, adult resident, prospective adult resident, employee, or prospective employee at any time the agency considers to be appropriate without conducting a complete background check.

         Note: The agency is not required to repeat a fingerprint-based FBI criminal history check for a discretionary background check.

2. (2) Provisional approval.

   1. (a) The following provisional actions are allowed if a relative caregiver states to the kinship care agency that none of the persons who are subject to a background check has any arrests or convictions that could adversely affect the child or relative caregiver’s ability to care for the child:

      1. 1. The kinship care agency may make kinship care payments or long-term kinship care payments to the relative caregiver.
      2. 2. The relative caregiver may allow a prospective adult resident to be an adult resident and may allow a prospective employee to be an employee.

   2. (b) The provisional approval under par. (a) expires the earlier of the following:

      1. 1. When the kinship care agency determines whether the person who is the subject of the background check meets the conditions under s. 48.57 (3p), Stats., and this section.
      2. 2. Ninety days after the date on which the provisional approval was granted.

3. (3) Provide information.

   1. (a) The relative caregiver shall ensure that each person who is the subject of a background check does all of the following:

      1. 1. Completes the background information disclosure and written authorization for the kinship care agency to make follow-up contact with the Wisconsin department of justice and any other person or organization.

         Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website at https://dcf.wisconsin.gov.

      2. 2. Provides information on the person’s places of residence during the preceding 5-year period.
   2. (b) The relative caregiver shall submit the information under par. (a) to the kinship care agency.

   3. (c) A person who is the subject of a background check shall submit a complete set of the person’s fingerprints in a technology approved by the Wisconsin department of justice or other law enforcement agency if any of the following conditions is met:

      1. 1. The person is not a resident of this state.
      2. 2. The person has resided outside the state at any time within the preceding 5 years.
      3. 3. The kinship care agency determines that the person’s employment, licensing, or state court records provide a reasonable basis for further investigation.

4. (4) Conduct background check.

   1. (a) The kinship care agency shall obtain information on a person who is the subject of a background check by doing all of the following:

      1. 1. Requesting a search of the criminal history records maintained by the department of justice.
      2. 2. Submitting the person’s fingerprints to the department of justice for submission to the federal bureau of investigation if any of the conditions under sub. (3) (c) is met.

   2. (b) When the kinship care agency is conducting a background check of a relative caregiver, the agency shall conduct a reverse search of the Wisconsin sex offender registry using the relative caregiver’s address to determine if a person residing at that address has committed a sex offense that is specified in s. 48.57 (3p) (g), Stats.

      Note: A reverse search of the sex offender registry by address can be done by entering the relative caregiver’s address at https://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.

5. (5) Further investigation. If a relative caregiver is applying for or receiving kinship care payments, the kinship care agency shall investigate further if the criminal history records of the person who is the subject of the background check indicate any of the following:

   1. (a) If the criminal history records indicate a charge of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the kinship care 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. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but the criminal history records 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, the background information disclosure, or any other information indicate a conviction for 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 jurisdiction, not more than 5 years before the kinship care 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 https://www.wicourts.gov/contact/docs/clerks.pdf.

6. (6) Kinship care barred offenses.

   1. (a) A kinship care agency may not make kinship care payments to a relative caregiver if the relative caregiver or an employee or adult resident has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

   2. (b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the person has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregivers ability to care for the child.

      Note: A list of the criminal convictions and penalties that are barred offenses for kinship care under s. 48.57 (3p) (g), Stats., is available on the department’s website at https://dcf.wisconsin.gov/files/cwportal/kc/kc-barredcrimes.pdf.

      Patterns of criminal behavior, pending charges, and convictions that are not specified under s. 48.57 (3p) (g), Stats., may be considered when determining the best interests of the child under s. DCF 58.06 (3).

7. (7) Long-term kinship care standard.

   1. (a) A kinship care agency may not make long-term kinship care payments to a relative caregiver if the director determines that the relative caregiver or an employee or adult resident of the relative caregiver has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

   2. (b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the director determines that the person has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

      Note: The kinship care agency may need to obtain a copy of the criminal complaint from the clerk of court to determine whether the circumstances of the crimes or the reason for the penalties could adversely affect the child or the relative caregiver’s ability to care for the child. A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.

History

History: CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; CR 21-107: am. (5) (a) to (c) Register June 2022 No. 798, eff. 7-1-22; correction in (1) (b) 2. made under s. 35.17, Stats., Register August 2022 No. 800.