Background checks

Background checks. (1) Provide information. (a) Before a foster home license is issued or renewed, the applicant and any nonclient resident in the home shall each do all of the following: 1. Complete and submit to the licensing agency the department’s background information disclosure and written authorization for the licensing 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 applicant should not be granted a license or have an existing license renewed. 2. Provide the licensing agency with information on each person’s places of residence during the 5-year period before submission of the license application. (b) Before an initial foster home license is issued or a license is renewed after a break in licensure, the applicant shall provide the licensing 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. (2) Conduct background check. The licensing agency shall do all of the following: (a) Obtain the information required under s. 48.685 (2) (am) , Stats., regarding the applicant and any nonclient resident in the applicant’s home, including the following: 1. A criminal history search from the records maintained by the department of justice. 2. Information that is contained in the registry under s. 146.40 (4g) , Stats., regarding any findings against the person. 3. Information maintained by the department of safety and professional services regarding the status of the person’s credentials, if applicable. 4. Information maintained by the department of health services under s. 48.685 , Stats., and under ss. 48.623 (6) (am) 2. and (bm) 5. , 48.75 (1m) , and 48.979 (1) (b) , Stats., regarding any denial to the person of a license, or continuation or renewal of a license to operate an entity, or of payments under s. 48.623 (6) , Stats., for operating an entity, for a reason specified in s. 48.685 (4m) (a) 1. to 5. , Stats., and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in s. 48.685 (1) (ag) 1. am. , Stats., for a reason specified in s. 48.685 (4m) (b) 1. to 5. , Stats. If the information obtained under this subdivision indicates that the person has been denied a license, or continuation or renewal of a license, payments, employment, a contract, or permission to reside as described in this subdivision, the licensing agency need not obtain the information specified in subd. 5. and pars. (b) and (c) . 5. a. Information in the department’s child welfare automation system on any final substantiated findings that the person has abused or neglected a child. If the licensing agency does not have access to the department’s child welfare automation system, the licensing agency shall request and obtain the information from the department. b. Any child protective services records for the person in the department’s child welfare automation system from the 5-year period before the search. If the licensing agency does not have access to the department’s child welfare automation system, the licensing agency shall contact each county in this state in which the person is a resident or was a resident during the 5-year period preceding the date of the search for any child protective services records during that period. c. If the licensing agency is informed that the person resided outside this state at any time during the 5-year period preceding the date of the search, information in 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 any findings comparable to a final substantiated finding or any reports that the person abused or neglected a child. (b) Submit the fingerprints of the applicant under sub. (1) (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. (c) Conduct a reverse search of the Wisconsin sex offender registry using the applicant’s address. (d) Obtain a criminal history records search from any other jurisdiction in which the person is or was a resident if the licensing agency is informed that the applicant or a nonclient resident in the applicant’s home resided outside the state of Wisconsin at any time during the 5-year period preceding the date of the search. (3) Follow up. Follow-up investigation may be required and may include any of the following: (a) If the results of the criminal history records search under (2) (a), (b), or (d) indicate a charge of a crime specified in s. 48.685 (1) (c) , Stats., or comparable law in any other jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the licensing agency shall make every reasonable effort to contact the appropriate clerk of court to determine the final disposition of the charge. (b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.685 (1) (c) , Stats., or comparable law in any other jurisdiction, but the results of the criminal history records search under sub. (2) (a) , (b) , or (d) do not include the charge or conviction, the licensing agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and the final disposition of the complaint. (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) , 2023 Stats., s. 940.195 , 2023 Stats., s. 940.20 , 2023 Stats., or s. 940.204 , 2023 Stats., or s. 940.60 (1) , 940.61 , 940.62 , 940.65 , 941.30 , 942.08 , 947.01 (1) , 947.013 , or 947.016 (1) , (2) , or (3) , Stats., or comparable law in any other jurisdiction, not more than 5 years before the agency obtained the information, the licensing agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction relating to that violation. The licensing agency shall determine whether the circumstances underlying the conviction are substantially related to the care of children or the operation of a foster home under s. 48.685 (5m) , Stats., and s. DCF 56.05 (1) . (4) Offenses that are a bar. Unless the person has demonstrated that they have been rehabilitated under s. 48.685 (5) or (5c) , Stats., and ch. DCF 12 , an applicant or licensee may not hold a license if the applicant or licensee or a nonclient resident in the home meets any of the following conditions: (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. (am) 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. (b) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client. (c) A final substantiated finding has been made that the person abused or neglected a child. (d) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction. (5) Denials or revocation. The licensing agency shall provide the department with information about each person who is denied a license or has a license revoked for a reason specified in sub. (4) . (6) Rehabilitation review. If an applicant or a nonclient resident in the applicant’s home has been convicted of a crime that is a bar for foster care licensing but is eligible for a rehabilitation review under s. 48.685 (5) , Stats., and ch. DCF 12 , the licensing agency shall inform the applicant about the option to apply for a rehabilitation review.