Section DCF 12.13 - Agency rehabilitation review process In this chapter:
(1) TIME FRAME. If an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received by the applicable agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.(2) REHABILITATION REVIEW PANEL. If a person who is eligible for rehabilitation review under s. DCF 12.11 submits an application that is complete under s. DCF 12.12 no later than the deadline in sub. (1), the applicable agency shall appoint a review panel of at least 2 persons to review the information submitted. The panel may request additional information from the person requesting the review or from other agencies or persons familiar with the person.(3) REQUESTER APPEARANCE. (a) A person for whom a rehabilitation review is conducted under sub. (2) shall be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have.(b) The person's appearance before the review panel may be in person, by telephone, or other technology approved by the agency.(4) REHABILITATION DECISION FACTORS. After reviewing the information obtained, the review panel shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that the person is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity or with a caregiver specified in s. DCF 12.02(4) (c). The panel shall consider at least the following factors, as applicable: (a) Personal references and comments from employers, persons, and agencies familiar with the applicant and statements from therapists, counselors, and other professionals.(b) Evidence of successful adjustment to, compliance with, or proof of successful completion of parole, extended supervision, probation, incarceration, or work release privileges.(c) Any investigations or enforcement actions by a regulatory agency for substantial noncompliance with applicable laws.(d) Any subsequent contacts with law enforcement agencies, including arrests, charges, convictions, pending criminal or civil arrest warrants, civil judgments, or other legal enforcement actions or injunctions against the person.(e) Any aggravating or mitigating circumstances surrounding the barring crime, act, or offense.(f) Evidence of rehabilitation, such as public or community service, volunteer work, recognition by other public or private authorities for accomplishments or efforts or attempts at restitution, and demonstrated ability to develop positive social interaction and increased independence or autonomy of daily living.(g) The age of the person at the time of the offense and the amount of time between the crime, act, or offense and the request for rehabilitation review.(h) Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction.(i) A victim's impact statement, if appropriate.(j) The person's employment history, including evidence of acceptable performance or competency and dedication to the person's profession.(k) The nature and scope of the person's contact with clients in the position requested.(l) The degree to which the person would be directly supervised or working independently in the position requested.(m) The opportunity presented for someone in the position to commit similar offenses.(n) The number, type, and pattern of offenses committed by the person.(o) Successful participation in or completion of recommended rehabilitation, treatment, or programs.(p) Unmet treatment needs.(q) The person's veracity.(5) REVIEW PANEL DECISION. (a)Scope. A review panel may grant rehabilitation approval only within the scope of the agency's regulatory authority.(b)Deferral. A review panel may defer a final decision for a period of not more than 6 months, unless the person who is the subject of the rehabilitation review agrees to a longer time period.(c)Written decision. The review panel shall issue a written decision that includes the following information, as applicable:1. `Approval.' An approval shall state all of the following:a. The type of entity to which the decision applies.b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.c. Any conditions or limitations placed on the approval. Note: Examples of limited approval include approval for employment doing only certain job functions or approval to care for a specific child only.
2. `Deferral.' A deferral shall state the reason for the deferral and the date that the review panel will reconvene to review any new information affecting the request.3. `Denial.' A denial shall include all of the following:a. The type of entity to which the decision applies.b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.c. The reason for the denial.d. Notice that the person may appeal the denial and a summary of the appeal process under s. 48.685(5c), Stats., and s. DCF 12.14.(6) REVIEW PANEL DECISION DISTRIBUTION. (a) The review panel shall send its decision to the person who is the subject of the rehabilitation review and, if requested, a copy to entities specified by that person.(b) Within 10 days after sending a rehabilitation review decision to the person who is the subject of the rehabilitation review, the review panel for an agency shall send all of the following to the department:1. A copy of the review panel's decision.2. A copy of the person's application under s. DCF 12.12 (1).3. A completed rehabilitation review panel decision report on a form prescribed by the department. Note: Form DCF-F-418-E, Rehabilitation Review Panel Decision Report, is available in the forms section of the department website at http://dcf.wisconsin.gov. The materials should be sent to the Office of Legal Counsel, Department of Children and Families, P. O. Box 8916, Madison, WI 53708-8916.
(7) RETENTION OF REHABILITATION DECISION DOCUMENTATION.(a) The agency shall retain a copy of the written decision by the rehabilitation review panel and any decisions from filed appeals that may result.(b) The agency shall retain a copy of the rehabilitation review request and all materials or information obtained or notes made as part of the rehabilitation review decision for at least 10 years after the decision is made and any appeals are finalized.Wis. Admin. Code Department of Children and Families DCF 12.13
Adopted by, CR 16-014: cr. Register June 2016 No. 726, eff. 7/1/2016Amended by, EmR1918: emerg. am. (1), (3) (a), (5) (a), eff. 1-30-19; CR 19-089: am. (1), (3) (a), (5) (a) Register March 2020 No. 771, eff. 4/1/2020Amended by, CR 21-107: am. (4) (intro.), (5) (c) 1. b., 3. b. Register June 2022 No. 798, eff. 7/1/2022