Rehabilitation Reviews: Foster Care and Adoption May 17, 2017 Handout BID

Agenda Ch. DCF 12 Admin. Code Rehabilitation Reviews What is a rehabilitation review? When is a rehabilitation review required? Who conducts the rehabilitation review? What is the process? Additional Information Rehabilitation Review Resources Specific to adoption and foster care only

Background Checks Ch. DCF 12 Admin. Code Specifies caregiver background check requirements Background Information Disclosure form (BID) Requires use of the DCF form: https://dcf.wisconsin.gov/files/forms/doc/2978.docx Expires after 120 days Household members are required to complete a BID age 12+ Refer to BID

Background Checks Ch. DCF 12 Admin. Code Offenses that are a bar: 5- Year Bar Interpretation: Offenses that are a 5-year bar, will remain a bar to eligibility after the 5-year period, unless the person receives rehabilitation approval. The 5-year period is a waiting period before a person may request a rehabilitation review. This applies to all new licenses and license renewals. 5 years from the date of the offense Refer to Barred Crimes List No expedited process

Rehabilitation Reviews Rehabilitation Reviews, sections: DCF 12.10, 12.11, 12.12, 12.13, 12.14, 12.15, and 12.16 What is a rehabilitation review? Opportunity for a caregiver or non-client resident to provide clear and convincing evidence that a repeat of the conduct that led to the conviction or finding is not likely and children will remain safe under their care. Lifts the bar to licensure, if approved. Does not remove or overturn the underlying offense or conviction. Can be withdrawn if the conditions are violated. If the person commits a new barred crime or offense, they must complete a new rehabilitation review. Refer to Ch. 12

Rehabilitation Reviews When is a rehabilitation review required? When there is a barred offense to: New foster home licenses Including licenses issued for adoption approval. Renewed foster home licenses Including license renewals issued for adoption approval. Prospective adoptive parents being approved for an adoption of a special needs child under WI Admin. Code Ch. 51. A new non-client resident moves into a licensed foster home A new employee in a level 5 foster home Discuss committing new offense requires a new rehab review

Rehabilitation Reviews Who conducts the Rehabilitation Review? The agency or entity granting the regulatory approval conducts the rehabilitation review. Rehabilitation reviews may be conducted by: The Department of Children and Families; OR The agency issuing the foster home license and/or approving the adoption.

Rehabilitation Reviews DCF Rehabilitation Review When does DCF conduct the rehabilitation review? Foster home licenses issued on behalf of Public Adoption and DMCPS Adoption approvals by DCF or agencies that DCF contracts with Employment in a level 5 foster home Remember: Foster homes with placement of a child for adoption through Public Adoption who are not licensed by the State, are required to have a rehabilitation review for adoption approval. If the previous rehabilitation review did not include the adoption approval by the State, then a new rehabilitation review must be completed by DCF.

Rehabilitation Reviews Agency Rehabilitation Review When does the county or child placing agency conduct the rehabilitation review? Foster home licenses issued by the county or child placing agency Including foster home licenses issued for the purpose of adoption approval. Adoption approvals, only if the agency has the regulatory approval to approve adoptive homes

Rehabilitation Reviews DCF Rehabilitation Reviews What is the process? Eligible applicant submits the Rehabilitation Review Application (DCF-F-419) and any supporting documents within 90 days after the application is received, or the application may be denied. Under DCF 12.13(1), there is an exception to the 90-day timeline with good cause explanation Agencies can assist applicants in filling out the application and submitting all supporting documents required on page 8 of the application (see handout) to DCF. If the agency is completing the rehabilitation review, it is not recommended that the agency provide anything beyond technical assistance to the applicant. If the agency is referring the applicant to DCF for the rehabilitation review, the agency can be one of the applicant’s character references. Refer to Rehab Review Application Note: Agency can submit background checks on behalf of the applicant. Background checks should not be outdated/should be recent.

Rehabilitation Reviews DCF Rehabilitation Reviews Note: Not everyone will have each of these documents and that is okay

Rehabilitation Reviews DCF Rehabilitation Reviews What is the process? Rehabilitation Review Application (DCF-F-419) Note: If it is anticipated that the applicant will be applying for adoption approval in the future, it is recommended that the applicant select both “foster parent licensure” and “adoption home study” on page 2 of the application (see handout).

Rehabilitation Reviews DCF Rehabilitation Reviews: What is the process? Review panel selected: At least 2 people DCF 12.13(2) Admin. Code: Does not specify who should be on the panel, but the Department recommends individuals familiar with the type of regulatory approval applied for. The Department tries to avoid the appearance of a conflict by not having panel members be the same as those making the final licensing decision. This is not specified in rule. Date scheduled and panel meeting held DCF 12.13(3) Admin. Code: The applicant is not required to appear, but must be given the opportunity. The applicant can appear by phone.

Rehabilitation Reviews DCF Rehabilitation Reviews: What is the process? The Panel shall consider at least the following factors per DCF 12.13, as applicable: Personal references and comments from those familiar with the applicant Successful completion of parole, supervision, probation, incarceration, etc. Investigation or enforcement actions Subsequent contacts with law enforcement Circumstances surrounding the barred offense Evidence of rehabilitation Age of the person at the time of the offense and the time between the offense and rehabilitation Whether the applicant is on the sexual offender registry Victim’s impact statement

Rehabilitation Reviews DCF Rehabilitation Reviews: What is the process? The Panel shall consider at least the following factors per DCF 12.13, as applicable, continued: Employment history Nature and scope of the person’s contact with children Degree of the person’s direct supervision Opportunity to commit a similar offense as a foster parent Number, type, and pattern of offenses Successful participation in or completion of rehabilitation, treatment, or programs Unmet treatment needs The person’s veracity

Rehabilitation Reviews DCF Rehabilitation Reviews: What is the process? Review Panel Decision: Approval, Denial, Deferral The decision must be in writing and clearly indicate what type of entity the decision applies to. Reminder: An agency may grant rehabilitation approval only within the scope of its regulatory authority.

Rehabilitation Reviews DCF Rehabilitation Reviews: What is the process? Review Panel Decision: Approval Approval: With or without limits/conditions: DCF includes the following conditions on all letters of approval in addition to any other conditions: The grant of approval may be withdrawn for any of the following reasons: If, subsequent to rehabilitation approval, you commit a crime, act, or offense that is barred. If you knowingly withheld pertinent information that could or would have affected the Review Panel’s decision to approve the rehabilitation review request. If you knowingly submitted false information relevant to the rehabilitation review request that could or would have affected the Review Panel’s decision to approve your rehabilitation review request. Note: These conditions are not required by rule, but are useful if the agency chooses to withdraw approval in the future. Realistic conditions Interpret another agency’s conditions

Rehabilitation Reviews DCF Rehabilitation Reviews: What is the process? Review Panel Decision: Denial Denial: Must include reason for denial Notice that the individual has the right to appeal Must appeal in writing within 10 days of the date of the decision Applicant cannot submit new evidence as part of the appeal Applicant bears burden of providing proof that the rehab review panel abused its discretion Summary of appeal process; see DCF 12.14: CPA appeals go to DCF County appeals go to the director of the appropriate county department or designee DCF 12.11(1)(c): Ineligible to reapply for the same type of rehabilitation approval for 12 months Discuss 2nd appeals

Rehabilitation Reviews DCF Rehabilitation Reviews: What is the process? Review Panel Decision: Deferral Deferral: Up to 6 months to: Gather additional information, Complete training, or Any other reasons requested by the panel Must be in writing and must include the date the panel will reconvene to review the new information. Can be more than 6 months if the person who is subject to the rehab review agrees to a longer time period.

Rehabilitation Reviews DCF Rehabilitation Reviews: Additional Information Withdrawal, DCF 12.15(2) Admin. Code The agency may withdraw the rehabilitation approval if either of the following apply: The person failed to comply with the conditions of the approval. The person knowingly submitted false information or withheld information that would have impacted the panel’s decision. The withdrawal notice must be in writing: Reason for withdrawal and appeal rights If another entity or agency becomes aware that the person violated the conditions of approval, they should inform the agency that granted the approval. If the agency withdraws approval, must notify DCF immediately. Note: If the person commits a new barred crime or offense under 48.685, they must go through a new rehabilitation review process in order to be licensed.

Rehabilitation Reviews DCF Rehabilitation Reviews: Additional Information Permissive Acceptance DCF 12.16 Admin. Code: IBIS background checks include information regarding prior rehabilitation reviews An agency may accept the rehabilitation approval granted by another agency Not required to accept Can only accept for the same type of approval If agency accepts it, they must also enforce any conditions If the agency does not accept the rehabilitation approval granted by another agency, then: Must inform person that they are not accepting the approval; and Inform the person that they have the right to submit an application for a new rehabilitation review

Rehabilitation Reviews Agency Rehabilitation Reviews Additional Information: Agencies follow the same process as described for DCF rehabilitation reviews Agencies must also submit the following forms to DCF after the rehabilitation review is complete: Rehabilitation Review Panel Decision Report with Instructions: https://dcf.wisconsin.gov/files/forms/doc/418.docx Rehabilitation Review Appeals Report with Instructions: https://dcf.wisconsin.gov/files/forms/doc/2857.docx Note: The Rehabilitation Review Request Number (RRRN) consists of: the 4 digit year in which the application was received; a 3 digit number in sequential numerical order; an agency acronym; and the agency number (i.e. eWiSACWIS provider ID # for CPAs and the county code for county agencies). Refer to forms: Rehab Review Panel Decision Report Rehab Review Appeals Report

Rehabilitation Reviews Rehabilitation Reviews Resources DCF Rehabilitation Review Coordinator: DCFMBREHAB@wi.gov (608) 422-7041 Forms: DCF-F-419: Rehabilitation Review Application and Application Instructions: https://dcf.wisconsin.gov/files/forms/doc/419.docx DCF-F-2978: Background Information Disclosure (BID) form: https://dcf.wisconsin.gov/files/forms/doc/2978.docx DJ-LE-250: Wisconsin Criminal History Single Name Record Request form: https://www.doj.state.wi.us/sites/default/files/dles/cib-forms/record-check-unit/DJ-LE-250-single.pdf DCF-F-418: Rehabilitation Review Panel Decision Report with Instructions: https://dcf.wisconsin.gov/files/forms/doc/418.docx DCF-F-2857: Rehabilitation Review Appeals Report with Instructions: https://dcf.wisconsin.gov/files/forms/doc/2857.docx

Questions

Contact Information Rehabilitation Review Coordinator Department of Children and Families DCFMBREHAB@wi.gov (608) 422-7041 Lindsay Wood Out-of-Home Care Specialist Lindsay.Wood@wisconsin.gov (608) 422-6937 Jennifer Wakerhauser Attorney – Office of Legal Counsel Jennifer.Wakerhauser@wisconsin.gov (608) 422-7046