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

2. 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

3. Background Checks Ch. DCF 12 Admin. Code
Specifies caregiver background check requirements
Background Information Disclosure form (BID)
Requires use of the DCF form:
Expires after 120 days
Household members are required to complete a BID age 12+
Refer to BID

4. 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

5. 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Can be withdrawn if the conditions are violated.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

6. 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

7. 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.

8. 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.

9. 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

10. 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.

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

12. 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).

13. 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.

14. 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

15. 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

16. 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.

17. 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

18. 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

19. 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.

20. 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 , they must go through a new rehabilitation review process in order to be licensed.

21. Rehabilitation Reviews
DCF Rehabilitation Reviews:
Additional Information
Permissive Acceptance
DCF 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

22. 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:
Rehabilitation Review Appeals Report with Instructions:
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

23. Rehabilitation Reviews
Rehabilitation Reviews Resources
DCF Rehabilitation Review Coordinator:
(608)
Forms:
DCF-F-419: Rehabilitation Review Application and Application Instructions:
DCF-F-2978: Background Information Disclosure (BID) form:
DJ-LE-250: Wisconsin Criminal History Single Name Record Request form:
DCF-F-418: Rehabilitation Review Panel Decision Report with Instructions:
DCF-F-2857: Rehabilitation Review Appeals Report with Instructions:

24. Questions

25. Contact Information
Rehabilitation Review Coordinator
Department of Children and Families
(608)
Lindsay Wood
Out-of-Home Care Specialist
(608)
Jennifer Wakerhauser
Attorney – Office of Legal Counsel
(608)