Wisconsin Background Check and Misconduct Investigation Program: Criminal Convictions Requiring Notifications to Clients or Guardians (P-03164)

What this rule requires your agency to do

• 1The notification requirement applies when all of these are met: the provider is an entity that employs/contracts a caregiver; the caregiver is not a substitute caregiver; the caregiver provides personal care services in the client's residence; the caregiver has a conviction requiring notification; and the conviction does not otherwise prohibit employment/contracting.(Wisconsin Background Check and Misconduct Investigation Program: Criminal Convictions Requiring Notifications to Clients or Guardians (P-03164))
• 2The notification must include the caregiver's Criminal History Record from the WI DOJ WORCS system; information regarding any pending charges or Conviction Requiring Notification; whether the caregiver has Rehabilitation Review approval from DHS; Misconduct Registry findings of abuse/neglect/misappropriation; any final child abuse/neglect determination; and any denial of a license/certification or of employment/contract/residence at an entity.(Wisconsin Background Check and Misconduct Investigation Program: Criminal Convictions Requiring Notifications to Clients or Guardians (P-03164))
• 3Entities that intend to place a caregiver in a client's residence must provide written notifications to the client or their guardian when the caregiver has been convicted of certain enumerated crimes (per s. 50.065(2m), Wis. Stats., and DHS 12.115).(Wisconsin Background Check and Misconduct Investigation Program: Criminal Convictions Requiring Notifications to Clients or Guardians (P-03164))
• 4The written notifications and information must be provided to the client or guardian (1) before the caregiver provides services and (2) whenever the entity conducts a 4-year caregiver background check renewal.(Wisconsin Background Check and Misconduct Investigation Program: Criminal Convictions Requiring Notifications to Clients or Guardians (P-03164))
• 5The notification must inform the client that, for a fee, the WI DOJ performs a criminal history record search, and that the entity is not required to provide the disclosures for a substitute caregiver assigned when the regularly assigned caregiver is unavailable.(Wisconsin Background Check and Misconduct Investigation Program: Criminal Convictions Requiring Notifications to Clients or Guardians (P-03164))
• 6Entities must first verify the individual's eligibility for employment or contract by conducting a caregiver background check and reviewing Offenses Affecting Eligibility.(Wisconsin Background Check and Misconduct Investigation Program: Criminal Convictions Requiring Notifications to Clients or Guardians (P-03164))