3. Professional Licensing
B. Licensing for Child Care and Child Welfare Agencies
A. Licensing in General
More than 200 professions require licenses through the Wisconsin Department of Safety and Professional Services (DSPS). They include accountants, plumbers, electricians, barbers, cosmetologists, dentists and hygienists, engineers, funeral directors, martial arts instructors, nurses, doctors and many other health professionals, social workers, substance abuse counselors and welders. Other departments also license and regulate various professions. The Department of Public Instruction (DPI) licenses education professionals; the Department of Revenue (DOR) regulates businesses selling alcoholic beverages and tobacco; DCF regulates child care centers and staff, as well as residential child welfare entities such as group homes, foster homes and residential treatment centers; and DHS regulates caregiver licensing as well as hospitals, nursing homes, adult family homes, hospices, assisted living facilities, and other care providers.
Wis. Stat. § 111.335(4)(b) prohibits any licensing agency from refusing a license, or suspending a license, based on a delinquency adjudication, unless the adjudication was for an “exempt offense.” Exempt offenses are defined as any violation of Chapter 940, and various violations of Chapter 948.³⁵ Wis. Stat. § 111.335(1m)(b). The one major exception to this rule is by DCF. By statute, child care and child welfare licenses can be denied based on delinquency adjudications. DCF licensing is discussed in subsection B.
In practice, “criminal background” forms for the DSPS, DPI and DHS do not ask applicants to disclose juvenile adjudications for licensing, and the DOJ does not provide delinquency records when those agencies do background checks. See WSPS form 2252³⁶, 2253³⁷, 2254³⁸ and 3085³⁹. The WSPS forms ask only if an applicant has been “convicted” and the FAQs information specifies that the conviction request refers to “in adult court.”
The same advice is given by DPI with regard to its criminal background questions for teacher licensing. Specifically, “Juvenile adjudications do not need to be disclosed on your application form. However, if you were prosecuted as an adult for an offense waived into adult court, you must report that information.”⁴⁰ The DPI criminal background questions (called the "Conduct and Competency Questions,") ask if the applicant has ever been required to register with a state or federal sex offender registration program.⁴¹ That question seems to include registration ordered by a juvenile court.
The DHS Licensing Form, F-82064,⁴² asks if the applicant has “any criminal charges pending,” and if the applicant has ever been “convicted” of a crime. When DHS sends a background check request to the DOJ does not include delinquency adjudications in its response.
DOR, which establishes standards for local governments to issue licenses for alcohol establishments and bartender licenses also asks about “convictions,” not adjudications, although there is an additional category for being a “habitual law offender.”⁴³ The interpretation of that standard is up to the local government authority.
B. Licensing for Child Care and Child Welfare Agencies
DCF is the licensing agency for group homes, shelter care facilities, and child welfare agencies (residential care centers). Wis. Stat. § 48.66. It also licenses child placing agencies. Wis. Stat. § 48.60. DCF is prohibited from issuing a license for agencies or facilities if the licensee has been adjudicated delinquent or if a delinquency petition is pending for one of the many “serious crimes'' listed in Wis. Stat. § 48.685(1)(c).⁴⁴ Wis. Stat. § 48.685(4m)(a), Wis. Admin. Code DCF Ch. 12, DCF-F-2978⁴⁵.
Similarly, Wis. Stat. § 48.686(4m) regulates child care centers, stating that a licensing agency cannot issue a license to someone who has been adjudicated delinquent or has a pending delinquency petition for one of the even-longer list of serious crimes in Wis. Stat. § 48.686(1)(c)⁴⁶, or if they are registered as a sex offender. Wis. Admin. Code Ch. DCF 13, DCF-F-5296⁴⁷.
In general, a licensee operates a facility. A person does not need to be licensed to be an employee of a facility, but the bars to licensure may also serve as bars to employment. For both child welfare agency licensing and child care licensing, the statutes prohibit licensees from employing or contracting with a person who has been adjudicated delinquent for a “serious crime.”⁴⁸ They also prohibit licensees from having a household member reside at the child care program, or congregate care facility, if that household member is age 10 or older and has been adjudicated delinquent, or has a pending delinquency petition for a serious crime, or is registered as a sex offender. Wis. Stat. §§ 48.685(4m)(b), 48.686(4m)(a).
An applicant for an agency license or a “congregate care” license who has an adjudication for a “serious crime” has an opportunity to show, by clear and convincing evidence, that he or she has been rehabilitated. Wis. Stat. § 48.685(5)(a), See Residential Care Centers, Group Homes, Shelter Care Facilities, and Child-Placing Agencies Barred Crimes Under Section 48.685 Stats.⁴⁹ For child care licenses, some of the “serious crimes” are a permanent bar. For others, the applicant may show rehabilitation after five years. Wis. Stat. § 48.686(5)(a), See “Barred Offenses - Regulated Child Care.”⁵⁰
³⁵ Wis. Stat. §§ 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08. 948.085, 948.095.
³⁶ Convictions and Pending Charges Form, #2252, Rev. Date 12/30/2021, State of Wisconsin, Department of Safety and Professional Services, <https://dsps.wi.gov/Credentialing/General/FM2252.pdf>
³⁷ Barbering and Cosmetology Convictions, Form # 2253, Rev. Date 12/30/2021, State of Wisconsin, Department of Safety and Professional Services, <https://dsps.wi.gov/Credentialing/Business/fm2253.pdf>
³⁸ Convictions and Pending Charges, Form # 2254, Rev. Date 12/30/2021, State of Wisconsin, Department of Safety and Professional Services, <https://dsps.wi.gov/Credentialing/General/Fm2254.pdf >
³⁹ Application for Predetermination, Form # 3085, Rev. Date 2/28/202, State of Wisconsin, Department of Safety and Professional Services, <https://dsps.wi.gov/Credentialing/General/fm3085.pdf >
⁴⁰ Frequently Asked Questions-Background check, retrieved 3/19/2022, Wisconsin Department of Public Instruction, <https://dpi.wi.gov/licensing/background-check/faq>
⁴¹ Licensing Resource, June 2020, Wisconsin Department of Public Instruction, <https://dpi.wi.gov/sites/default/files/imce/licensing/pdf/Preview_CC.pdf>
⁴² Background Information Disclosure, F-82064, 1/2022, Wisconsin Department of Health Services, Licensing Resource, June 2020, Wisconsin Department of Public Instruction, <https://dpi.wi.gov/sites/default/files/imce/licensing/pdf/Preview_CC.pdf>, <https://www.dhs.wisconsin.gov/forms/f8/f82064.pdf>
⁴³ Operators, Licenses Alcohol Beverages Fact Sheet 3104, Rev. Date 8/20/2018,State of Wisconsin Department of Revenue, <https://www.revenue.wi.gov/DOR%20Publications/3104OperatorsLicenses.pdf>
⁴⁴ “Serious crime" means any of the following: 1) A violation of s. 940.19 (3), 1999 stats; 2) A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5), or (6), 940.198 (2), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53; 3) A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
⁴⁵ Background information disclosure, DCF-F-2978-E, Rev. Date 8/2019, Wisconsin Department of Children and Families, <https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fdcf.wisconsin.gov%2Ffiles%2Fforms%2Fdoc%2F2978.docx&wdOrigin=BROWSELINK >
⁴⁶ “Serious crime" means any of the following: 1) A violation of s. 940.12, 940.22 (2) or (3), 940.285 (2), 940.29, 940.295, or 942.09 (2); 2) A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies; 3) An offense under ch. 948 that is a felony, other than a violation of s. 948.22 (2); 4) A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (4), (5), or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person; 5) A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.02, 943.03, 943.04, 943.10 (2), 943.32 (2), 948.081, 948.21, 948.215, or 948.53 (2) (b) 1; 6)Only for a caregiver, as defined in par. (ag) 2., a violation of s. 943.201, 943.203, or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under subch. IV of ch. 943 that is a felony; 7) A violation of sub. (2) or s. 48.685 (2), (3), (4m) (b), or (6), 2015 stats., if the violation involves the provision of false information to or the intentional withholding of information from, the department, a county department, an agency contracting under s. 48.651 (2), a school board, or a child care program; 8) An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, or health care benefits under the Badger Care health care program under s. 49.665; 9) A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.204, 940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony; 10) A violation of s. 948.22 (2), unless the person has paid all arrearages due and is meeting his or her current support obligations; 11) A violation of the law of any other state or United States jurisdiction that would be a violation listed in subd. 1. to 10. if committed in this state; 12) A violation of the laws of another state or United States jurisdiction that if committed in this state would constitute felony battery under s. 940.19 (2), (4), (5), or (6), 940.20, or 940.204, a felony offense of domestic abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a violation of s. 940.225 if the victim was a child.
⁴⁷Background Check Request, DCF-F-5296-E, Rev. Date 10/2019, Wisconsin Department of Children and Families, <https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fdcf.wisconsin.gov%2Ffiles%2Fforms%2Fdoc%2F5296.docx&wdOrigin=BROWSELINK>
⁴⁹Residential Care Centers, Group Homes, Shelter Care Facilities, and Child-Placing Agencies Barred Crimes Under Section 48.685 Stats., retrieved 3/19/2022,Wisconsin Department of Children and Families <https://dcf.wisconsin.gov/files/cwlicensing/pdf/cwbarredcrimes.pdf>
⁵⁰Barred Offenses - Regulated Child Care, Effective July 19 2019, Rev. 10/2019, Wisconsin Department of Children and Families, <https://dcf.wisconsin.gov/files/publications/pdf/5206.pdf>
