Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
Under the background check law, any criminal offense involving fraudulent activity as a participant in Wisconsin Works Program is listed under “Other Criminal Offenses” on the Barred Offenses Table. Fraudulent activity may involve:
Child care subsidies
Aid to Families with Dependent Children (AFDC)
Medical assistance
Food stamp benefits
Supplemental Security Income (SSI)
Badger Care
Previously, all convictions under Chapter 49 of the Wisconsin Statutes were classified as barred offenses. After review of several cases, however, the DCF Office of Legal Counsel offered additional guidance, specifying that some convictions under Wis. Stat. § 49 are not fraud convictions and only convictions considered fraudulent are permanent bars.
A conviction of public assistance fraud does not automatically signify intent. For a conviction to be considered fraudulent the person must have had knowledge that what they were doing was wrong and that they intended to do so. The CBU must investigate these convictions through careful review of the police records and criminal complaint to determine whether or not the offense is fraudulent before an ineligibility determination is made or before an enforcement action, up to and including denial or revocation, or a stipulation can be issued due to a conviction under Chapter 49.
Some public welfare cases are very old and the records are no longer available. In these cases, the statute language can be found at http://www.legis.state.wi.us/rsb/wislawarc.htm.
This page last updated 10/2019.