reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.05 - Background check

Current through June 24, 2024
(1) WHEN CONDUCTED.
(a)
Mandatory.
1. 'Application.' Within 10 working days
				after receiving a complete application as specified under s. DCF 58.08 (1), the
				kinship care agency shall begin the background check of the relative caregiver
				and any adult residents, prospective adult residents, employees, or prospective
				employees under s.
				48.57(3p),
				Stats., and this section.
2.
				'Prospective adult resident or employee.' Within 10 working days after
				receiving notice from a relative caregiver of a prospective employee,
				prospective adult resident, or new adult resident, the kinship care agency
				shall begin the background check of the prospective employee, prospective adult
				resident, or adult resident under s.
				48.57(3p),
				Stats., and this section.
Note:
See the definitions of "adult resident"
				  and "employee" in s. DCF 58.02 (1) and (13).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.06 - Best interests of the child

Current through June 24, 2024
(1) CRITERIA FOR
				BEST INTEREST DETERMINATION.
(a)
Kinship care.
For kinship care eligibility, the kinship care
				agency shall determine if living with the relative caregiver is in the best
				interests of the child based on the criteria in this section, unless an
				exception in par. (c) applies.
(b)
Long-term kinship care.
For long-term kinship care
				eligibility, the kinship care agency shall determine if living with the
				relative caregiver on a long-term basis is in the best interests of the child
				based on the criteria in subs. (2) to (4), unless the exception in par. (c) 2.
				applies.
(c)
Presumption of
				best interests.
Notwithstanding par. (a) or (b), the kinship care
				agency shall presume it is in the child's best interests to live with the
				relative caregiver if any of the following conditions is met:
1. `Court order.' The child was placed in the
				home of the relative caregiver under a court order or a voluntary
				transition-to-independent-living agreement, and a child welfare agency has
				placement and care responsibility for the child.
Note:
The child welfare agency with placement
				  and care responsibility continues to be responsible for managing the safety of
				  the out-of-home care placement.
2. `Recent court order.' The kinship care
				agency is determining the relative caregiver's eligibility for voluntary
				kinship care or long-term kinship care within 6 months after a court order or
				voluntary transition-to-independent-living agreement placing the child in the
				relative caregiver's home expired or was terminated.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.07 - Need for protection or services

Current through June 24, 2024
(1) KINSHIP CARE.
				When determining the eligibility of a relative caregiver to receive kinship
				care payments, the kinship care agency shall determine if any of the following
				conditions is met:
(a)
Court
				order.
The child has been placed with the relative caregiver by a
				court order under s.
				48.13
				or
				938.13,
				Stats., or a substantially similar tribal court order.
(b)
Voluntary kinship care.
1. If par. (a) does not apply, the kinship
				care agency determines any of the following:
a. The child meets one or more of the grounds
				or conditions under s.
				48.13
				or
				938.13,
				Stats.
b. There is a reasonable
				probability that the child would be at risk of meeting one or more of the
				grounds or conditions under s.
				48.13
				or
				938.13,
				Stats., if the child were to remain in the parent's home.
c. If the child is 18 years of age or over,
				there is a reasonable probability that the child would meet or be at risk of
				meeting one or more of the grounds or conditions under s.
				48.13
				or
				938.13,
				Stats., if the child were under 18 years of age and in the parent's
				home.
2. The kinship care
				agency shall base a determination involving reasonable probability under subd.
				1. b. or c. on any of the following:
a. The
				kinship care agency, court, or a tribal court has made a similar determination
				about the child or a sibling of the child within the previous 12
				months.
b. Evidence of behavior by
				the child or a parent of the child that if increased in degree, could meet one
				or more of the grounds or conditions under s.
				48.13
				or
				938.13,
				Stats.
c. A parent of the child has
				made threatening and credible statements that, if carried out, could meet one
				or more of the grounds or conditions under s.
				48.13,
				Stats.
d. Information provided by
				the relative caregiver, a parent of the child, or any other credible person
				supports a determination that the circumstances in the child's home could
				result in the child being at risk of meeting one or more of the grounds or
				conditions under s.
				48.13
				or
				938.13,
				Stats., if the child were to remain in the home.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.08 - Agency procedures

Current through June 24, 2024
(1) APPLICATION.
(a)
Complete application.
A
				kinship care agency shall consider a relative caregiver's application for
				kinship care payments or long-term kinship care payments to be complete when
				the agency has received all of the following from the relative caregiver:
1. All information required on the
				application form prescribed by the department under s. DCF 58.04 (1).
2. All information that a relative caregiver
				is required to provide for background checks under s. DCF 58.05
				(3).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.09 - Special provisions for court-ordered kinship care and long-term kinship care

Current through June 24, 2024
(1) PAYMENTS PENDING DECISION ON FOSTER CARE
				APPLICATION. In this section: Subject to subs. (2) and (3), a kinship care
				agency may make kinship care payments or long-term kinship care payments to a
				relative caregiver that is providing care and maintenance for a child who is
				placed in the home of the relative caregiver under a court order or a voluntary
				transition-to-independent-living agreement until the earlier of the following:
(a) The date that is 60 days after the date
				on which the kinship care agency received the complete application of the
				relative caregiver for a license to operate a foster home under ss.
				DCF
				58.04(1) and 58.08(1) (a).
(b) The date on which the application for a
				license to operate a foster home is approved or denied or the relative
				caregiver is otherwise determined to be ineligible for licensure, if the
				application is approved or denied or the relative caregiver is otherwise
				determined to be ineligible for licensure within those 60 days.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.10 - Change in circumstances

Current through June 24, 2024
(1) NOTIFICATION REQUIREMENTS.
(a) A relative caregiver shall notify the
				kinship care agency within 5 working days after the date that any of the
				following occur:
1. The relative caregiver and
				child move to a new residence.
2.
				The relative caregiver or a prospective employee, employee, prospective adult
				resident, or adult resident is the subject of an investigation or final
				substantiated finding that the person has abused or neglected a
				child.
3. The relative caregiver or
				a prospective employee, employee, prospective adult resident, or adult resident
				is arrested for, charged with, or convicted of any crime.
4. The child has a new caregiver.
5. The child is no longer living with the
				relative caregiver.
6. The child is
				married.
7. The child enters the
				military.
8. The child is
				deceased.
9. The child graduates,
				completes, or drops out from a full-time, kindergarten to 12th grade
				educational program or its equivalent, and the child is 18 years of age or
				older.
10. An individualized
				education program under s.
				115.787,
				Stats., is no longer in effect for the child, and the child is 18 years of age
				or older.
11. The relative
				caregiver is no longer supporting the child.
12. The child's parent is residing with the
				relative caregiver and the child.
13. The child is placed outside the relative
				caregiver's home under a court order, voluntary placement agreement, or a
				voluntary transition-to-independent-living agreement.
14. The child is placed in the relative
				caregiver's home under a court order or a voluntary
				transition-to-independent-living agreement.
15. The relative caregiver is appointed the
				child's guardian under s.
				48.977,
				Stats., or a tribal court order that is substantially similar to an order under
				s.
				48.977,
				Stats.
16. The relative caregiver's
				guardianship order under s.
				48.977,
				Stats., or a tribal court order that is substantially similar to an order under
				s.
				48.977,
				Stats., terminates.
17. The
				relative caregiver begins receiving foster care payments under s.
				48.62(4),
				Stats., or from another jurisdiction.
18. The relative caregiver begins receiving
				subsidized guardianship payments for care of the child under s.
				48.623,
				Stats., or comparable payments from another jurisdiction.
19. The child begins receiving supplemental
				security income under
				42 USC
				1381 to
				1383c
				or state supplemental payments under s.
				49.77,
				Stats., due to the child's own disability.
20. A person residing in the relative
				caregiver's home no longer meets the definition of "child" under s. DCF 58.02
				(4).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.11 - Appeal rights

Current through June 24, 2024
(1) KINSHIP CARE; DIRECTOR REVIEW OF
				BACKGROUND CHECK DENIAL.
(a)
Request
				for review.
1. A relative caregiver
				applying for or receiving kinship care payments may submit a request for review
				by the director of the kinship care agency if the relative caregiver receives a
				written notice of any of the following:
a.
				Kinship care payments are denied or terminated because the background check of
				the relative caregiver indicates a conviction or imposition of a penalty
				specified under s.
				48.57(3p)
				(g), Stats., and s.
				DCF
				58.05(6).
b. The background check of a prospective
				adult resident, adult resident, prospective employee, or employee indicates a
				conviction or imposition of a penalty specified under s.
				48.57(3p)
				(g), Stats., and s.
				DCF
				58.05(6), and kinship care payments
				will be denied or terminated if the relative caregiver permits the prospective
				adult resident to reside in the relative caregiver's home, continues to permit
				the adult resident to reside in the relative caregiver's home, employs the
				prospective employee, or continues to employ the employee.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.12 - Procedures for requesting an exemption for good cause to the requirement for cooperation in securing child support

Current through June 24, 2024
(1) DEFINITIONS. In
				this section:
(a) "Emotional harm" means that
				the child or relative caregiver is emotionally impaired to an extent that
				substantially affects the child's or relative caregiver's
				functioning.
(b) "Serious nature"
				means:
1. In reference to a relative
				caregiver, that the physical or emotional impairment is or will affect the
				relative caregiver's capacity to care for the child.
2. In reference to a child, that the physical
				or emotional impairment is or will affect the child's emotional, mental, or
				physical functioning.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.01 - Introduction

Current through June 24, 2024
(1) PURPOSE. The purpose of this chapter is
				to protect and promote the health, safety and welfare of children in shelter
				care facilities.
(2) TO WHOM THE
				RULES APPLY. This chapter applies to all persons making application to the
				department for a license to provide shelter care.
(3) RESPONSIBILITY OF THE DEPARTMENT. The
				department shall evaluate the applicant, issue a license if the applicant is
				qualified, and supervise the licensee to ensure continued compliance with this
				chapter.
(4) EXCEPTION TO RULES.
				The department may make exceptions to any of the rules for licensing shelter
				care facilities when the department is assured that granting such exceptions is
				not detrimental to the health, safety and welfare of children in shelter care,
				except that exceptions may not be made to s.
				DCF 59.03(2)
				(b) or to s.
				DCF
				59.05(2) or (3).
(5)
(a)
				COMPLIANCE WITH ADMINISTRATIVE RULES AND LAWS. A person who is licensed under
				this chapter shall operate the shelter care facility in compliance with this
				chapter, the provisions of the license, and applicable state, federal, and
				local law.
(b) A shelter care
				facility for more than 8 children shall comply with the Wisconsin Commercial
				Building Code and applicable local ordinances.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.03 - Administration and management

Current through June 24, 2024
(1) PUBLICLY
				OPERATED FACILITIES.
(a)
Application.
1.
a. A county wanting to operate a public
				shelter care facility, including a hold-over room, shall apply to the
				department for a license on forms provided by the department. The application
				shall be signed by the chairperson of the county board of supervisors and the
				presiding juvenile court judge. A hold-over room license applicant shall be a
				county department under s.
				46.15,
				46.22 or
				46.23,
				Stats., or a county sheriff's department, as designated by the chairperson of
				the county board and the judge of the juvenile court.
Note:
An application for a license may be
				  obtained by writing or telephoning any field office listed in Appendix
				  A.
b. Except in the case of
				a hold-over room, 2 or more counties may cooperate to provide shelter care. A
				joint application shall be signed by the chairperson of the county boards of
				supervisors and the presiding juvenile court judges for all of the cooperating
				counties.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.05 - Child care

Current through June 24, 2024
(1) APPLICABILITY. This section applies to
				all shelter care facilities except that only the provisions of subs. (1m), (3)
				(a), (4) (a) to (d), (5), (6), (9), (10) (a) and (11) to (14) apply to
				hold-over rooms.
(1m) ADMISSION TO
				SHELTER CARE. A child may not be received into shelter care, including into a
				hold-over room, unless the child has been found eligible for placement by the
				juvenile court judge or a court intake worker designated by the
				judge.
(2) AGE OF CHILDREN IN
				SHELTER CARE. No child under 10 may be kept in a shelter care facility unless
				written approval is given by the department within 48 hours after admission
				excluding weekends and holidays. Children under age 10 shall not be kept in
				shelter care for more than 7 days per episode.
(3) TIME LIMITS.
(a) A hold-over room may not hold a child for
				more than 24 hours, except that a hold-over room may hold a child placed in the
				hold-over room on a Friday afternoon or evening or over the weekend until the
				court hearing the following Monday provided that the hold-over room immediately
				notifies the appropriate division of community services licensing office by
				telephone or fax of the placement and supplies the following information
				related to the placement:
1. Date and time of
				child's admission to the hold-over room and date and time of next scheduled
				court hearing.
2. Name and age of
				child and reason why the child was taken into custody.
3. Explanation of why a weekend stay in the
				hold-over room is necessary which may be because of the unavailability of a
				shelter care facility in a bordering county or inability to return the child to
				the parental home or other reason.
4. Names of staff and their work schedules
				covering the weekend along with indoor and outdoor activities planned for the
				child during the child's weekend stay.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.055 - Promoting normalcy

Current through June 24, 2024
(1) SIMILAR TO PEERS. A shelter care facility
				shall promote normalcy and the healthy development of a child placed in the
				shelter care facility by supporting the child's right to participate in
				extracurricular, enrichment, cultural, and social activities and have
				experiences that are similar to those of the child's peers of the same age,
				maturity, or development.
(2) RPPS
				DECISION MAKER.
(a) A shelter care facility
				shall ensure the presence on-site of at least one RPPS decision maker at all
				times to make decisions regarding the participation of a child placed in the
				shelter care facility in age or developmentally appropriate extracurricular,
				enrichment, cultural, and social activities.
(b) An RPPS decision maker may be the
				licensee, authorized representative of the licensee, unit supervisor, or
				shelter care worker.
(c) An RPPS
				decision maker shall have knowledge of a child and access to the child's
				records in s.
				DCF 59.07(1)
				(a) related to the decision-making factors in
				sub. (4).
(d) An RPPS decision
				maker shall document in the communication log under s.
				DCF 59.057 all
				requests and decisions made under this section for activities that do not take
				place in the shelter care facility and are not supervised by a shelter care
				worker, relief help, volunteer, or unit supervisor.
(e) An RPPS decision maker shall document on
				a form prescribed by the department any decision made under this section that
				requires written permission from the shelter care facility in lieu of the
				child's parent or guardian. The completed form shall be placed in the child's
				record under s.
				DCF 59.07.
Note:
DCF-F-5124-E,
Reasonable and
				  Prudent Parent Decision Record
, is available in the forms section of
				  the department website at http://dcf.wisconsin.gov or by writing the Division
				  of Safety and Permanence, P.O. Box 8916, Madison, WI
				  53708-8916.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.057 - Communication log

Current through June 24, 2024
(1) A shelter care facility shall require
				each shift of shelter care workers and RPPS decision makers to use a
				communication log to document and communicate with other shelter care workers
				and RPPS decision makers about children whom they supervise in common. The
				communication log shall include all of the following for each shift:
(a) Each child's location and
				behavior.
(b) Significant incidents
				involving a child.
(c) Reasonable
				and prudent parenting all requests and decisions made for children under s.
				DCF 59.055 for
				activities that do not take place in the shelter care facility and are not
				supervised by a shelter care worker, relief help, volunteer, or unit
				supervisor.
(d) Staff arrival and
				departure times.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.06 - Physical plant and environment

Current through June 24, 2024
(1) APPLICABILITY.
				This section applies to all shelter care facilities except that only subs. (2),
				(4) (c), (5) (b) to (g), (j) and (k), (7) (c), (8) (d), (10) (g), (13) to (18),
				(19) (a), (20) and (21) (d) apply to hold-over rooms.
(2) BUILDING SITE LOCATION. In the judgment
				of the department, the location of the facility shall be related to the program
				offered and age, sex, needs and interest levels of the residents. Factors to be
				considered in determining the acceptability of the location shall include:
				access to educational, recreational, religious, shopping, and cultural
				opportunities; health resources; access to public or private utilities and
				services such as safe water supply, sewage disposal, fire and police
				protection.
(3) GENERAL BUILDING
				REQUIREMENTS. The shelter care facility and grounds shall be maintained in a
				clean, safe and sanitary condition and a good state of repair.
(4) SPACE REQUIREMENTS.
(a) There shall be at least 200 square feet
				of living space for each resident of the facility. "Living space" excludes
				unfinished basements, attics, garages, or similar areas not usually occupied by
				residents in daily living.
(b)
				There shall be at least 55 square feet of floor space in a bedroom designed for
				only one child, 50 square feet of floor space for each child in a bedroom
				occupied by 2 children and 45 square feet of floor space for each child in a
				bedroom occupied by 3 or 4 children.
(c) A hold-over room licensed for the first
				time on or after January 1, 1994 shall have at least 60 square feet of living
				space for one occupant and at least 100 square feet of living space for 2
				occupants.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.07 - Records and reporting

Current through June 24, 2024
(1) RECORDS ON CHILDREN IN SHELTER CARE.
(a) A licensee shall maintain a record for
				each child in the shelter care facility. The record shall contain all of the
				following:
1. A form prescribed by the
				department that is completed with specified information about the
				child.
2. For a child placed in the
				shelter care facility, all of the following:
a. The forms required under ch. DCF 37. The
				licensee shall share with the child's placing agency new and updated
				information required on the forms that the licensee becomes aware of while the
				child is placed in the facility.
b.
				Reasonable and prudent parenting decision records required under s.
				DCF 59.055(2)
				(e).
Note:
The form required under subd. 1. is
				  DCF-F-CFS2389-E,
Shelter Care Face Sheet.
The forms required
				  under subd. 2. a. and ch. DCF 37 are DCF-F-872A-E,
Information for
				  Out-of-Home Care Providers, Part A
and DCF-F-872B-E,
Information for Out-of-Home Care Providers, Part B.
The form
				  required under subd. 2. b. is DCF-F-5124-E,
Reasonable and Prudent
				  Parent Decision Record.
These forms are available in the forms section
				  of the department website at http://dcf.wisconsin.gov or by writing the
				  Division of Safety and Permanence, P.O. Box 8916, Madison, WI
				  53708-8916.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Section DCF 59.08 - License denial or revocation

Current through June 24, 2024
(1) GROUNDS. The
				department may deny, revoke or suspend a license, initiate other enforcement
				actions specified in this chapter or in ch. 48, Stats., or place conditions on
				a license if the applicant or licensee, a proposed or current employee, a
				volunteer or any other person having regular contact with the children, has or
				has been any of the following:
(a) The
				subject of a pending criminal charge for an action that substantially relates
				to the care of children or activities of the facility.
(b) Convicted of a felony, misdemeanor or
				other offense that substantially relates to the care of children or activities
				of the facility.
(c) Determined to
				have abused or neglected a child pursuant to s.
				48.981,
				Stats., or has been determined to have committed an offense which substantially
				relates to the care of children or the activities of the facility.
(d) The subject of a substantiated finding of
				misconduct in the department's nurse aide registry under s.
				DHS
				129.10.
(e) The subject of a court finding that the
				person has abandoned his or her child, or has inflicted physical abuse or
				neglect on the child.
(f) Had a
				child welfare agency, group home or shelter care facility license revoked or
				denied within the last 5 years.
(g)
				Violated any provision of this chapter or ch. 48, Stats., or fails to meet the
				minimum requirements of this chapter.
(h) Made false statements or withheld
				information.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 59 - Shelter Care Facilities › Appendix A - Field Offices Of The Department Of Children And Families

Current through June 24, 2024
The Department of Children and Families licenses shelter care
				  facilities through field offices. The addresses and phone numbers of the field
				  offices are below.
Central Office
(Madison)
201 W. Washington Ave.
Madison, WI 53703
(608) 422-6936
Northeastern Office
(Green Bay)
200 North Jefferson Street, Suite 411
Green Bay, WI 54301
(920) 785-7826
Southeastern Office
(Waukesha)
141 N.W. Barstow Street, Room 104
Waukesha, WI 53188
(262) 446-7864
Western Office
(Eau Claire)
610 Gibson Street, Suite #2
Eau Claire, WI 54701
(715) 930-1133
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.01 - Purpose

Current through June 24, 2024
This chapter provides the requirements for the
				  establishment, certification, and operation of a QRTP under s.
				  48.675, Stats., which provides
				  that the department may certify a congregate care facility to operate a QRTP if
				  it determines that the facility's program meets the requirements of
				  42 USC
				  672(k) (4) and any other
				  requirements established by the department in this chapter.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.03 - QRTP requirements

Current through June 24, 2024
(1) TRAUMA-INFORMED TREATMENT MODEL. A QRTP
				shall provide services according to a trauma-informed treatment model that is
				designed to meet the needs, including clinical needs as appropriate, of
				children with serious emotional and behavioral disorders or disturbances. A
				QRTP's trauma-informed treatment model shall enable the QRTP to implement the
				treatment of a child identified for the child by a standardized
				assessment.
(2) NURSING AND OTHER
				CLINICAL CARE. A QRTP shall have registered nurse or licensed practical nurse
				staff and other clinical staff who meet the following conditions:
(a) Provide care within the scope of their
				practice as defined by state law.
(b) Are on-site according to the facility's
				trauma-informed treatment model under sub. (1).
(c) Are available 24 hours a day and 7 days a
				week.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.04 - QRTP certification

Current through June 24, 2024
(1) APPLICATION. The licensee of a congregate
				care facility may apply for certification to operate a QRTP by submitting all
				of the following to the department:
(a) A
				completed initial application form prescribed by the department.
(b) A copy of the trauma-informed treatment
				model to be used by the QRTP with a description of how the facility's treatment
				model meets the conditions in s. DCF 61.03 (1).
(c) A description of the facility's plan to
				provide nursing and licensed clinical staff services as required in s. DCF
				61.03 (2).
(d) A copy of the family
				participation policies and procedures required under s. DCF 61.03 (3)
				(c).
(e) A description of the
				facility's approach to providing discharge planning and family-based aftercare
				support in partnership and collaboration with the placing agency as required
				under s. DCF 61.03 (4).
(f) Proof
				that the facility is accredited as required under s. DCF 61.03 (5).
(g) Any other information requested by the
				department.
Note:
Form DCF-F-5474-E,
Qualified
				  Residential Treatment Program Certification Application
, is available
				  in the forms section of the department's website,
http://dcf.wisconsin.gov
.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.05 - QRTP continuation

Current through June 24, 2024
(1) CERTIFICATION REVIEW COINCIDES WITH
				LICENSE CONTINUATION REVIEW. The department shall review a facility's QRTP
				certification at the same time that the department reviews the facility's
				license under s. 48.66(5),
				Stats.
(2) APPLICATION. To apply
				for continuation of a QRTP certification, the licensee of a facility operating
				a QRTP shall submit all of the following to the department with the licensee's
				application for continuation of the facility's license under s.
				48.66(5),
				Stats.:
(a) A completed certification
				continuation application form prescribed by the department.
(b) Current versions of the documentation
				required for the initial certification application under s. DCF 61.04 (1) (b)
				to (g).
(c) Any other information
				requested by the department.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.06 - Monitoring

Current through June 24, 2024
(1) The department may review a congregate
				care facility's compliance with QRTP certification requirements in s. DCF 61.03
				by visiting and inspecting the facility at any time. The department shall have
				unrestricted access to the QRTP, including all of the following:
(a) The records of any child placed in the
				QRTP and any other materials.
(b)
				Children and other individuals who have information on the facility's
				compliance with s. DCF 61.03.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.07 - Notification requirement

Current through June 24, 2024
A congregate care facility operating a QRTP shall notify the
				  department in writing within one week after any change that may affect the
				  facility's compliance with a QRTP requirement under s. DCF
				  61.03.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.08 - Denial, suspension, restriction, nonrenewal, revocation, or withholding of a QRTP certification

Current through June 24, 2024
(1) The department may deny, suspend,
				restrict, refuse to renew, revoke, or otherwise withhold a QRTP certification
				for any of the following reasons:
(a) The
				facility's program does not comply with the QRTP requirements in s. DCF
				61.03.
(b) The licensee has
				violated any provision under ch. 48 or 938, Stats.
(c) The facility is in substantial
				noncompliance with applicable licensing requirements under ch. DCF 52, 57, or
				59.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 61 - Qualified Residential Treatment Programs › Section DCF 61.09 - Appeal procedures

Current through June 24, 2024
(1) Any person aggrieved by the department's
				decision to deny, suspend, restrict, refuse to renew, revoke, or otherwise
				withhold a QRTP certification may request a hearing on the decision under ch.
				227, Stats.
(2) A request for
				hearing shall be in writing and shall be filed with the department of
				administration's division of hearings and appeals within 10 days after the date
				on the notice of the department's denial, suspension, restriction, refusal to
				renew, or other withholding of a QRTP certification.
A request for a hearing may be mailed to Division of
					 Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to (608)
					 264-9885. A copy of the request should be sent to the applicable field office
					 listed in ch. DCF 52, Appendix D; ch. DCF 57, Appendix A; or ch. DCF 59,
					 Appendix A.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 80 - Services For Youth Who Are Adjudicated Delinquent › Section DCF 80.01 - Authority and purpose

Current through June 24, 2024
(1) This chapter is promulgated under the
				authority of ss.
				227.11(2)
				and
				938.485(5),
				Stats., and 2015 Wisconsin Act 55, section 9108 (1) (h), for the purpose of
				providing youth placed under supervision in the community following an
				adjudication of delinquency receive timely habilitative and rehabilitative
				services to facilitate their social reintegration into the community. The
				chapter assigns responsibility for the provision of services, establishes
				standards and procedures for the provision of services, provides for
				involvement of youth and their parents in services planning, and imposes
				requirements for the coordination of services.
(2) Through this chapter the department seeks
				to achieve the following goals:
(a) Provide a
				community-based option for youth who have been adjudicated
				delinquent.
(b) Maintain public
				safety and youth accountability through supervision and sanctions appropriate
				to the needs and requirements of youth in the program.
(c) Provide the necessary treatment,
				services, discipline, and supervision to help youth and family make meaningful,
				positive changes in their lives.
(d) Encourage a crime-free lifestyle for
				youth in the program.
(e) Involve
				every youth in education or vocational training or employment.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 80 - Services For Youth Who Are Adjudicated Delinquent › Section DCF 80.02 - Applicability

Current through June 24, 2024
This chapter applies to lead agencies, youth adjudicated
				  delinquent under s.
				  938.12,
				  Stats., their parents and agencies providing services under this
				  chapter.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 80 - Services For Youth Who Are Adjudicated Delinquent › Section DCF 80.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Aftercare" means the provision of community services by a lead agency to a
				youth released from a secured juvenile correctional institution.
(2) "Case management" means the functions
				which ensure that an individualized case plan and a written services agreement
				are developed for a youth and that services are provided in accordance with the
				plan in a timely, effective, and coordinated manner.
(3) "Case manager" means an employee of a
				lead agency who has case management responsibility for a youth.
(4) "County department" has the meaning given
				in s.
				938.02(2g),
				Stats.
(5) "Delinquent" has the
				meaning given in s.
				938.02(3m),
				Stats.
(6) "Department" means the
				department of children and families.
(7) "Dispositional hearing" means a hearing
				conducted in accordance with s.
				938.335,
				Stats.
(8) "Individualized case
				plan" means a specific written plan which is based upon the court report, under
				s.
				938.33(1),
				Stats., as modified by the court order under s.
				938.355,
				Stats., and an evaluation of the needs of a youth which details the
				educational, vocational, treatment, and placement services to be furnished by
				service providers.
(9) "Lead
				agency" means the department, a county department or a private agency ordered
				by the court to have legal custody or supervision of a youth.
(10)"Legal custodian" has the meaning given
				in s.
				938.02(11),
				Stats.
(11) "Legal custody" has the
				meaning given in s.
				938.02(12),
				Stats.
(12) "Service agreement"
				means a written contract between the lead agency, one or more service provider
				agencies, the youth and, when in the youth's best interests, his or her
				parents, guardian, or legal custodian for the provision and acceptance of
				services.
(13) "Worker" means a
				lead agency employee who is responsible for providing direct services to the
				youth as required by the individualized case plan.
(14) "Youth" means a person under the
				supervision of the department or a county department within the meaning of s.
				938.505(1),
				Stats., or pursuant to s.
				938.366,
				Stats., in a community placement, regardless of age.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 80 - Services For Youth Who Are Adjudicated Delinquent › Section DCF 80.04 - Provision of services

Current through June 24, 2024
(1) COURT REPORT.
(a) The agency responsible under s.
				938.069,
				Stats., for preparing a report to be submitted to the court in accordance with
				s.
				938.33, Stats.,
				shall set out the content in a format prescribed by the court.
(b) The agency under par. (a) shall give a
				copy of the report, together with any other relevant information, to the lead
				agency within 5 working days after the dispositional hearing.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 81 - Intensive Supervision Program › Section DCF 81.01 - Authority and purpose

Current through June 24, 2024
(1) This chapter is promulgated under the
				authority of ss.
				227.11(2),
				938.485(5),
				and
				938.534(2),
				Stats., and 2015 Wisconsin Act 55, section 9108 (1) (h), to provide rules
				specifying the requirements for an intensive supervision program for youth who
				have been ordered by a court under s.
				938.34(2r),
				Stats., to participate in an intensive supervision program.
(2) Through this chapter the department seeks
				to achieve the following goals:
(a) Provide a
				community-based option for youth who have been adjudicated
				delinquent.
(b) Maintain public
				safety and youth accountability through supervision and sanctions appropriate
				to the needs and requirements of youth in the program.
(c) Provide the necessary treatment,
				services, discipline and supervision to help youth and family make meaningful,
				positive, changes in their lives.
(d) Encourage a crime-free lifestyle for
				youth in the program.
(e) Involve
				every youth in education or vocational training or employment.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 81 - Intensive Supervision Program › Section DCF 81.02 - Applicability

Current through June 24, 2024
This chapter applies to the department, county departments
				  under s.
				  46.215,
				  46.22 or
				  46.23,
				  Stats., and youth who have been adjudicated delinquent and ordered under s.
				  938.34(2r),
				  Stats., to participate in an intensive supervision program.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 81 - Intensive Supervision Program › Section DCF 81.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Assigned caseworker" means a county department staff member or designee
				responsible for the case plan, case management, and decision making.
(2) "Caretaker" means another person besides
				a parent who is providing care to a youth.
(3) "County department" means the county
				department under s.
				46.215,
				46.22 or
				46.23,
				Stats.
(4) "Department" means the
				department of children and families.
(5) "Electronic monitoring device" means an
				electronic device used to monitor the youth's location.
(6) "Intensive supervision" means a community
				based comprehensive program providing a youth and the youth's family with the
				treatment and services necessary for holding the youth accountable and
				preventing institutional placement.
(7) "Intensive surveillance" means monitoring
				a youth's activities through frequent face-to-face contacts, electronic
				monitoring, and collateral contacts, which include contacts with school
				personnel, employers, therapists, and relatives.
(8) "ISP" or "intensive supervision program"
				means the program under s.
				938.534,
				Stats., that provides intensive surveillance and community-based treatment
				services for youth and their families.
(9) "Parent" has the meaning given in s.
				938.02(13),
				Stats.
(10) "Secure detention
				facility" means a locked facility approved by the department of corrections
				under s.
				301.37,
				Stats., for the secure, temporary confinement of a youth.
(11) "Youth" means a person who has been
				adjudicated delinquent and ordered by a court under s.
				938.34(2r),
				Stats., to participate in the intensive supervision program.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 81 - Intensive Supervision Program › Section DCF 81.04 - Program requirements

Current through June 24, 2024
(1) GENERAL. A county department electing to
				provide or purchase ISP services shall meet the requirements in this
				section.
(2) REFERRAL AND SCREENING
				PROCESS.
(a) A county department shall
				develop a written referral and screening process for youth for whom the ISP may
				be recommended to the court under s.
				938.33(1),
				Stats. Criteria for participation include:
1.
				The likelihood that a youth would present a physical danger to self or to
				others if living in the community.
2. The availability of a suitable living
				arrangement for the youth within the community.
3. The willingness of the youth and the
				youth's family or other adult with whom the youth will reside to participate in
				the ISP and comply with the rules and conditions of the program.
4. The ability of the community to provide
				treatment and other needs of the youth.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 81 - Intensive Supervision Program › Section DCF 81.05 - Placement in non-secure or secure detention

Current through June 24, 2024
(1) AUTHORITY.
(a) Notwithstanding ss.
				938.19
				to
				938.21,
				Stats., but subject to any written policies adopted by the court or the county
				board, a youth's assigned caseworker may, without a hearing, take the youth
				into custody and place the youth in a place of non-secure custody for not more
				than 30 days as crisis intervention, if the youth is in need of crisis
				intervention. The placement may be made only if the court at the dispositional
				hearing informed the youth of the possibility of that placement or if before
				the violation the youth has acknowledged in writing that he or she has read, or
				has had read to him or her, those conditions and that possible placement and
				that he or she understands those conditions and that possible
				placement.
(b) Notwithstanding ss.
				938.19
				to
				938.21,
				Stats., but subject to any written policies adopted by the court or the county
				board, if a youth violates a rule or condition of the youth's participation in
				the ISP, the youth's assigned caseworker may, without a hearing, take the youth
				into custody and place the youth in a secure detention facility for not more
				than 72 hours as a consequence of that violation or while the alleged violation
				and the appropriateness of a sanction are being investigated, if at the
				dispositional hearing the court explained those conditions to the youth and
				informed the youth of the possibility of that placement or if before the
				violation the youth has acknowledged in writing that he or she has read, or has
				had read to him or her, those conditions and that possible placement and that
				he or she understands those conditions and that possible placement.
				Investigation of the violation includes inquiry into the facts of the violation
				and the appropriateness or availability of a proposed response to the
				violation.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 81 - Intensive Supervision Program › Section DCF 81.06 - Right to hearing in secure detention

Current through June 24, 2024
A youth held in a secure detention facility for more than 72
				  hours, regardless of whether the continued detention is for a new or additional
				  violation, is entitled to a hearing under s.
				  938.21,
				  Stats. as provided in s.
				  938.534(1),
				  Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 81 - Intensive Supervision Program › Section DCF 81.07 - Duration of program

Current through June 24, 2024
A youth ordered to participate in an ISP may be released from
				  the program in any of the following ways:
(1) The original dispositional order
				specifies that participation in the program is time-limited in duration, and
				the time period has expired.
(2)
				The original dispositional order is revised pursuant to s.
				938.363
				or
				938.357,
				Stats.
(3) The original
				dispositional order expires.
(4) A
				subsequent dispositional order is entered which would preclude the youth from
				participating in the program, such as placement in another county or transfer
				of supervision to the department for placement in a secured correctional
				facility.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 82 - Intake Worker Training › Section DCF 82.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  938.06(1) (am) and (2)
				  (b), Stats., and 2015 Wisconsin Act 55,
				  section 9108 (1) (h), to ensure that all intake workers receive basic training
				  appropriate to their functions and responsibilities.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 82 - Intake Worker Training › Section DCF 82.02 - Applicability

Current through June 24, 2024
This chapter applies to the department, intake workers who
				  began employment after July 1, 1989, county sheriff's department employees who
				  provide intake services and began employment after July 1, 1989 and to juvenile
				  courts and county departments that provide intake services under ss.
				  48.06 and
				  938.06,
				  Stats.