reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter V - Program Operation › Section DCF 52.45 - Health

Current through June 24, 2024
(1) ONGOING CARE.
(a) A center shall arrange a physical
				  examination comparable to a comprehensive HealthCheck screening for each
				  resident at intervals recommended by the medical assistance program for
				  HealthCheck screening, except if a resident is privately insured. A privately
				  insured resident shall be reexamined no less frequently than as required by
				  HealthCheck or in accordance with policy coverage. The physical examination
				  shall be conducted by a HealthCheck provider or by a physician and shall
				  document areas found on department HealthCheck age-appropriate forms.
Note: A HealthCheck form may be obtained from any local
					 public health agency, from the Department of Health Services website at
http://dhs.wisconsin.gov/forms/FtoM.asp
or by writing or telephoning any field office listed in Appendix D.
(b) A center shall arrange a
				  thorough dental examination for each resident at intervals recommended by the
				  medical assistance program for HealthCheck screening, except if a resident is
				  privately insured. A privately insured resident shall be reexamined no less
				  frequently than as required by Healthcheck or in accordance with policy
				  coverage. The dental examination shall be conducted by a licensed
				  dentist.
(c) A center shall arrange
				  and provide for necessary remedial and corrective measures for every resident
				  as soon as possible after a physical or dental examination which indicates need
				  for remedial or corrective measures.
(d) A center shall have in each building
				  housing residents when residents are present, at least one staff member
				  certified by the American Red Cross to administer first aid and certified by
				  the American Red Cross or American heart association to administer
				  cardiopulmonary resuscitation (CPR). The center shall keep all staff
				  certifications current and shall maintain documentation of all
				  certifications.
(e) There shall be
				  a first aid kit on every floor level of every center building housing
				  residents, in buildings where resident activities take place and in every
				  vehicle used to transport residents. The first aid kit shall be placed where it
				  is inaccessible to residents but accessible to staff. Contents of first aid
				  kits shall meet recommendations of the American Red Cross. A first aid kit
				  shall be inventoried and resupplied after each use.
(f) A center shall separate an ill resident
				  from other residents only if necessary because of the severity of the illness
				  and if it is contagious or infectious, or when requested by the ill
				  resident.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter V - Program Operation › Section DCF 52.46 - Medications

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "General supervision" means regular
				  coordination, direction and inspection of the exercise of delegation of
				  medication administration by a physician or registered nurse of someone who is
				  not licensed to administer medications.
(b) "Staff administration" means proper
				  administration of medication to a resident by center nonmedically nonlicensed
				  staff under a valid medical order from a medically licensed practitioner who
				  specifically designates, trains and supervises center staff administration of
				  medications.
(c) "Staff monitoring
				  of self-administration" means handing the medication to the resident by center
				  staff according to physician and medication label instructions and observing
				  and ensuring the proper ingestion, injection, application or inhalation of the
				  medication by the resident.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter V - Program Operation › Section DCF 52.47 - Transportation

Current through June 24, 2024
(1) APPLICABILITY. This section applies to
				  transportation of residents by any of the following:
(a) Center-owned or leased
				  vehicles.
(b) Vehicles driven by
				  volunteers, student interns or center staff.
(c) Center-contracted
				  transportation.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter V - Program Operation › Section DCF 52.48 - Clothing and laundry

Current through June 24, 2024
(1) CLOTHING.
				  Residents may wear their own clothing. Residents who do not have enough of
				  their own clothing shall have appropriate non-institutional clothing of proper
				  size furnished by the center. Each center shall do all of the following:
(a) Develop a list of clothing required for
				  residents and maintain a resident's wardrobe at or above this level. The list
				  shall be approved by the department.
(b) Furnish each resident with appropriate
				  size clothing, appropriate to the season and comparable to that of children of
				  similar age in the community, and arrange for each resident to participate in
				  the selection and purchase of the resident's own clothing to the maximum extent
				  feasible. Each resident's clothing shall be identified as the resident's
				  own.
(c) Have shoes fitted to the
				  individual resident and kept in good repair. Shoes that were worn by one
				  resident shall not be given to another resident.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter V - Program Operation › Section DCF 52.49 - Resident records

Current through June 24, 2024
(1) GENERAL REQUIREMENTS.
(a) A center shall provide safeguards against
				  loss or damage of resident records by fire, theft or destruction.
(b) Child-placing agencies and county
				  departments shall have access to the case records of children they
				  place.
(c) Student interns may have
				  access to resident records only under the supervision of center staff and after
				  signing the confidentiality statement under s.
				  DCF
				  52.12(7) (d).
(d) When a center closes, the center shall
				  arrange for safe and secure storage of resident case records.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VI - Physical Environment and Safety › Section DCF 52.51 - Buildings and grounds

Current through June 24, 2024
(1) REQUIRED COMPLIANCE.
(a)
Standards.
All buildings
				  of a residential care center shall comply with the following requirements:
1. The applicable state building code
				  requirements in chs.
				  SPS
				  361 to 366, the Wisconsin Commercial Building Code and
				  applicable local ordinances.
2. All
				  requirements in this subchapter, regardless of when a facility was built,
				  except as otherwise provided in this subchapter.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VI - Physical Environment and Safety › Section DCF 52.52 - General physical environment

Current through June 24, 2024
(1) RESIDENT LIVING
				  SPACE.
(a)
Center buildings housing 9
				  or more residents.
Buildings constructed or other facilities converted
				  to resident living space for 9 or more residents after February 1, 1971 shall
				  contain resident living space at least equal to 60 square feet per resident. In
				  this paragraph, "resident living space" means indoor living and recreation
				  space in addition to bedroom space and dining space and exclusive of hallways
				  less than 7 feet in width, bathrooms, lockers, offices, storage rooms, latched
				  or locked time-out rooms, locked units, staff rooms, furnace rooms, any
				  unfinished part of a building and that part of the kitchen occupied by
				  stationary equipment.
(b)
Center buildings housing 8 or fewer residents.
Center
				  buildings housing 8 or fewer residents shall provide at least 200 square feet
				  of combined resident living space, bedroom space and dining space for each
				  occupant. In this paragraph, "resident living space" includes all areas of the
				  house except an unfinished basement, attic, or similar areas not usually
				  occupied in daily living.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VI - Physical Environment and Safety › Section DCF 52.53 - Bath and toilet facilities

Current through June 24, 2024
A center shall meet all of the following requirements for
					 bath and toilet facilities and the use of them:
(1)
(a) The
				  center shall provide in buildings housing residents one toilet and either a tub
				  or shower for every 8 residents or fraction thereof and one handwashing sink
				  with hot and cold running water for every 4 residents or fraction thereof. At
				  least one-half of the required toilets, tubs or showers and handwashing sinks
				  shall be on the same floor or floors as the sleeping rooms.
(b) Where 9 or more residents reside in a
				  building, the center shall also provide at least one toilet and handwashing
				  sink with hot and cold running water near living rooms and recreation areas for
				  every 8 residents or fraction thereof and provide separate bath and toilet
				  facilities for staff.
(c) In
				  buildings housing both male and female residents, the center shall provide
				  separate bathrooms for each sex and provide separate combination toilet and
				  handwashing sink facilities where center resident activities include both
				  sexes.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VI - Physical Environment and Safety › Section DCF 52.54 - Bedrooms

Current through June 24, 2024
(1) MINIMUM SPACE.
(a)
Single occupancy.
Each
				  center bedroom for one resident shall have a minimum of 80 square feet of floor
				  space except that if the resident is not able to walk or is able to walk only
				  with crutches or other means of support the bedroom shall have a minimum of 100
				  square feet of floor space.
(b)
Shared occupancy.
Each center bedroom for more than one
				  resident shall have a minimum of 60 square feet of floor space for each
				  resident except that if a resident is not able to walk or is able to walk only
				  with crutches or other means of support, the bedroom shall have a minimum of 80
				  square feet of floor space for each resident.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VI - Physical Environment and Safety › Section DCF 52.55 - Fire safety

Current through June 24, 2024
(1) EVACUATION PLAN. A center in consultation
				  with the local fire department shall develop a detailed flow chart type
				  evacuation plan for each building with arrows pointing to exits. The center
				  shall do all of the following:
(a) Post the
				  evacuation plan for a building in a conspicuous place in the
				  building.
(b) Be able to provide
				  through plan procedures for both of the following:
1. Safe conveyance of all residents promptly
				  from the center by staff in one trip.
2. Designated places away from the center to
				  which all residents are evacuated or at which all are to meet so that it can be
				  determined if all residents are out of danger.
(c) Make the evacuation plan familiar to all
				  staff and residents upon their initial arrival at the center.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VI - Physical Environment and Safety › Section DCF 52.555 - Carbon monoxide detector

Current through June 24, 2024
(1) A residential
				  care center in a one-unit or two-unit building shall have a functional carbon
				  monoxide detector installed in the basement and on each floor level, except the
				  attic, garage, or storage area of each unit, in accordance with the
				  requirements of s.
				  101.647,
				  Stats.
Note: A one-unit building is a single family residence. A
					 two-unit building is a duplex or two-flat.
(2) A residential care center in a building
				  with at least 3 units shall have one or more functional carbon monoxide
				  detectors installed in accordance with the requirements of s.
				  101.149,
				  Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VI - Physical Environment and Safety › Section DCF 52.56 - General safety and sanitation

Current through June 24, 2024
(1) PRIVATE WELL
				  WATER SUPPLY. Use of a private well for the center's water supply is subject to
				  approval by the Wisconsin department of natural resources as required by s. DHS
				  190.05 (2). Testing of water samples shall be done annually by the state
				  laboratory of hygiene or a laboratory approved under ch. ATCP 77. Water samples
				  from an approved well shall be taken between April and October. Water sample
				  tests shall show that the water is safe to drink and does not present a hazard
				  to health. Water sample test results shall be on file and available for review
				  by the department.
Note:
Chapter DHS 190 has been
					 repealed.
(2) MAINTENANCE.
(a) A center shall maintain all of its
				  buildings, grounds, equipment and furnishings in a safe, orderly and proper
				  state of repair and operation. Broken, run down, defective or inoperative
				  furnishings and equipment shall be promptly repaired or replaced.
(b) The center's heating system shall be
				  maintained in a safe condition as determined through an annual inspection by a
				  certified heating system specialist, installer or contractor. The center shall
				  keep on file copies of annual heating system inspection and service reports.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VII - Specialized Programs › Section DCF 52.57 - Exceptions and additional requirements for type 2 programs

Current through June 24, 2024
(1) APPLICABILITY
				  AND AUTHORITY TO OPERATE. A residential care center for children and youth
				  designated by the Wisconsin department of corrections as a type 2 child caring
				  institution may accept type 2 resident admissions only if approved by the
				  department under the center's license to operate a type 2 program.
(2) TYPE 2 PROGRAM COMPLIANCE.
(a) A residential care center for children
				  and youth with a type 2 residential care center program shall comply with this
				  chapter for youth who are admitted with type 2 status, except as otherwise
				  provided under subs. (3) and (4), with type 2 provisions under ch. 938, Stats.,
				  and with any type 2-related policies and procedures and administrative rules
				  that may be issued by the Wisconsin department of corrections.
(b) Violation of any type 2 related policy or
				  procedure or administrative rule referenced in par. (a) constitutes a violation
				  of this chapter.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VII - Specialized Programs › Section DCF 52.58 - Exceptions and additional requirements for short-term programs

Current through June 24, 2024
(1) APPLICABILITY.
(a) A residential care center for children
				  and youth may operate a short-term treatment program with approval of the
				  department. This section applies to the operation of short-term treatment
				  programs. A short-term treatment program shall comply with all provisions of
				  this chapter except as provided in this section.
(b) The requirements of this section apply to
				  short-term resident readmissions except that the assessment and treatment care
				  plan for the resident under sub. (5) needs only be updated to reflect the
				  resident's current treatment and care needs.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VII - Specialized Programs › Section DCF 52.59 - Respite care services programs

Current through June 24, 2024
(1) APPLICABILITY. A
				  residential care center for children and youth may operate a respite care
				  services program with approval of the department. A residential care center for
				  children and youth that chooses to provide respite care services shall comply
				  with the provisions of this chapter except as stated in this section.
(2) DEFINITIONS. In this section:
(a) "Respite care" means temporary care for a
				  child with a disability or special care need, usually on behalf of a parent or
				  regular caregiver for the purpose of providing relief to the parent or regular
				  caregiver from the extraordinary and intensive demands of providing ongoing
				  care for the child, but also for when a parent or regular caregiver may be at
				  risk of abusing a child due to stress and, therefore, requires relief from
				  caregiver duties, or the parent or regular caregiver is in a crisis situation
				  that can be alleviated by providing temporary relief from caregiver
				  duties.
(b) "Respite care services
				  episode" or "episode" means a period of time during which respite care is
				  provided to a parent or regular caregiver by placing a child, otherwise under
				  the parent's or regular caregiver's care, at a residential care
				  center.
(c) "Respite care services
				  program" means a center-provided program of respite care services for a child
				  with a disability or special need on behalf of a parent or regular caregiver
				  and includes, for the child, individualized personal care and services at the
				  level necessary to meet the child's immediate needs, along with room and board
				  provided in comfortable surroundings.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter VIII - Need Determination and License Application › Section DCF 52.63 - Inspections and complaint investigations

Current through June 24, 2024
(1) INSPECTION.
				  Pursuant to s.
				  48.73,
				  Stats., the department may visit and inspect any residential care center for
				  children and youth at any time. A department licensing representative shall
				  have unrestricted access to the premises identified in the license, including
				  access to resident records and any other materials, and access to residents and
				  other individuals having information on compliance by the center with this
				  chapter.
(2) COMPLAINT
				  INVESTIGATION. Under s.
				  48.745,
				  Stats., any person having a complaint about a licensed center or a center
				  operating without a license may submit that complaint to the department by
				  telephone, letter or personal interview. A licensing representative of the
				  department shall investigate each complaint. The department shall send a
				  written report of the findings of that investigation to the complainant.
Note: A complaint should be sent, phoned in or delivered to
					 the appropriate Department of Children and Families field office listed in
					 Appendix D.
(3) ENFORCEMENT
				  ACTION. The department may order any sanction or impose any penalty on a
				  licensee in accordance with s.
				  48.685,
				  48.715 or
				  48.76, Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter IX - Rate Regulation › Section DCF 52.64 - Rate determination

Current through June 24, 2024
(1) The department shall determine the
				  maximum per client rate that each residential care center program may charge
				  for costs associated with room, board, administration, service provision, and
				  oversight of residents in the residential care center program based on the
				  following:
(a) A maximum per client rate
				  determined by the department that no residential care center may
				  exceed.
(b) A per client rate that
				  the department determines is appropriate for each residential care center
				  program based on the reasonable and necessary costs of the services provided by
				  that residential care center.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter IX - Rate Regulation › Section DCF 52.65 - Allowable costs

Current through June 24, 2024
In determining rates under this subchapter, the department
					 may consider costs incurred for any purpose that is allowable under all of the
					 following:
(1) Applicable federal
				  regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31,
				  except as provided in sub. (2).
(2)
				  Reserves or profit as allowed under the following:
(a) For nonprofit corporations, reserves
				  allowed under s.
				  49.34(5m) (b)
				  1, Stats.
(b) For proprietary residential care centers,
				  profit allowed on an annual basis is the smaller amount determined under the
				  following 2 methods of calculating profit:
1.
				  The equity method is the sum of 7.5 percent of allowable operating costs plus
				  15 percent of average net equity for the year. In this subdivision, "average
				  net equity" means the average cost of equipment, buildings, land, and fixed
				  equipment minus the average accumulated depreciation and average long term
				  liabilities for the year.
2. The
				  expenses method is 10 percent of allowable operating costs for the
				  year.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter IX - Rate Regulation › Section DCF 52.66 - Rate methodology

Current through June 24, 2024
(1) COST AND SERVICE INFORMATION. Each year
				  no later than July 1, a licensee shall submit the following information to the
				  department:
(a) A cost and service report in
				  which the licensee reports the residential care center's costs, types of
				  services provided, and number of children served in the previous year. The
				  report shall be submitted on a department-prescribed form.
Note:
The cost and service report form is
					 available at https://dcf.wisconsin.gov/ratereg.
(b) The residential care center's most recent
				  audit report under s.
				  DCF 52.11(6)
				  (a).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter IX - Rate Regulation › Section DCF 52.67 - Rate resolution

Current through June 24, 2024
(1) MEDIATION.
(a) If a licensee has negotiated with the
				  department under s.
				  DCF 52.66(5)
				  (c) and does not agree to the department's
				  approved rate under s.
				  DCF 52.66(5)
				  (a), the licensee may request that the
				  department and the licensee engage in mediation. A licensee shall send a
				  request for mediation within 5 business days after the date of the notice in s.
				  DCF 52.66(5)
				  (a). The request shall be sent by electronic
				  mail to an address specified by the department.
Note: Requests for mediation should be sent to
					 DCFCWLRateReg@wisconsin.gov.
(b) The department shall notify the licensee
				  of the date of the mediation no later than 10 working days after receiving the
				  request under par. (a).
(c) The
				  issues discussed in the mediation shall be limited to the factors in s.
				  DCF
				  52.66(4).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter IX - Rate Regulation › Section DCF 52.68 - Extraordinary payments

Current through June 24, 2024
(1) A licensee may request that a Wisconsin
				  public purchaser pay an extraordinary payment in addition to the rate
				  established under ss.
				  DCF 52.64 to
				  52.67 for a specific child in care.
(2) A licensee may request and a Wisconsin
				  public purchaser may approve a child-specific extraordinary payment if all of
				  the following conditions are met:
(a) The
				  child has service needs that are not accounted for in the maximum per client
				  rate for the residential care center program as determined under s.
				  DCF
				  52.66(5) or 52.67, as
				  applicable.
(b) The child's service
				  needs are not paid for by another source.
(c) The extraordinary payment will be used to
				  cover expenses that are an allowable cost under s.
				  DCF
				  52.65.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter IX - Rate Regulation › Section DCF 52.69 - Advisory committee

Current through June 24, 2024
The department shall convene the rate regulation advisory
					 committee under s.
					 49.343(5),
					 Stats., at regular intervals to consult with the department on items in s.
					 49.343(5)
					 (a) to (c), Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Appendix D - Field Offices Of The Department Of Children And Families

Current through June 24, 2024
The Department of Children and Families licenses residential
				  care centers for children and youth 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 53 - Adoption information search and disclosure › Section DCF 53.02 - Provision of adoption search program information

Current through June 24, 2024
The department shall provide information about the adoption
				  search program to courts, agencies, requesters and the general public as
				  required under this section.
(1)
				PROVISION OF PROGRAM INFORMATION TO REQUESTERS.
(a) Program information shall be sent to
				requesters within 14 days after receiving written or oral inquiry for this
				material; and
(b) Information
				regarding additional provisions under the Indian Child Welfare Act shall be
				provided to all applicable requesters.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 53 - Adoption information search and disclosure › Section DCF 53.03 - Centralized birth record file

Current through June 24, 2024
(1) GENERAL. The
				department's adoption search program shall establish, organize, and maintain a
				centralized birth record file and shall control disclosure of information from
				the file in accordance with s.
				DCF
				53.06.
(2)
				ORGANIZATION OF THE CENTRALIZED FILE. The centralized file shall be organized
				to consist of individual files containing:
(a) Information received in the course of
				administering ss.
				48.432
				and
				48.433,
				Stats.;
(b) Medical and genetic
				information and birth parent identity and location information received from
				the courts for each adopted person whose birth parent's or parents' rights were
				terminated on or after May 7, 1982;
(c) Relevant updated medical or genetic
				information about the adopted person and the adopted person's birth relatives
				received from any birth parent or agency;
(d) Reports from physicians which state that
				an adopted person, birth parent or sibling has or may have a genetically
				transferable disease;
(e)
				Affidavits or revocations of affidavits received from any birth parent;
				and
(f) Any other relevant
				information received about the adopted person or birth relatives.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 53 - Adoption information search and disclosure › Section DCF 53.04 - Department and agency responsibilities

Current through June 24, 2024
An effective and responsible adoption search program depends
				  on a cooperative working relationship between the department and agencies and a
				  clear delineation of their respective responsibilities as specific under this
				  section.
(1) DEPARTMENT
				RESPONSIBILITIES.
(a) The department shall
				diligently conduct adoption searches in accordance with ss.
				48.432(4)
				(b) and
				48.433(6)
				(a), Stats., when specifically requested to
				conduct a search or when a request is received but no existing agency provided
				services for the adoption or the agency that provided adoption services does
				not have a current interagency agreement with the department under par.
				(b).
(b) The department may
				delegate authority granted under ss.
				48.432
				and
				48.433,
				Stats., to an agency to conduct adoption searches but only through a written
				interagency agreement signed by authorized representatives of the department
				and the agency. The department shall monitor adoption searches conducted by the
				agency.
(c) The department shall,
				upon request, provide adoption search assistance to the agency conducting a
				search under the interagency agreement in accordance with specific provisions
				of the interagency agreement.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 53 - Adoption information search and disclosure › Section DCF 53.05 - Adoption searches

Current through June 24, 2024
(1) REQUESTING A SEARCH.
(a) To initiate a search, a requester shall
				submit a completed application form to the department.
(b) The requester may specify that the search
				be restricted to only that adoption record information available within the
				agency's internal files.
(c) Before
				acting on a request for birth parent identity and location, the department or
				agency shall require adequate identification to ensure that the requester is
				indeed the adoptee and is 21 years of age or over.
(d) A request for medical or genetic
				information shall be given priority attention by the department or agency and
				search activities immediately initiated if the request is accompanied by a
				written statement from a physician certifying that there is a medical emergency
				for which the information is required.
(e) Requesters' applications shall be acted
				upon in the order that the applications are received, except that requests
				under par. (d) shall have priority over other requests.
Note: Application forms may be obtained from and are to be
				  submitted to: Adoption Records Search Program, Division of Safety and
				  Permanence, P.O. Box 8916, Madison, Wisconsin 53708-8916.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 53 - Adoption information search and disclosure › Section DCF 53.06 - Release of adoption information

Current through June 24, 2024
(1)
				CONFIDENTIALITY. The department and agencies shall comply with Wisconsin
				statutes, administrative rules and federal regulations governing
				confidentiality of adoption records and consider all adoption information to be
				confidential information that may only be released as provided under ss.
				48.432,
				48.433,
				and
				48.93, Stats., and
				this chapter.
(2) NOTIFICATION OF
				THE DEPARTMENT. Any agency disclosing identifying information shall inform the
				department regarding the types of information released and the persons to whom
				this information was released.
(3)
				MEDICAL AND GENETIC INFORMATION. The department or agency shall release medical
				and genetic information as follows:
(a) On
				receiving an eligible request, the department or agency shall compile any
				existing medical and genetic information from files maintained at the
				department or agency into a medical and genetic history and provide a copy of
				the information to the requester without charge except for the actual cost of
				reproduction. Any updated medical and genetic information obtained as a result
				of a requested search of additional sources shall also be compiled into a
				medical and genetic history and reported to the eligible requester, and a fee
				may be charged for the cost of the search;
(b) When the department or agency receives
				any updated medical and genetic information pertaining to the birth parents or
				adoptee, the department or agency shall make a reasonable effort to forward
				that information to the birth parent or to the adoptive parent, or to the
				adoptee after he or she has reached age 18, and the agency shall also forward
				that information to the department;
(c) On receiving a report from a physician
				that an adoptee, birth parent or another child of a birth parent has or may
				have a genetically transferable disease, the department or agency shall
				disclose that information directly to the adoptee, if the adoptee is 18 years
				of age or older, or to the guardian, custodian or adoptive parents, if the
				adoptee is under age 18, and to the birth parent, as required by s.
				48.432(7) (a) and
				(b), Stats.; and
(d) On receiving a court order, the
				department or agency shall release information listed in par. (a) or (b) as
				specified by the court order.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 53 - Adoption information search and disclosure › Section DCF 53.07 - Adoption records

Current through June 24, 2024
(1) PERMANENCE. The department and agencies
				shall maintain adoption records permanently.
(2) DEPARTMENT ACCESS TO AGENCY RECORDS.
				Agencies shall make adoption records available to department staff who are
				conducting searches or monitoring the agencies authorized to conduct
				searches.
(3) SAFEKEEPING FOLLOWING
				AGENCY TERMINATION. Agencies shall have written policies providing for
				retention and safekeeping of adoption records in the event that an agency
				discontinues operation. The policies shall include:
(a) A provision for transfer of the adoption
				records into the safekeeping of the agency's governing body and for
				notification of the department regarding access to the transferred records;
				and
(b) A provision that if no
				governing body exists or if the governing body does not accept the transfer of
				records, the adoption records shall be transferred to the department for
				inclusion in the central birth record file.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 53 - Adoption information search and disclosure › Section DCF 53.08 - Complaints

Current through June 24, 2024
Any requester or birth parent not satisfied with an action
				  taken by the department or agency regarding the implementation or
				  interpretation of this chapter may ask the secretary of the department or that
				  person's designee to review the action. Following review, the secretary or
				  designee shall respond to the complainant.
Requests for a review should be addressed to:
					 Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison,
					 Wisconsin 53708-8916.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.02 - Organization and administration

Current through June 24, 2024
(1) INCORPORATION.
				Every child welfare agency shall be incorporated. Any agency incorporated
				outside of Wisconsin shall secure authorization from the secretary of state to
				do business in Wisconsin.
(2) BOARD
				OF DIRECTORS.
(a) Every agency shall be
				governed by a board of directors which is responsible for the operation of the
				agency according to its defined purposes.
(b) If the agency is incorporated in another
				state, the board of directors shall:
1. Meet
				in Wisconsin at least once during the period for which the license is issued,
				or
2. Have a subcommittee of at
				least 3 Wisconsin residents one of whom shall be a member of the board. This
				subcommittee shall be responsible to the board of directors to see that board
				policies are carried out and that there is adherence to licensing
				rules.
(c) When
				requested, the board, or its subcommittee if it is in the category covered by
				par. (b) 2., shall meet with its licensing representative.
(d) The board shall:
1. Define its responsibilities. These
				responsibilities shall include:
a. The
				establishment of policies to be followed by the agency and regular planned
				review of policies and purposes of the agency to determine that the interests
				of children are being served.
b.
				Surveillance that the agency does not discriminate in its personnel practices,
				intake and services on the basis of race, color and national origin.
c. The exercise of trusteeship for property,
				investment and protection from liability.
d. Approval of the budget and responsibility
				for obtaining and disbursing of funds.
e. Employment of a qualified executive and
				delegation to that executive the responsibility for the administration of the
				agency and the employment of other staff members.
2. Meet at least semiannually and keep
				minutes of each meeting which shall be made a part of the permanent records of
				the agency.
3. Keep informed to
				ensure that the agency fulfills its functions.
4. Consult with the department prior to the
				establishment of a new agency or the changing of a basic program of care of an
				existing agency or the extension of service into additional program or
				geographic areas.
5. Notify the
				department when there is a change in the executive of the agency and/or the
				chief officer of the board.
6.
				Notify the department of any major changes pending or occurring in the
				corporate structure, organization or administration of the agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.03 - Personnel administration

Current through June 24, 2024
(1) PERSONNEL
				POLICIES. Each agency shall have a written statement of personnel practices
				adopted by the board. The board shall review personnel practices at least every
				2 years.
(a) The following items shall be
				included in personnel practices and shall be submitted to the department for
				approval with the original application:
1.
				Job specifications for all positions of 6 months or longer duration in the
				agency.
2. `Staff pattern'. There
				shall be a staff sufficient in number and qualifications for the scope of the
				agency's services.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.05 - Indian children

Current through June 24, 2024
(1) DETERMINATION THAT A CHILD IS OR MAY BE
				AN INDIAN CHILD. If an agency has obtained information at intake or through
				other means that the child or at least one of the child's biological parents is
				or may be of American Indian descent, the child's case manager shall:
(a) Carry out and document in the child's
				case record diligent efforts, including but not limited to contacting the
				potential tribe or tribes' membership or enrollment offices and child welfare
				offices, and the U.S. department of interior's bureau of Indian affairs where
				contacts with individual tribes do not document the child's Indian descent, to
				verify that the child is an Indian child and to identify the child's Indian
				tribe;
(b) Inform the court of a
				determination that the child is an Indian child and of the factual basis for
				that determination and document and date in the child's case record that
				determination; and
(c) Comply with
				(a).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.06 - Records, inspections, and reports

Current through June 24, 2024
(1) GENERAL
				REQUIREMENTS. Each agency shall maintain records and submit reports prescribed
				by the department. Authorized representatives of the department shall have
				access to all records pertinent to licensing and to specific adoption searches
				and disclosure of the adoption search information.
(2) RECORDS.
(a) Each agency shall maintain:
1. A permanent register with identifying
				information of all children accepted for service or placement.
2. Individual case records for each child
				served and his family.
a. These records shall
				contain vital statistics information for the child, his parents and siblings,
				source of referral, date of acceptance and terms.
b. The original social study and
				investigation.
c. Legal documents
				pertinent to legal custody and guardianship such as birth records and court
				reports.
d. Written agreements with
				parents, guardians or legal custodians. (The consent and authorization for
				necessary medical or surgical care may be kept separate in the health
				record.)
e. School
				reports.
f. Recording of progress
				of casework and/or treatment plan with child and family.
3. Individual foster home records for each
				foster home used by the agency which include signed applications and
				agreements.
4. Individual records
				of studied adoptive applicants.
5.
				Personnel records.
6. Financial
				reports and audits.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.065 - Department memos

Current through June 24, 2024
A licensee shall register to receive department memos on
				  child welfare licensing and child welfare policy by electronic mail. A licensee
				  shall submit a new registration if the licensee's electronic mail address
				  changes.
Sign up for Child Welfare Licensing Memos at
					 https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for Child Welfare Policy
					 Memos at
					 https://dcf.wisconsin.gov/cwportal/sign-up.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.07 - Rate determination

Current through June 24, 2024
(1) The department shall determine the
				maximum per client administrative rate that each child-placing agency may
				charge for the administrative portion of its services for foster homes with a
				Level 3 or 4 certification based on the following:
(a) A maximum per client administrative rate
				determined by the department that no child-placing agency may exceed.
(b) A per client administrative rate that the
				department determines is appropriate for each child-placing agency program
				based on the reasonable and necessary costs of the services provided by that
				child-placing agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.08 - Allowable costs

Current through June 24, 2024
In determining rates under this subchapter, the department
				  may consider costs incurred for any purpose that is allowable under all of the
				  following:
(1) Applicable federal
				regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31,
				except as provided in sub. (2).
(2)
				Reserves or profit as allowed under the following:
(a) For nonprofit corporations, reserves
				allowed under s.
				49.34(5m) (b)
				1, Stats.
(b) For proprietary child-placing agencies,
				profit allowed on an annual basis is the smaller amount determined under the
				following 2 methods of calculating profit:
1.
				The equity method is the sum of 7.5 percent of allowable operating costs plus
				15 percent of average net equity for the year. In this subdivision, "average
				net equity" means the average cost of equipment, buildings, land, and fixed
				equipment minus the average accumulated depreciation and average long term
				liabilities for the year.
2. The
				expenses method is 10 percent of allowable operating costs for the
				year.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.09 - Rate methodology

Current through June 24, 2024
(1) COST AND SERVICE INFORMATION. Each year
				by July 1, a licensee shall submit the following information to the department:
(a) A cost and service report in which the
				licensee reports the child-placing agency's costs, types of services provided,
				and number of children served in the previous year for services provided for
				foster homes with a Level 3 or 4 certification. The report shall be submitted
				on a department-prescribed form.
Note:
The cost and service report form is
				  available on the department website, http://dcf.wisconsin.gov, by clicking on
				  foster care and adoption/child welfare licensing/rate regulation.
(b) The child-placing agency's
				most recent audit report under s.
				DCF 54.06(8)
				(a).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 54 - Child-Placing Agencies › Section DCF 54.10 - Rate resolution

Current through June 24, 2024
(1) MEDIATION.
(a) If a licensee has negotiated with the
				department under s.
				DCF 54.09(5)
				(c) and does not agree to the department's
				approved rate under s.
				DCF 54.09(5)
				(a), the licensee may request that the
				department and the licensee engage in mediation. A licensee shall send a
				request for mediation within 5 business days after the date of the notice in s.
				DCF 54.09(5)
				(a). The request shall be sent by electronic
				mail to an address specified by the department.
Note:
Requests for mediation should be sent to
				  DCFCWLRateReg@wisconsin.gov [File Link Not Available].
(b) The department shall notify the licensee
				of the date of the mediation no later than 10 working days after receiving a
				request under par. (a).
(c) The
				issues discussed in the mediation shall be limited to the factors in s.
				DCF
				54.09(4).