reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter IV - Resident Care › Section DCF 57.33 - Sleeping arrangements

Current through June 24, 2024
(1) Each resident shall be provided with a
				  separate bed. A child of a resident who is a custodial parent shall also have
				  his or her own crib, bed, or bassinet as appropriate for the needs of the child
				  and may not share a bed with his or her parent.
(2) A resident who is 18 years of age or
				  older may not share a bedroom with a child who is under 18 years of age, unless
				  the resident who is 18 years of age or older is continuing to share a bedroom
				  with a child he or she had already been sharing the bedroom with before turning
				  18 years of age.
(3) No resident
				  may share a bedroom with a licensee, staff member, volunteer, household member,
				  or with a visitor to the premises.
(4) Male and female residents may not share
				  the same bedroom.
(5) No more than
				  4 residents shall occupy any bedroom. For a group home initially licensed after
				  January 1, 2006, no more than 2 residents shall occupy a bedroom.
(6) A room that others must pass through to
				  get to another part of the group home shall not be used as a bedroom for a
				  resident.
(7) Regular sleeping
				  provisions for residents may not be in any building, apartment, or other
				  structure that is separate from the group home structure or in an unfinished
				  attic, unfinished basement, in a hall or in any other room that is not
				  typically used for sleeping purposes. No household member may be permitted to
				  regularly sleep in any of these areas in order to accommodate a
				  resident.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter IV - Resident Care › Section DCF 57.35 - Additional requirements for group homes providing respite care

Current through June 24, 2024
(1) APPLICABILITY.
				  If a group home is licensed under s.
				  DCF
				  57.51 or approved under s.
				  DCF 57.515 to
				  provide respite care, the licensee shall meet the additional requirements of
				  this section.
(2) STAFF.
(a) Each staff member who provides care for a
				  respite care resident shall have training or work experience related to any
				  specific condition or need of the resident for whom care is provided. Staff
				  members with no previous training or experience working with the specific
				  condition or need of a respite care resident shall receive at least 8 hours of
				  supervised experience or more if necessary to provide competent care.
(b) The group home shall designate by name or
				  position a staff member who will have primary responsibility for oversight of
				  respite care residents.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter IV - Resident Care › Section DCF 57.36 - Additional requirements for group homes providing care for custodial parents and expectant mothers

Current through June 24, 2024
(1) APPLICABILITY. If a licensee is licensed
				  under s.
				  DCF
				  57.51 or approved under s.
				  DCF 57.515 to
				  provide care to custodial parents or expectant mothers, the licensee shall meet
				  the additional requirements of this section.
(2) TREATMENT PLANNING. The treatment plan
				  developed under s.
				  DCF
				  57.23 shall include goals and approaches for all of
				  the following:
(a)
Parenting
				  skills.
Parenting skills instruction that includes all of the
				  following:
1. Prenatal and other health care
				  services.
2. Child
				  development.
3. Bathing and
				  hygiene.
4. Child safety.
5. Child guidance and behavior
				  management.
6. Domestic violence
				  issues, sudden infant death syndrome, shaken baby syndrome, and mental health
				  and alcohol and other drug abuse counseling as appropriate.
7. Nutrition and meal preparation.
8. Childcare options.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter IV - Resident Care › Section DCF 57.37 - Additional requirements for care of children 6 years of age or younger

Current through June 24, 2024
(1)
				  APPLICABILITY. If a group home is licensed under s.
				  DCF
				  57.51 or approved under s.
				  DCF 57.515 to
				  admit children under 6 years of age as residents or if the group home provides
				  care to a resident who is the custodial parent of a child under the age of 6,
				  the group home shall meet the additional requirements of this
				  section.
(2) DEFINITIONS. In this
				  section:
(a) "Infant" means a child under one
				  year of age.
(b) "Toddler" means a
				  child at least one year of age but less than 2 years of age.
(c) "SIDS" means Sudden Infant Death
				  Syndrome.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter IV - Resident Care › Section DCF 57.38 - Resident records

Current through June 24, 2024
(1) The licensee shall maintain on the
				  premises a record for each current resident. Each record shall contain all of
				  the following information:
(a) Resident's
				  first name, last name, and alias, if any, date of birth, and gender.
(b) Recent photograph of the
				  resident.
(c) Voluntary placement
				  agreement or court order or both as appropriate.
(d) Referral information such as court
				  reports and assessments from the placing agency.
(e) Name, address and telephone number of the
				  placing agency, parent, guardian, or legal custodian that is responsible for
				  the resident.
(f) Name, address,
				  and telephone number of the person or placing agency and physician to be called
				  in an emergency.
(g) Reasonable and
				  prudent parenting decision records required under s.
				  DCF 57.245(2)
				  (e).
(h) Treatment plan and reviews and
				  post-discharge plan.
(i) Current
				  medical information including all of the following:
1. Medical consent and signed
				  releases.
2. Name of physician and
				  dentist.
3. Dates of medical and
				  dental examinations and recommendations for follow-up care.
4. Immunizations.
5. Illnesses and accidents and dates of
				  each.
6. Medications and treatments
				  received and dates of each.
7.
				  Allergies, including allergies to food or medication.
8. Physical limitations.
(j) Name of school and current
				  grade.
(k) Religious
				  preference.
(L) Incident reports
				  involving the resident for whom the record was made.
(m) Description of any resident rights that
				  are denied or limited and disposition of any grievances.
(n) Inventory of the resident's clothing and
				  other possessions.
(o) Non-medical
				  signed releases and consents.
(p)
				  Discharge summary.
(q) Any other
				  information as appropriate.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter IV - Resident Care › Section DCF 57.39 - Confidentiality

Current through June 24, 2024
Information and records on residents shall be kept
					 confidential and shall be protected from unauthorized examination pursuant to
					 s.
					 48.78
					 and
					 48.981(7),
					 Stats., or where applicable s.
					 51.30(4),
					 Stats., and ch. DHS 92.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter V - Physical Environment and Safety › Section DCF 57.40 - Physical plant and environment

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENTS.
(a) In addition to maintaining
				  the premises in compliance with state and local building code requirements, the
				  licensee shall maintain the premises in a state of good repair and in a clean,
				  safe and sanitary condition.
(b)
				  The department may require a licensee to obtain an inspection of the premises
				  and of the heating, electrical, plumbing, water and sewage systems to determine
				  if any safety or health problems exist.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter V - Physical Environment and Safety › Section DCF 57.41 - General safety precautions

Current through June 24, 2024
(1) Windows and
				  doors that are used for ventilation shall be properly screened.
(2) Electrical systems and appliances shall
				  be in good repair and properly protected.
(3) Tubs and showers shall have safety strips
				  or other non-slip surfaces applied to prevent slipping.
(4) Group homes constructed on or after the
				  effective date of this chapter, January 1, 2006, shall provide ground fault
				  outlets for any electrical outlet within 6 feet of a water source in bathrooms,
				  kitchens, laundry rooms, basements, in the garage and on the exterior of the
				  group home.
(5) Staff members and
				  volunteers shall use universal precautions when exposed to blood and blood
				  containing body fluids and tissue discharges.
(6) The indoor and outdoor premises shall be
				  free of hazards.
(7) There shall be
				  no flaking or deteriorating paint on exterior or interior surfaces.
(8) No lead based paint or other toxic
				  finishing material may be used on the premises of the group home.
(9) Stairways, halls, and aisles shall be
				  maintained in good repair, adequately lighted and free from
				  obstacles.
(10) Stairs shall have a
				  non-slip surface.
(11) Exterior
				  stairs, walks, ramps and porches shall be maintained in a safe condition and
				  free from the accumulation of water, ice, or snow.
(12) Dangerous equipment and harmful
				  substances unnecessary for the operation of the group home may not be kept on
				  the premises. All necessary but potentially dangerous equipment, toxic
				  substances and medications shall be kept inaccessible to residents.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter V - Physical Environment and Safety › Section DCF 57.42 - Fire safety

Current through June 24, 2024
(1) SMOKE DETECTION.
(a) Each group home shall have a smoke
				  detection system. The system shall be an electrically interconnected system
				  listed by Underwriter's Laboratory or a radio signal-emitting system which has
				  at least one centrally mounted alarm horn which, when activated can be heard
				  throughout the premises.
(b) A
				  smoke detector shall be located at each of the following locations in the home:
1. Head of every open stairway.
2. Next to doors leading to every enclosed
				  stairway on each floor level.
3.
				  Every hall. Smoke detectors located in a hall shall not be spaced more than 30
				  feet apart nor more than 15 feet from any wall.
4. Common use rooms, including living rooms,
				  dining areas, lounges, family rooms and recreation rooms, except the
				  kitchen.
5. Bedrooms.
6. Basement.
7. Attic, if accessible.
(c) The smoke detection system shall be
				  tested at least monthly and results documented and kept on file at the group
				  home.
(d) A smoke detector that is
				  located in a room used as a bedroom may be battery operated, free-standing and
				  separate from the interconnected system.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter V - Physical Environment and Safety › Section DCF 57.425 - Carbon monoxide detector

Current through June 24, 2024
(1) A group home 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 group home 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 57 - Group Homes › Subchapter V - Physical Environment and Safety › Section DCF 57.43 - Furnishings and appliances

Current through June 24, 2024
(1) The living
				  space shall be sufficiently furnished and in a good state of repair, maintained
				  in a clean condition, and shall allow for free and informal use by
				  residents.
(2) Each bed shall be of
				  such size as to ensure comfort of the resident. Each bed shall have suitable
				  springs in good condition, a clean, comfortable mattress that is covered with a
				  mattress pad and a waterproof covering when necessary, a pillow, at least 2
				  sheets, a bedspread, and blankets adequate for the season.
(3) The top bunk of a bunk bed shall not be
				  used by residents with conditions limiting mobility and shall have a safety
				  rail if used by a child under 8 years of age.
(4) Triple-deck bunk beds shall not be
				  used.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter V - Physical Environment and Safety › Section DCF 57.44 - Sanitation

Current through June 24, 2024
(1) All garbage containing food waste shall
				  be kept in covered, non-combustible watertight containers. Garbage shall be
				  removed from the group home daily.
(2) Dishes, silverware, and utensils shall be
				  maintained and stored in a clean and sanitary manner. Eating and drinking
				  utensils shall be thoroughly cleaned with detergent and hot water and rinsed
				  after each use.
(3) Single service
				  dinnerware and utensils shall not be used at meals on a regular basis and may
				  not be re-used.
(4) All bed linens
				  shall be changed at least once a week or more often if necessary.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.45 - Group home location

Current through June 24, 2024
(1) A person who operates a group home shall
				  be licensed by the department pursuant to this chapter and s.
				  48.625,
				  Stats. Only one group home license may be issued for any one
				  location.
(2) For each location
				  proposed for licensure by an applicant in sub. (1), the individual,
				  corporation, or agency as applicable shall make a good faith effort to
				  establish and maintain a community advisory committee as specified in s.
				  48.68(4),
				  Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.46 - Other licenses and uses

Current through June 24, 2024
Upon licensure, a licensee may not accept any other
					 license, including a child welfare or child care license, perform a service, or
					 conduct a business on the premises, or combine group home activities with any
					 service or business owned or operated by the licensee without the written
					 approval of the department.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.47 - Group home capacity limits

Current through June 24, 2024
The combined total of the number of residents residing in a
					 family-operated group home and the number of children of the licensee shall not
					 exceed 10.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.48 - General conditions for approval of application

Current through June 24, 2024
(1) Any person
				  licensed to operate a group home shall be a responsible, mature individual who
				  is fit and qualified.
Note:
The term fit and qualified is defined in
					 s.
					 DCF
					 57.04(15) to mean displaying the
					 capacity to successfully nurture and care for children and shall not include a
					 history of a civil action, criminal conviction or administrative rule violation
					 that substantially relates to the care of a child; a history of exercising
					 unsound judgment; or abuse of alcohol or drugs. For help in determining whether
					 a civil action, criminal conviction, or administrative rule violation
					 substantially relates to the care of children, consult s.
					 DCF
					 12.06..
(1m) In determining whether an applicant is
				  fit and qualified, the department may consider any of the circumstances in ss.
				  DCF
				  57.50(1), 57.56(1), and 57.57(1) (a)
				  by an owner, agent, staff member, household member, or other individual
				  directly or indirectly participating in the operation of the group
				  home.
(2) If the department has
				  reason to believe that the physical health or mental health of an applicant,
				  licensee, or household member may endanger a resident, the department may issue
				  a denial or revocation of the license or may require that a written statement
				  be submitted by a physician, or if appropriate, by a licensed mental health
				  professional that certifies the condition of the individual and the possible
				  effect of that condition on the group home or the residents in care.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.485 - Determination of need

Current through June 24, 2024
(1) NEED DETERMINATION BEFORE LICENSE
				  APPLICATION. No person may apply for a license to operate a new group home or
				  for an amendment to a license that would increase the bed capacity of an
				  existing group home until the department has reviewed the need for the
				  additional placement resources that would be made available by the issuance or
				  amendment of the license and has certified in writing that a need exists for
				  the proposed additional placement resources.
(2) DOCUMENTATION OF NEED. An applicant for a
				  determination of need under sub. (1) shall submit all of the following
				  documents to the department:
(a) A statement
				  of support by one or more counties, the division of Milwaukee child protective
				  services, or the department of corrections stating that the proposed additional
				  placement resources are needed.
(b)
				  A detailed description of the why there is a need for this particular group
				  home and any facts that support the applicant's assertion for that
				  need.
(c) A detailed plan for the
				  operation of the proposed group home that includes all of the following:
1. The number, sex, and age range of the
				  children to be served.
2. The type
				  of needs or disabilities of children to be served.
3. Number of staff listed by job title,
				  degree or certification, and full-time or part-time status.
4. A description of the proposed program and
				  treatment goals.
5. The location of
				  the group home and a drawing of the layout of the physical plant.
Note:
Send the determination of need
					 documentation to the Department of Children and Families, Bureau of Permanence
					 and Out-of-Home Care, Child Welfare Licensing Section, 201 W. Washington
					 Avenue, P.O. Box 8916, Madison, WI 53708-8916.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.49 - License application

Current through June 24, 2024
(1) Except as provided in sub. (3), a person
				  who wishes to operate a group home shall submit to the department an
				  application signed as specified in sub. (2) at least 60 days before the date
				  proposed to begin operating the group home. The application shall be made on
				  the department's form CFS 375 and shall be accompanied by all of the following:
(a) The license fee required under s.
				  48.625(2)
				  (a), Stats.
(am) A certification of need issued by the
				  department under s.
				  DCF 57.485(3)
				  (b).
(b) A completed background information
				  disclosure form which shall be completed and signed as follows:
1. If the applicant is one or more
				  individuals, a background information disclosure form shall be completed and
				  signed by each individual applicant and each household member who is 10 years
				  old or older.
2. If the applicant
				  is a corporation or an agency, a background information disclosure form shall
				  be completed and signed by an authorized representative.
(c) Inspection reports verifying that the
				  proposed group home's physical structure, electrical, heating and plumbing
				  systems have been inspected and are in safe operating condition according to
				  applicable industry standards.
(d)
				  Documentation of efforts to establish and maintain the community advisory
				  committee as required under s.
				  DCF
				  57.45(2).
(e) Payment of any forfeitures, fees,
				  assessments related to any licenses issued by the department to the applicant,
				  or a written statement signed by an authorized representative stating that no
				  fees, forfeitures, assessments are owed.
(f) Proof of the insurance required under s.
				  DCF
				  57.08.
(g)
				  A copy of the personnel policies required under s.
				  DCF
				  57.17(1) and any revisions as
				  appropriate.
(h) A copy of the
				  group home's policies and procedures required under s.
				  DCF
				  57.05.
(i)
				  If the applicant for licensure is a corporation, proof of incorporation or
				  authorization to do business in Wisconsin, as required under s.
				  DCF
				  57.52.
(im) A proposed per client rate that each
				  group home will charge for services provided in the current year and a proposed
				  budget with the same cost categories as the department's cost and service
				  report under s.
				  DCF 57.62(1)
				  (a).
(j) Any other information requested by the
				  department.
Note:
A copy of the application form CFS 375
					 may be requested in writing or by phone from the appropriate field office
					 listed in Appendix A. The completed application and license fee should be
					 returned to the field office from which the application was received.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.50 - Licensure prohibited

Current through June 24, 2024
(1) The department shall not license a person
				  if any one of the following circumstances exists:
(a) The department has received certification
				  pursuant to s.
				  49.857(2),
				  Stats., that the applicant or licensee has failed to pay court-ordered payments
				  of child or family support or expenses related to the support of a child or
				  former spouse or has failed to comply with a subpoena or warrant by the
				  department of or a county child support agency related to paternity or child
				  support proceedings.
(b) The
				  department has received certification pursuant to s.
				  73.0301,
				  Stats., from the department of revenue certifying that the applicant or
				  licensee has a delinquent tax liability.
(c) The licensee or applicant has given false
				  information to a government agency, failed to submit a complete application,
				  withheld relevant information, or failed to pay any fee, forfeiture or
				  assessment due to a government agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.51 - Probationary and regular license

Current through June 24, 2024
(1) The initial
				  license granted to an applicant for a group home license shall be a
				  probationary license. A probationary license shall be valid for a period of 6
				  months from the date of issuance unless sooner revoked or suspended. A
				  probationary license may be renewed for an additional 6-month period.
(2) If a probationary licensee wishes to
				  apply for a regular license, the probationary licensee shall submit to the
				  department, the application and materials specified in s.
				  DCF 57.49, at
				  least 30 days before the date the probationary license expires.
(3) Upon receipt of a complete application
				  for a regular license and except as provided in s.
				  DCF 57.50,
				  the department may issue a regular license which shall be valid and continued
				  for a period of 2 years unless sooner revoked or suspended.
(4) If the licensee wishes to continue a
				  regular license, the licensee shall submit to the department, the application
				  and materials specified in s.
				  DCF 57.49 at
				  least 30 days before the end of the 2 year period. Upon receipt of a complete
				  application to continue a regular license, and except as provided in s.
				  DCF 57.50,
				  the department may continue a regular license for an additional 2
				  years.
(5) If the department does
				  not receive a complete application to continue a regular license at least 30
				  days before the end of each 2 year period, the department shall issue a written
				  warning to the licensee. If the licensee fails to apply for a continuance of
				  the license within 30 days after receipt of the warning, the department may
				  revoke the license under s.
				  DCF 57.56 for
				  failure to apply for a continuance of the license as required in sub. (3), or
				  take any other action appropriate to protect the health safety and welfare of
				  the residents.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.515 - License provisions

Current through June 24, 2024
(1) The licensee may not change a license
				  provision without first receiving approval from the department. The licensee
				  shall submit to the department a written request for approval to amend the
				  license. The request shall identify the provision that the licensee wishes to
				  have amended or included under the license and the specific reasons that the
				  provision should be amended or included under the license. Receipt of an
				  amended license from the department shall be evidence of the department's
				  approval of any requested changes to the license provisions.
Note
A request for approval for an amended
					 license may be sent to the field office that serves the group home.
(2) A request to amend a license
				  to serve a resident population that is 18 years of age and over, but under 21
				  years of age, and is transitioning to independence, shall be on a form
				  prescribed by the department.
Form DCF-F-5081-E, Amendment Request to Extend Care to
						Residents 18 Years of Age or Over, But Under 21 Years of Age is available in
						the forms section of the department's website,
http://dcf.wisconsin.gov
, or from
						a department field office. See Appendix A for the address of the field office
						for your area.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.52 - Corporate licensure

Current through June 24, 2024
(1) Before a corporation may be issued a
				  license to operate a group home the corporation shall be incorporated under the
				  laws of Wisconsin or shall have written authorization from the department of
				  financial institutions to do business in Wisconsin.
(2) The corporation shall designate an
				  authorized representative who shall have responsibility for the administration
				  of the group home.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.54 - Posting of license and citations

Current through June 24, 2024
DCF 57.54 Posting of license and citations. The group home
					 license and any exceptions to the license granted by the department under s.
					 DCF 57.02,
					 citations issued by the department in its most recent inspection on the
					 department's form CFS-294, and any notice of enforcement action including
					 notices of license revocation, non-renewal, or summary suspension shall be
					 posted in a place in the group home where it can be easily viewed by the
					 public.
Form CFS-294 is obsolete. The department uses form
						DCF-F-2544-E to issue citations during an
						inspection.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.55 - Sanctions and penalties

Current through June 24, 2024
The department may impose an order or penalty as provided
					 in s.
					 48.715(2) and
					 (3), Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.56 - License revocation

Current through June 24, 2024
(1) In addition to the reasons for revocation
				  specified under ss.
				  48.66(5)
				  and
				  48.715(4) and
				  (4m), Stats., the department may revoke a
				  regular or probationary license under any of the following circumstances:
(a) If an applicant, owner, or licensee, a
				  proposed or current staff member, volunteer, household member or any other
				  person who has or will have contact with residents is any of the following:
1. A person who is the subject of a pending
				  criminal charge or who has been convicted of a felony or misdemeanor that
				  substantially relates to the care of children or activities of the group home.
Note:
Examples of charges and offenses the
					 department will consider in making a determination under this paragraph that an
					 act substantially relates to the care of children are: sexual assault; abuse of
					 a resident of a facility; a crime against life and bodily security; kidnapping;
					 abduction; arson of a building or of property other than a building; robbery;
					 receiving stolen property from a child; a crime against sexual morality such as
					 enticing a minor for immoral purposes or exposing a minor to harmful materials;
					 and interfering with the custody of a child. The list is illustrative. Other
					 types of offenses may be considered.
2. A person who has been determined by a
				  government agency to have abused or neglected a child or who has been
				  determined to have committed an offense that is substantially related to the
				  care of children or activities of the group home.
3. A person against whom a finding of abuse
				  or neglect or of a misappropriation of property of a client has been entered on
				  the Wisconsin caregiver registry maintained by the department pursuant to ch.
				  DHS 13.
4. A person who is the
				  subject of a court finding that the person has abandoned, abused, or neglected
				  a child.
5. A person who fails to
				  submit a background information disclosure form completed under the
				  requirements of s.
				  48.685,
				  Stats., and ch. DCF 12, and this chapter, or a person who has made false
				  statements on the background information disclosure form.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.57 - Summary suspension of a license

Current through June 24, 2024
(1)
(a) The department may close a group home by
				  summarily suspending a regular or probationary license if the department
				  believes the action is required to protect the health safety, and welfare of
				  residents. Reasons for summary suspension include all of the following:
1. Failure of the licensee to maintain or
				  restore environmental protection for the residents, such as heat, water,
				  electricity or telephone service.
2. The licensee or a person under the
				  supervision of the licensee has committed an action or has created a condition
				  relating to the operation or maintenance of the group home that directly
				  threatens the health, safety or welfare of any child under the care of the
				  licensee.
3. The licensee, an
				  employee, a volunteer or any other person in regular contact with the residents
				  in care has been convicted of, or has a pending charge for a crime against life
				  or a crime of bodily injury.
4. A
				  licensee, staff member, volunteer or any other person in regular contact with
				  the residents in care is the subject of a current investigation for alleged
				  child abuse or neglect under s.
				  48.981,
				  Stats.
5. The reasons specified
				  under s.
				  DCF 57.56(1)
				  (a).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.58 - Appeal procedure

Current through June 24, 2024
(1) Except as provided in subs. (3) and (4),
				  a department decision to deny, refuse to renew, or revoke a license or to issue
				  an order or decision affecting the licensee under s.
				  48.64
				  or
				  48.715,
				  Stats., may be reviewed under ch. 227, Stats.
(2) A request for a hearing shall be in
				  writing and submitted to the department of administration's division of
				  hearings and appeals. The request for a hearing shall be sent to the division
				  of hearings and appeals within 10 days after the date on the notice of the
				  department's refusal or failure to issue, renew, or continue a license or the
				  department's action taken under s.
				  48.715,
				  Stats.
Note:
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
					 appropriate field office listed in Appendix A.
(3) An appeal of a denial or revocation based
				  on a certification by the department of failure to pay court-ordered payments
				  of support or failure to comply with a subpoena or warrant issued by the
				  department shall be filed pursuant to s.
				  49.857,
				  Stats.
(4) An appeal of a denial,
				  refusal to renew or revocation of a license based on a certification of tax
				  delinquency from the department of revenue shall be filed within 30 days after
				  the date on which the notice of denial, refusal to renew, or revocation as
				  required under s.
				  73.0301(2)
				  (b) 1 b., Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VI - Licensing and Enforcement › Section DCF 57.59 - Complaints

Current through June 24, 2024
Any person having a complaint about a licensed group home
					 or a group home operating without a license may submit that complaint to the
					 department by telephone, facsimile, electronic mail, letter or personal
					 interview. A department licensing representative shall investigate each
					 complaint. The department shall send a written report of the findings of that
					 investigation to the complainant upon request.
A complaint should be sent, phoned or delivered to the
						regional field office listed in Appendix A that serves the group home.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VII - Rate Regulation › Section DCF 57.60 - Rate determination

Current through June 24, 2024
(1) The department shall determine the
				  maximum per client rate that each group home may charge for costs associated
				  with room, board, administration, service provision, and oversight of youth in
				  the group home based on all of the following:
(a) A maximum per client rate determined by
				  the department that no group home may exceed.
(b) A per client rate that the department
				  determines is appropriate for each group home based on the reasonable and
				  necessary costs of the services provided by that group home.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VII - Rate Regulation › Section DCF 57.61 - 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 group homes, 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 57 - Group Homes › Subchapter VII - Rate Regulation › Section DCF 57.62 - 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 group home'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 group home's most recent audit report
				  under s.
				  DCF
				  57.07(1).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VII - Rate Regulation › Section DCF 57.63 - Rate resolution

Current through June 24, 2024
(1) MEDIATION.
(a) If a licensee has negotiated with the
				  department under s.
				  DCF 57.62(5)
				  (c) and does not agree to the department's
				  approved rate under s.
				  DCF 57.62(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 57.62(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
				  57.62(4).
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VII - Rate Regulation › Section DCF 57.64 - 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 57.60 to
				  57.63 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 group home as determined by under s.
				  DCF
				  57.62(5) or 57.63, 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 57.61.
Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter VII - Rate Regulation › Section DCF 57.65 - 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 57 - Group Homes › Appendix A - Field Offices Of The Department Of Children And Families

Current through June 24, 2024
The Department of Children and Families licenses group homes
				  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 58 - Kinship Care And Long-Term Kinship Care › Section DCF 58.01 - Purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				  48.57(3m)
				  (h) and (i) and (3n) (h) and (i) and
				  227.11(2),
				  Stats., to establish criteria and procedures for determining initial and
				  continuing eligibility of a relative providing care and maintenance for a child
				  for a monthly payment to assist with the expenses involved in providing that
				  care and maintenance and for recovering overpayments.
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 58.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Adult resident" means a person 18 years of age or over who meets any of the
				following conditions:
(a) Lives at the home of
				a relative caregiver with the intent of making that home the person's
				home.
(b) Lives at the home of a
				relative caregiver for more than 30 days cumulative in any 6-month
				period.
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 58.03 - Types of relative caregiving

Current through June 24, 2024
This chapter applies to the following types of relative
				  caregiving of a child:
(1)
				COURT-ORDERED OUT-OF-HOME CARE PLACEMENT. A relative applying for or receiving
				kinship care payments on behalf of a child that was placed in the relative's
				home under a court order or a voluntary transition-to-independent-living
				agreement and is under the placement and care responsibility of a child welfare
				agency. A relative under this subsection shall also apply for or have applied
				for a license to operate a foster home under ch. DCF 56, unless the child was
				placed in the relative caregiver's home by a court order of a tribal
				court.
(2) VOLUNTARY. A relative
				applying for or receiving kinship care payments on behalf of a child residing
				with the relative for a child that was not placed in the relative caregiver's
				home under a court order or a voluntary transition-to-independent-living
				agreement and is not under the placement and care responsibility of a child
				welfare agency. The child's living arrangement with the relative may be
				informal or the relative may be the child's guardian under s.
				48.9795,
				Stats., or a tribal private guardianship order.
(3) GUARDIAN APPOINTED FOR CHILD IN NEED OF
				PROTECTION OR SERVICES. A relative that is applying for or receiving long-term
				kinship care payments and is a 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.
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 58.04 - Requirements for applicants and kinship care and long-term kinship care relatives

Current through June 24, 2024
(1) APPLICATION.
(a)
All applicants.
The
				relative caregiver applies for kinship care payments or long-term kinship care
				payments using the application form prescribed by the department.
(b)
Court-ordered out-of-home care
				placement.
1. If the child is 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, the relative caregiver also
				completes the application for a license to operate a foster home, including the
				completion of forms prescribed by the department under ch. DCF 56.
2. Notwithstanding subd. 1., a relative
				caregiver of a child placed in the relative caregiver's home under a court
				order or a voluntary transition-to-independent-living agreement is not required
				to apply for a license to operate a foster home if the child was placed in the
				relative caregiver's home by a court order of a tribal court.
Note:
If a relative caregiver has a private
				  guardianship of the child under s.
				  48.9795,
				  Stats., or a tribal private guardianship order, a child welfare agency does not
				  have placement and care responsibility for the child, unless there is another
				  court order giving the child welfare agency placement and care
				  responsibility.
(c)
More than one child.
A
				relative caregiver may apply for kinship care or long-term kinship care for
				more than one child on the same application form.
Note:
DCF-F-CFS2023,
Kinship Care
				  Payment Application,
is the application prescribed by the department
				  if the relative caregiver is not required to apply for a license to operate a
				  foster home. DCF-F-2483-E,
Joint Court-Ordered Kinship Care and Foster
				  Care Application -Part A
is the application form prescribed by the
				  department if the child is in a court-ordered out-of-home care placement. Both
				  application forms are available on the department's website at
				  https://dcf.wisconsin.gov/forms.