11. Approval criterion for short-term (up to 90 days) and respite care (up to 9 days) programs operated by residential care centers.
12. Recognition that, if designated by the Wisconsin Department of Corrections, a residential care center may operate a program for type 2 status juveniles placed by a court under s. 938.34 (4d), Stats., or by the Department of Corrections under s. 938.357 (4), Stats.
The Department in September and October 1995 held three public hearings on an earlier version of these proposed revised rules for child care institutions. The proposed new rules were then held up in the rulemaking process for consideration of specific concerns raised by new Department executives and because drafting staff were temporarily reassigned to support implementation of major new state legislation relating to uniform procedures across Department regulatory programs for checking caregiver backgrounds. Although the proposed rules are very similar to the proposed rules the Department was going to send to the Legislature for review in October 1996 following the 1995 public hearings, the Department has decided to go back to public hearing with them through this notice because of the addition of three new sections to the chapter (for type 2 programs, short-term programs and respite care programs) and the length of time that has elapsed since the last public review.
Contact Information
To find out more about the hearing or to request a copy of the rules, write or phone:
Donald Dorn
Division of Children and Family Services
P.O. Box 8916
Madison, WI 53708-8916
Telephone (608) 266-0415 or,
if you are hearing impaired, (608) 266-7376
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than October 29, 1999 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This order revises ch. HFS 52, the Department's rules for regulation of child care institutions (CCIs) which are being re-named residential care centers for children and youth.
The revision incorporates several new rules which may increase the operating costs of these child care institutions. The new rules deal with bonding requirements, staff-child ratios, interconnected smoke detector requirements and additional staff time needed to comply with requirements relating to child protection, patient rights and grievance procedures, permission to administer psychotropic medication and assessment and treatment planning. It is believed that most CCIs are already in compliance with the majority of the new requirements so their impact will depend on whether individual institutions have kept pace with current preferred standards and practices. Based on a survey of 8 CCIs, the new rules will generally have a minimal impact on operating costs. Some institutions will be impacted more than others, depending on their current staffing structure, service resources and plant facilities.
None of the 38 CCIs are operated by state government or local governments. However, state government agencies and county governments purchase CCI residential care and treatment services. Given that the impact on CCI operating costs will generally be minimal, the new rules should have a minimal impact on expenditures by the state and by local governments for CCI services. Even if the new requirements result in rate increases for CCIs in some areas of the state, the effect of those increases will depend on CCI placement trends in those areas.
Initial Regulatory Flexibility Analysis
These revised rules apply to 38 privately owned residential child care institutions in Wisconsin, a few of which are small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. The facilities provide treatment for children, youth and young adults who have an emotional disturbance, difficulty in acquiring life skills, a developmental disability or have been abusing alcohol or involved with drugs.
The rules have not been generally updated for many years. They are revised by this order to change the generic name of the facilities to residential care centers for children and youth, to bring the rules into compliance with current drafting standards, statutes and other rules, to permit centers to operate short-term programs (up to 90 days) and respite care programs (up to 9 days) and to add new provisions to promote the health, safety and welfare of residents.
There are new requirements relating to: notification of parents and the Department; staff training; preadmission screening; initial assessment of a new resident within 30 days of admission; development of a treatment plan for each new resident; a center program statement; conditions for use of behavior management and control techniques; use of locked living units only with approval of the Department, and for purposes and under conditions specified in the rules; resident rights; transportation of residents; medication administration; fire safety; and conducting caregiver background checks on prospective new employes.
The new rules are minimum requirements to protect the health, safety and welfare of center residents.
Many of the new requirements are recognized as good management practices by the industry.
No new professional skills are necessary for compliance with the revised rules.
Notice of Hearing
Public Instruction
Notice is hereby given that pursuant to ss. 115.42 (4) and 227.11 (2) (a), Stats., and interpreting s. 115.42, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the creation of ch. PI 37, relating to grants for national teacher certification.
Hearing Information
October 26, 1999 Room 041
Tuesday GEF #3 Building
4:00 p.m. to 125 South Webster St.
5:00 p.m. Madison, WI
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peter Burke, Teacher Education, Licensing and Placement, at (608) 266-1879 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Information
A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to
lori.slauson@dpi.state.wi.us or by writing to:
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than October 29, 1999, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Dept. of Public Instruction
1997 Wis. Act 237 created s. 115.42, Stats., which establishes a grant program for national teacher certification. Under the program, the state superintendent shall award $2,000 in the 1999-2000 school year and $2,500 in the 2000-01 school year to any applicant who meets all of the following requirements:
• The person is certified by the National Board for Professional Teaching Standards before July 1, 2000.
• The person is licensed as a teacher by the state superintendent or employed as a teacher in a private school located in this state.
• The person is a resident of this state.
• The person is employed as a teacher in this state.
A person receiving a national teacher certificate is exempt from meeting the teacher license renewal requirements in the 5 years immediately preceding his or her application for renewal if he or she has been initially certified by the National Board for Professional Teaching Standards during those 5 years.
The rules establish:
• The application process, including necessary documentation.
• The number of times that a teacher may be exempt from continuing professional education requirements.
The statutes also require the rules to specify a selection process for grant recipients. Since the appropriation for the program is sum sufficient for grants awarded, and there is no limit as to the number of awards that may be made (the language limiting grant recipients to 20 was vetoed), it would seem that all applicants meeting the eligibility criteria specified in the rule will be selected to receive grants. Therefore, the rules do not specify a selection process in addition to the eligibility criteria section.
Fiscal Estimate
The proposed rules establish procedures for awarding grants and specify exemption allowances for national teacher certificate holders. The rule will have no fiscal effect on local government.
Under the program, the state superintendent shall award $2,000 in the 1999-2000 school year and $2,500 in the 2000-2001 school year to any applicant meeting certain specifications. A sum sufficient appropriation has been created to award grantees.
Administration of the program will be carried out using existing staff and resources and should not result in any significant costs to the state.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.
Notice of Hearing
Public Service Commission
Notice is given that a hearing will be held at the time and place indicated below and continuing at times to be set by the presiding Administrative Law Judge. This docket (Docket 1-AC-185) proposes to revise ch. PSC 4, Wis. Adm. Code. These rules currently describe procedures to provide the Public Service Commission of Wisconsin with adequate information on the short-term and long-term environmental effects of its actions, as required by the Wisconsin Environmental Policy Act (WEPA), ch. 274, section 1, laws of 1971 and s. 1.11, Stats.
Hearing Information
October 26, 1999 Amnicon Falls Hrg. Rm.
Tuesday 1st Floor, PSC
1:30 p.m. 610 North Whitney Way
Madison, WI
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations or who needs to obtain this document in a different format should contact the case coordinator listed below under “Contact Information".
Analysis
Statutory authority: ss. 196.02 (3) and 227.11
Statute interpreted: s. 1.11
Section 1.11, Stats., is known as the Wisconsin Environmental Policy Act (WEPA). This statute requires each state agency to consider and make known to the public the environmental impacts of any major action the agency is proposing, if the action would significantly affect the quality of the human environment. The Public Service Commission (Commission) has adopted rules to implement WEPA.
The Commission's rules categorize various actions the Commission undertakes in three separate tables and describe when an environmental impact statement (EIS) or a preliminary document known as an environmental assessment (EA) must be prepared for these actions. Table 1 consists of “Type I" actions, which the Commission has determined are major actions significantly affecting the quality of the human environment. The rules specify that an EIS must be prepared for any Type I action. Table 2 consists of “Type II" actions, which the Commission has determined have the potential to significantly affect the quality of the human environment. The rules require the Commission to prepare an EA for each Type II action; the function of an EA is to provide a preliminary factual investigation of the action's environmental impacts. Under current rules this preliminary investigation allows the WEPA coordinator, who is a qualified staff person designated by the Commission, to determine whether an EIS is necessary. For Type II actions, the WEPA coordinator also has the option of making a determination that an EIS is needed based on the information that is immediately available, without waiting for an EA to be completed. Table 3 consists of “Type III" actions, which the Commission has found do not normally have the potential to significantly affect the quality of the human environment. Type III actions normally require neither an EA nor an EIS, although an evaluation of a specific Type III proposal may indicate that preparation of such a document is warranted.
These proposed rules remove the WEPA coordinator's authority to determine whether an EIS or an EA is required. Instead, this authority reverts to the Commission. The proposed rules also change the Type I, II, and III lists, in order to base the level of required environmental review on the potential for significant impacts rather than the current arbitrary thresholds. In addition, they change the process of preparing an EA. The proposed rules focus the EA on determining the need for an EIS, rather than using it to provide an encyclopedic description of potential environmental impacts. Finally, the proposed rules modify the process of securing public input during the Commission's review process, so it can be received at appropriate times.
WEPA coordinator authority
Under current rules, the WEPA coordinator determines whether a proposed action of the Commission would significantly affect the quality of the human environment, for which an EIS must be prepared. If a project's environmental effect is less certain the WEPA coordinator may direct that an EA be completed, and may then decide whether the EA shows that an EIS is required. The proposed rules specify that the Commission will make these determinations.
Changes to the Type I, II, and III lists
