Scope Statements
Children and Families
Safety and Permanence, Chs. DCF 37-59
Subject
Creates Chapter DCF 12, relating to caregiver background checks.
Policy Analysis
When 2007 Wisconsin Act 20 created the Department of Children and Families (DCF), nonstatutory language provided for the transfer to DCF of rules “primarily related" to the Division of Children and Families within the Department of Health and Families Services (DHFS). Transfer to DCF of department-level DHFS rules that apply “equally" to the Department of Health Services and DCF was not addressed.
The DHFS background check rule, HFS 12, was a department-level rule promulgated based on current DCF statutory authority in s. 48.685, Stats., and current DHS statutory authority in s. 50.065, Stats. The Legislative Reference Bureau (LRB) has informed the Department that necessary parts of the caregiver background check rule cannot be transferred to DCF under LRB's authority to make technical corrections. This proposed rulemaking order will create a DCF caregiver background check rule based on the portions of HFS 12 (renumbered DHS 12) affecting programs regulated by DCF.
The proposed rule will also include statutory updates from 2009 Wisconsin Acts 28 and 76; 2007 Wisconsin Acts 111 and 116; 2005 Wisconsin Acts 184 and 277; and 2001 Wisconsin Act 109.
In addition, the proposed DCF 12 will add certified child care providers as a covered entity directly in the rule. Certified child care providers are subject to the background check requirements in s. 48.685, Stats. Before the creation of DCF, certified providers were regulated by the Department of Workforce Development (DWD). Since DWD had no statutory authority for a background check rule, the certification rules in DCF 202 provide that the same background check provisions that apply to licensed child care under HFS 12 (DHS 12) also apply to certified child care. Certified providers will be specifically included in DCF 12.
The proposed rule will also make various minor changes and clarifications. The Department has a memorandum of agreement with DHS for DHS to continue to perform department-level rehabilitation review procedures for entities regulated by DCF. The Department does not have statutory authority to change the criminal bars by rule.
Statutory Authority
Comparison with Federal Regulations
42 USC 671 requires states to provide procedures for criminal records checks, including fingerprint-based checks of national crime information databases, for any prospective foster or adoptive parent. A felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, is a permanent bar. A felony conviction for physical assault, battery, or a drug-related offense is a 5-year bar. A state must obtain the addresses for the past 5 years of any prospective foster or adoptive parent and any other adult living in the home to enable the state to check any child abuse and neglect registry maintained by the state or any other state.
Entities Affected by the Rule
Treatment foster homes, residential care centers for children and youth, child-placing agencies, foster homes, group homes, shelter care facilities, certified child care providers, family child care centers, group child care centers, days camps for children, and day care programs established by school boards.
Estimate of Time Needed to Develop the Rule
100 hours.
Contact Information
Elaine Pridgen, Rules Coordinator
Office of Legal Counsel
Phone: (608) 267-9403
Children and Families
Safety and Permanence, Chs. DCF 37-59
Subject
Creates Chapter DCF 35, relating to home visitation to prevent child abuse or neglect.
Policy Analysis
Under s. 48.983, Stats., as affected by 2009 Wisconsin Act 28 and 2009 Wisconsin Act 82, a county, private agency, or Indian tribe may apply to the department for an annual grant that will be used to operate a home visiting program to prevent child abuse and neglect.
The home visiting program will provide case management services that will begin when a woman who is eligible for Medical Assistance is pregnant if an assessment shows risk factors for poor birth outcomes or for perpetuating child abuse or neglect. Services will generally continue until the child is 3 years old. One of the purposes for which the grant may be used is to reimburse a case management provider for the amount of the allowable charges under the Medical Assistance program that is not provided by the federal government. The grants may also be used for flexible funds for appropriate expenses of each family that is participating in the home visiting program, training activities, and a grantee's start-up costs and capacity building.
The minimum amount of a grant is $10,000. The county, private agency, or Indian tribe shall agree to match at least 25% of the grant amount annually in funds or in-kind contributions. The department shall determine the amount of a grant awarded to a county, private agency, or Indian tribe in excess of $10,000 based on the need for a grant, as determined by a formula that the department shall promulgate by rule. The formula shall determine need based on the number of births that are funded by Medical Assistance in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe.
The proposed rule will be the formula to determine the grant amount in excess of $10,000, as required by s. 48.983 (2), Stats.
Statutory Authority
Sections 49.983 (2) and 227.11 (2), Stats.
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Counties, tribes, private agencies, and women who are eligible for Medical Assistance and have a substantial risk of poor birth outcomes or future abuse or neglect of a child.
Estimate of Time Needed to Develop the Rule
75 hours.
Contact Information
Kim Eithun
Division of Safety and Permanence
Phone: (608) 261-7836
Children and Families
Safety and Permanence, Chs. DCF 37-59
Subject
Revises Chapters DCF 56 and 58, relating to foster care and kinship care.
Policy Analysis
Section 48.62 (8), Stats., as created by 2009 Wisconsin Act 28, provides that the Department shall promulgate rules to provide levels of care that a licensed foster home is certified to provide, establish a standardized assessment tool to assess the needs of a child and determine the level of care that is required, and provide monthly rates of reimbursement for foster care that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home.
The Department is implementing the rules on levels of care in two phases. This proposed rule will amend the base foster care licensing code and create a process for certification of foster homes at Level 1 and Level 2. A future rulemaking order will create the requirements for foster homes with certification levels above Level 2, establish the customized assessment tool, and provide the process to determine monthly rates of reimbursement above the basic maintenance payment under levels of care.
2009 Wisconsin Act 28 assumes that court-ordered kinship care relatives will be applying for a license to operate a foster home beginning after January 1, 2010, and continuing throughout 2010. The newly-licensed kinship care relatives will be incorporated into the foster care program. Licensing these relatives will allow the state to claim an additional $6.5 million in federal Title IV-E funds for 2010. Act 28 appropriates this $6.5 million to be expended in 2011. 2009 Wisconsin Act 71 provides the specifics on licensing court-ordered kinship care applicants as foster parents. The proposed rule incorporates these requirements.
42 USC 671(a)(10) allows a waiver of a foster care licensing standard only on a case-by-case basis and only for non-safety related standards in relative foster family homes for specific children in care. States must determine which of their foster care licensing standards are not safety related. This rule will determine which licensing standards can be waived for relative foster homes.
The proposed rule will also allow licensing agencies to grant an exception to allow more than 6 but no more than 8 foster children in a foster home if necessary to keep a minor parent and minor child together or to keep siblings together. In addition, the rule will require a licensing agency or placing agency to have at least one contact per month with a foster parent and require a licensing agency to provide each foster parent with a copy of the agency's foster parent handbook.
The proposed rule will also make several other minor changes, clarifications, and statutory updates. A corresponding emergency rule was effective January 1, 2010.
Loading...
Loading...
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.