42 USC 675 (1) (G) defines “case plan" to include a plan for ensuring the educational stability of the child while in foster care, including an assurance that the state agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or if remaining in such school is not in the best interests of the child, assurances by the state agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.
42 USC 674 (4) (A) defines “foster care maintenance payments" as payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.
As part of the Fostering Connections to Success and Increasing Adoptions Act of 2008,
42 USC 675 (1) (G) was created and
42 USC 674 (4) (A) was amended to add the phrase “reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement."
Comparison with similar rules in adjacent states
The assessment tool prescribed by the department is used statewide in Iowa and Illinois and is used parts of Minnesota and Michigan. Michigan and Illinois have a levels of care system for foster homes.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
The proposed rule will affect private child-placing agencies, some of which are small businesses. The policies in the rule were developed in collaboration with members of the Foster Parent Training Committee and the Out-of-Home Care/Adoption Committee, which included representatives from child-placing agencies.
Much of the rule is based on current practices of the majority of agencies supporting treatment foster care. The sections on agency responsibilities were part of DCF 38 and have been rewritten into DCF 56 with few changes. Representatives from child-placing agencies indicated that their agencies already require foster parents to have as much or more than the training hours in the proposed rule. Many agencies that serve treatment foster parents and treatment foster children with higher needs already have a levels or intensity system with different foster parent qualifications, training, and payments. The rule will put structure and consistency to the levels of care that will help counties know what services they are purchasing as they work with different private agencies that provide similar services. Existing treatment foster homes will be grandfathered in as Level 3 foster homes and existing shift-staffed treatment foster homes will be grandfathered in as Level 5 foster homes. Some private child-placing agencies will choose to offer Level 4 foster homes and will certify these foster parents under the emergency and proposed rules. The administrative cost will be minimal.
In addition, the department will be providing 6 hours of the new pre-placement training without charge to the agencies. The department is also creating online training to allow agency staff to receive certification and recertification in administering the standardized assessment tool without charge.
Effect on Small Business
The rule will affect small businesses, but will not have a significant economic effect on a substantial number of small businesses.
Small business regulatory coordinator
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This rule incorporates the administrative rule under Chapter
38 into Chapter
56 to create one universal licensing code for foster care and treatment foster care providers. This is the second phase of creating the Levels of Care system passed in
2009 Wisconsin Act 28. This rule establishes the requirements for certification at levels 3, 4, and 5. A foster home is licensed at these levels based on a number of factors, including the level of knowledge, skill, training, and experience of the licensee. This rule establishes the minimum amount of training at each of these levels. In addition, this rule mandates the use of the Child and Adolescent Needs and Strengths (CANS) rating tool. This rating tools is designed to consistently identify the needs of children, ensure that providers are addressing those needs, and determine reimbursements to foster and treatment foster parents.
The rule will affect counties and the Department, which operates the child welfare program in Milwaukee County. The rule is not anticipated to affect current foster care and treatment foster care providers. Most existing providers meet the qualifications in the rule and existing providers are grandfathered into the rule.
The implementation of the CANS rating tool may identify some unmet needs for children, which could increase the costs of providing services to these children. Also, the CANS rating tool could more appropriately identify a lesser level of need for children who already are receiving special services, which may decrease costs to serve these children. Additionally, providing children with adequate services may reduce the length of stay for children in out-of-home care, reducing long-term costs. The net effect of these scenarios cannot be determined.
State fiscal effect
Indeterminate.
Local fiscal effect
Indeterminate.
Long-range fiscal implications
None.
Agency Contact Person
Jonelle Brom, Bureau of Permanence and Out-of-Home Care, Division of Safety and Permanence, (608) 264-6933,
jonelle.brom@wisconsin.gov.
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
NOTICE IS HEREBY GIVEN that pursuant to sections
101.02 (1),
101.02 (15) (j),
101.09,
101.63,
101.654,
101.82,
101.951,
101.985,
145.02, and
145.17 Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter
Comm 5, relating to licenses, certifications and registrations.
Hearing Information
The public hearing will be held as follows:
Date and Time Location
April 27, 2011 Conference Room 3B
Wednesday Tommy G. Thompson Center
at 10:00 A.M. 201 W. Washington Avenue
Madison, WI 53703
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days before the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
May 6, 2011, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Proposed Rule
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Norma McReynolds, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
norma.mcreynolds@wisconsin.gov, or at telephone (608) 267-7907 or TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by the Department of Commerce
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Chapter
101, Stats., authorizes the Department of Commerce to adopt reasonable and proper rules relative to the exercise of its powers and authorities, including the issuance and renewal of various credentials to businesses and individuals related to building construction and petroleum storage tanks. Chapter
145, Stats., grants the Department authority to promulgate rules governing plumbers and automatic fire sprinkler system installers.
Related statute or rule
None known.
Summary of proposed rules
For the most part the proposed rule revisions are non-substantive in nature; correcting or providing consistent format, eliminating irrelevant dates, updating referenced national standards to current editions; clarifying registration obligations; and revising terminology to reflect statutory changes (
2009 Wisconsin Act 291).
There are three substantive revisions:
• Establishing qualifying provisions for individuals applying to take the certification exam for automatic sprinkler fire sprinkler system testers. Applicants would be required to complete either level II NICET certification in the inspection and testing of water-based automatic fire sprinkler systems, or level I or II fire protection system contractor license issued by the Florida state fire marshal.
• Establishing 12 hours of continuing education obligations for automatic fire sprinkler system testers for the renewal of the certifications on and after January 1, 2014.
• Reducing the continuing education obligations for utility contractor license renewal from 12 hours to 6 hours.
Comparison with existing or proposed federal regulations
Relative to the substantive provisions of the proposed rules revisions, the federal government does not license plumbers or individuals who test automatic fire sprinkler systems.
Comparison with similar rules in adjacent states
An Internet based search relative to the proposed substantive revisions concerning automatic fire sprinkler system testers and utility contractors did not find any credentialing provisions for these specific categories in Illinois, Iowa, Michigan or Minnesota, although the states do have licensing provisions for automatic fire sprinkler systems and plumbing.
Summary of factual data and analytical methodologies
There are currently 101 individuals certified by the Department as automatic fire sprinkler system testers and 427 individuals licensed as utility contractors. The proposed revisions relating to automatic fire sprinkler testers and utility contractors were developed after evaluating their respective scope of activities performed under their credentials.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
The proposed revisions relating to the automatic fire sprinkler testers were recommended by the Automatic Fire Sprinkler Contractor and Journeymen Licensing Council. Council members are responsible for bringing forth the concerns that their respective organizations may have with the requirements including economic impacts.
The Department also offers an e-mail subscription service to anyone who is interested in rule development and/or council activities. The service provides e-mail notification of council meetings, meeting agendas and council meeting progress reports.
E-mail notifications for revisions under chapter Comm 5 typically are sent to the subscription service subscribers who are affected by the changes. Notifications will be sent to subscribers who are interested in manufactured homes, welding, electrical, automatic fire sprinkler systems, plumbing and elevators. E-mail notifications would be sent to approximately 6,000 subscribers.
The department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report is not required pursuant to section
227.137, Stats.
Effect on Small Business
Initial regulatory flexibility analysis
1. Types of small businesses that will be affected by the rules.
The propose rules involve the licenses, certifications and registrations of individuals associated with various building construction components, activities or structures including manufactured homes, welding, automatic fire sprinkler systems, electrical construction wiring, plumbing, petroleum tanks, and elevators. The proposed rules do directly affect small businesses, but rather individuals who undertake specific activities.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Other than establishing continuing education obligations for the renewal automatic fire sprinkler system tester registration, the proposed rules do not require any new or additional reporting, bookkeeping or other procedures for compliance.
3. Types of professional skills necessary for compliance with the rules.
The proposed rules do not require any new or additional skills for compliance.
4. Rules have a significant economic impact on small businesses.
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
For the most part the proposed rule revisions are non-substantive in nature; correcting or providing consistent format, eliminating irrelevant dates, updating referenced national standards to current editions; clarifying registration obligations; and revising terminology to reflect statutory changes such as
2009 Wisconsin Act 291. The proposed rules do not establish or revise any of the credentials fees under chapter Comm 5.
State fiscal effect
No state fiscal effect.
Fund sources affected
Pro.
Local fiscal effect
No local government costs.
