2019 - 2020 LEGISLATURE
December 2, 2019 - Introduced by Representatives Ballweg, Billings, Bowen,
Considine, Emerson, Horlacher, Krug, Ohnstad, Ramthun, Snyder,
Spreitzer, Stubbs, Tittl, Tusler, Vining and Skowronski, cosponsored by
Senators Darling, Johnson, Bewley, Olsen, Wanggaard and Ringhand.
Referred to Committee on Children and Families.
1An Act to create
48.675 of the statutes; relating to: qualified residential
2treatment programs, providing an exemption from rule-making procedures,
3and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill allows the Department of Children and Families to certify a residential
care center, group home, or shelter care facility to operate a qualified residential
treatment program for children and youth (QRTP) if it determines that the program
meets the federal requirements for such a program to receive Title IV-E child welfare
funding and DCF's requirements for such a program. Under the bill, DCF is required
to promulgate rules for the establishment, certification, and operation of a QRTP.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
48.675 of the statutes is created to read:
548.675 Qualified residential treatment programs. (1)
The department 6
may certify a residential care center, group home, or shelter care facility to operate
a qualified residential treatment program for children and youth if it determines 2
that the program meets the requirements of 42 USC 672
(k) (4) and any other 3
requirements established by the department under this section.
The department shall promulgate rules for the establishment, certification, 5
and operation of a program under sub. (1).
(1) Emergency rule-making authority.
The department of children and 8
families may use the procedure under s. 227.24 to promulgate rules under s. 48.675 9
(2). Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under 10
this subsection remain in effect until July 1, 2022, or the date on which permanent 11
rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the 12
department is not required to provide evidence that promulgating a rule under this 13
subsection as an emergency rule is necessary for the preservation of the public peace, 14
health, safety, or welfare and is not required to provide a finding of emergency for a 15
rule promulgated under this subsection.