Alert! This chapter may be affected by an emergency rule:
DCF 57.425(2) (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.
DCF 57.425 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff.1-1-12.
DCF 57.43 DCF 57.43 Furnishings and appliances.
DCF 57.43(1)(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.
DCF 57.43(2) (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.
DCF 57.43(3) (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.
DCF 57.43(4) (4)Triple-deck bunk beds shall not be used.
DCF 57.43 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.44 DCF 57.44 Sanitation.
DCF 57.44(1)(1)All garbage containing food waste shall be kept in covered, non-combustible watertight containers. Garbage shall be removed from the group home daily.
DCF 57.44(2) (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.
DCF 57.44(3) (3)Single service dinnerware and utensils shall not be used at meals on a regular basis and may not be re-used.
DCF 57.44(4) (4)All bed linens shall be changed at least once a week or more often if necessary.
DCF 57.44 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
subch. VI of ch. DCF 57 Subchapter VI — Licensing and Enforcement
DCF 57.45 DCF 57.45 Group home location.
DCF 57.45(1)(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.
DCF 57.45(2) (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.
DCF 57.45 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.46 DCF 57.46 Other licenses and uses. 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.
DCF 57.46 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.47 DCF 57.47 Group home capacity limits. 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.
DCF 57.47 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.48 DCF 57.48 General conditions for approval of application.
DCF 57.48(1)(1)Any person licensed to operate a group home shall be a responsible, mature individual who is fit and qualified.
DCF 57.48 Note 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..
DCF 57.48(1m) (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.
DCF 57.48(2) (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.
DCF 57.48 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 57.485 DCF 57.485Determination of need.
DCF 57.485(1)(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.
DCF 57.485(2) (2)Documentation of need. An applicant for a determination of need under sub. (1) shall submit all of the following documents to the department:
DCF 57.485(2)(a) (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.
DCF 57.485(2)(b) (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.
DCF 57.485(2)(c) (c) A detailed plan for the operation of the proposed group home that includes all of the following:
DCF 57.485(2)(c)1. 1. The number, sex, and age range of the children to be served.
DCF 57.485(2)(c)2. 2. The type of needs or disabilities of children to be served.
DCF 57.485(2)(c)3. 3. Number of staff listed by job title, degree or certification, and full-time or part-time status.
DCF 57.485(2)(c)4. 4. A description of the proposed program and treatment goals.
DCF 57.485(2)(c)5. 5. The location of the group home and a drawing of the layout of the physical plant.
DCF 57.485 Note 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 E. Washington Avenue, Madison, WI 53708.
DCF 57.485(3) (3)Department determination.
DCF 57.485(3)(a) (a) The department shall review an applicant's documents for completeness and may ask the applicant for additional information that the department considers necessary to make the determination of need.
DCF 57.485(3)(b) (b) Within 90 days after the date on which the department received all required documents and information from an applicant, the department shall send written notice of its determination of need to the applicant. The notice shall state the specific reason for the determination. If the department determines that the proposed additional placement resources are needed, the notice shall be accompanied by the department's certification of need.
DCF 57.485(3)(c) (c) The department shall consider an application that remains incomplete for a 90-day period after receipt of any documentation to be withdrawn.
DCF 57.485 Note Note: A certification of need allows a person to apply for a group home license. It does not guarantee that the department will issue a license nor does it guarantee any placements.
DCF 57.485(4) (4)Appeal.
DCF 57.485(4)(a) (a) An applicant or a party adversely affected by a determination issued under sub. (3) may request an administrative hearing under s. 227.42, Stats., from the department of administration's division of hearings and appeals by submitting a written request for hearing to that office so that it arrives there within 30 days after the date of the notice under sub. (3).
DCF 57.485(4)(b) (b) The standard of review for the hearing shall be whether the record contains the quantity and quality of evidence that a reasonable person could accept as adequate to support the decision.
DCF 57.485 Note 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 Department of Children and Families, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53703-8916.
DCF 57.485 History History: EmR1034: emerg. cr., eff. 9-2-10; CR 10-105: cr. Register July 2012 No. 679, eff. 8-1-12; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register September 2016 No. 729.
DCF 57.49 DCF 57.49 License application.
DCF 57.49(1)(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:
DCF 57.49(1)(a) (a) The license fee required under s. 48.625 (2) (a), Stats.
DCF 57.49(1)(am) (am) A certification of need issued by the department under s. DCF 57.485 (3) (b).
DCF 57.49(1)(b) (b) A completed background information disclosure form which shall be completed and signed as follows:
DCF 57.49(1)(b)1. 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.
DCF 57.49(1)(b)2. 2. If the applicant is a corporation or an agency, a background information disclosure form shall be completed and signed by an authorized representative.
DCF 57.49(1)(c) (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.
DCF 57.49(1)(d) (d) Documentation of efforts to establish and maintain the community advisory committee as required under s. DCF 57.45 (2).
DCF 57.49(1)(e) (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.
DCF 57.49(1)(f) (f) Proof of the insurance required under s. DCF 57.08.
DCF 57.49(1)(g) (g) A copy of the personnel policies required under s. DCF 57.17 (1) and any revisions as appropriate.
DCF 57.49(1)(h) (h) A copy of the group home's policies and procedures required under s. DCF 57.05.
DCF 57.49(1)(i) (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.
DCF 57.49(1)(im) (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).
DCF 57.49(1)(j) (j) Any other information requested by the department.
DCF 57.49 Note 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.
DCF 57.49(2) (2)If an applicant for licensure is an agency or corporation, an authorized representative of the agency or corporation as applicable shall sign the application. If the applicant for licensure is one or more individuals, the application shall be signed by each individual.
DCF 57.49(3) (3)A licensee applying for a license for an additional group home location shall be in compliance with this chapter in the operation of the existing group home and in compliance with regulations for any other facility licensed by the department and operated by the licensee. Any forfeitures due under s. 48.715, Stats., on other facilities licensed by the department shall be paid before the issuance of an additional license.
DCF 57.49(4) (4)Except as provided in s. DCF 57.50 (3), the department may not process an application for a license from a person who is prohibited from licensure under s. DCF 57.50 or who meets the conditions under s. 48.715 (5), Stats., if the applicant has had a license or certification to operate a group home revoked or denied within the last 2 years before the date of the application. A person is deemed ineligible to submit an application for a license within 2 years from the date the person had a group home license revoked or denied.
DCF 57.49 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (b), (d), (f) to (i) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (1) (im), eff. 9-16-11; CR 11-026: cr. (1) (im), correction in (1) (im) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1034: emerg. cr. (1) (am), eff. 9-2-10; CR 10-105: cr. (1) (am) Register July 2012 No. 679, eff. 8-1-12; correction in (1) (b) (intro.), 2. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729.
DCF 57.50 DCF 57.50 Licensure prohibited.
DCF 57.50(1)(1)The department shall not license a person if any one of the following circumstances exists:
DCF 57.50(1)(a) (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.
DCF 57.50(1)(b) (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.
DCF 57.50(1)(c) (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.
DCF 57.50(2) (2)The department may deny a license if any one of the following circumstances exists:
DCF 57.50(2)(a) (a) A person has behavior or a mental or physical condition that gives reasonable concern for the safety of residents.
DCF 57.50(2)(b) (b) Another group home operated by the licensee is in substantial non-compliance with the licensing rules or has outstanding fines or forfeitures.
DCF 57.50(2)(c) (c) 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:
DCF 57.50(2)(c)1. 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.
DCF 57.50 Note 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.
DCF 57.50(2)(c)2. 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.
DCF 57.50(2)(c)3. 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.
DCF 57.50(2)(c)4. 4. A person who is the subject of a court finding that the person has abandoned, abused, or neglected a child.
DCF 57.50(2)(c)5. 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.
DCF 57.50(3) (3)If a person's license is denied or revoked under sub. (1), reinstatement of the license is pursuant to s. 49.857 or 73.0301, Stats., as applicable.
DCF 57.50 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (2) (c) 3. and 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-026: am. (1) (a) Register December 2011 No. 672, eff. 1-1-12; correction in (2) (c) 5. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.