Register February 2017 No. 734
Chapter DHS 65
SUPPORTIVE SERVICES FOR FAMILIES WITH DISABLED CHILDREN
DHS 65.01   Introduction.
DHS 65.02   Definitions.
DHS 65.03   Application by a county department.
DHS 65.04   Family eligibility and application.
DHS 65.05   Duties of the administering agency.
DHS 65.06   Criteria for exceeding the $3,000 maximum.
DHS 65.07   Families with a disabled son or daughter at least 21 but less than 24 years of age.
DHS 65.08   Departmental hearings.
Ch. DHS 65 Note Note: Section 46.985, Stats., was repealed by 2015 Wis. Act 55 rendering Chapter DHS 65 unenforceable and without effect. Chapter DHS 65 will be repealed in future rulemaking.
Ch. DHS 65 Note Note: Chapter HFS 65 was renumbered to chapter HFS 65 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, July, 1997, No. 499. Chapter HFS 65 was renumbered to chapter DHS 65 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 65.01 DHS 65.01Introduction.
DHS 65.01(1) (1)Authority and purpose. This chapter is promulgated pursuant to s. 46.985 (2) (a), Stats., for the purpose of establishing procedures, criteria and requirements relating to the distribution of funds to county departments established under s. 46.23, 51.42 or 51.437, Stats., for the provision of goods and services to families who have a disabled child living in the home.
DHS 65.01(2) (2)To whom this chapter applies. This chapter applies to the department, to county departments and to administering agencies designated by county departments under s. 46.985 (3) (d), Stats.
DHS 65.01 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.
DHS 65.01 Note Note: Section 46.985, Stats., was repealed by 2015 Wis. Act 55 rendering Chapter DHS 65 unenforceable and without effect. Chapter DHS 65 will be repealed in future rulemaking.
DHS 65.02 DHS 65.02Definitions. In this chapter:
DHS 65.02(1) (1) “Administering agency" has the meaning prescribed in s. 46.985 (1) (a), Stats., namely, a county department or a human service agency that administers the program under a contract with a county department.
DHS 65.02(2) (2) “Child" has the meaning prescribed in s. 46.985 (1) (b), Stats., namely, a person under 24 years of age.
DHS 65.02(3) (3) “County department" means the county department of human services established under s. 46.23, Stats., the county department of community programs established under s. 51.42, Stats., or the county department of developmental disabilities services established under s. 51.437, Stats.
DHS 65.02(4) (4) “Department" means the Wisconsin department of health services.
DHS 65.02(5) (5) “Disabled" has the meaning prescribed in s. 46.985 (1) (d), Stats., namely, having a severe physical, emotional or mental impairment which is diagnosed medically, behaviorally or psychologically, which is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation or other services and which has resulted in or is likely to result in a substantial limitation on the ability to function in at least 3 of the following areas:
DHS 65.02(5)(a) (a) Self-care;
DHS 65.02(5)(b) (b) Receptive and expressive language;
DHS 65.02(5)(c) (c) Learning;
DHS 65.02(5)(d) (d) Mobility;
DHS 65.02(5)(e) (e) Self-direction;
DHS 65.02(5)(f) (f) Capacity for independent living; and
DHS 65.02(5)(g) (g) Economic self-sufficiency.
DHS 65.02(7) (7) “Family" has the meaning prescribed in s. 46.985 (1) (e), Stats., namely, a group that lives together and that consists of at least one disabled child and his or her parent.
DHS 65.02(8) (8) “Family support advisory committee" means the committee established under s. 46.985 (3) (a), Stats.
DHS 65.02(10) (10) “Parent", unless otherwise qualified, has the meaning prescribed in s. 46.985 (1) (f), Stats., namely, a parent, guardian, legal custodian or a person acting in the place of a parent, but does not include a foster parent or any other paid care provider.
DHS 65.02(11) (11) “Program" has the meaning prescribed in s. 46.985 (1) (g), Stats., namely, the family support program in a service area.
DHS 65.02(12) (12) “Proposed budget" means the budget developed under s. 46.031 (1) and (2), Stats., by a county department.
DHS 65.02(13) (13) “Service area" has the meaning prescribed in s. 46.985 (1) (h), Stats., namely, a county or group of counties served by a county department.
DHS 65.02 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; CR 08-017: r. (6) and (9) Register June 2008 No. 630, eff. 7-1-08; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.
DHS 65.03 DHS 65.03Application by a county department.
DHS 65.03(1)(1) A county department may initially apply for funding under this chapter by submitting a program proposal to the department at the time that the department requests program proposals. The program proposal shall include:
DHS 65.03(1)(a) (a) A statement signed by the county department director indicating the county department's intent to participate in the program;
DHS 65.03(1)(b) (b) A proposed first year budget; and
DHS 65.03(1)(c) (c) A detailed program plan that shall include:
DHS 65.03(1)(c)1. 1. A narrative description of the proposed program;
DHS 65.03(1)(c)2. 2. A projection of the number of families to be assessed and served;
DHS 65.03(1)(c)3. 3. Identification of any target families to be given priority consideration for available funds;
DHS 65.03(1)(c)4. 4. A description of outreach procedures to ensure program availability to disabled children;
DHS 65.03(1)(c)5. 5. A description of the methods to be applied to determine family needs;
DHS 65.03(1)(c)6. 6. A description of the process to be used for developing and monitoring service plans;
DHS 65.03(1)(c)7. 7. A description of the system to be used to coordinate the provision of services and goods to participating families;
DHS 65.03(1)(c)8. 8. A description of the strategy to be employed to promote the creation of informal support and advocacy systems for families;
DHS 65.03(1)(c)9. 9. A description of the means to be used to monitor the program; and
DHS 65.03(1)(c)10. 10. A description of how the program will operate in conjunction with other publicly-funded programs for disabled children.
DHS 65.03(2) (2) The program plan and budget for subsequent years shall include the information specified under sub. (1) (c), shall be developed with assistance from the family support advisory committee and shall be submitted as part of the county's proposed budget pursuant to s. 46.031, Stats.
DHS 65.03(3) (3) The department shall select county departments to participate in the program based on the adequacy of the program plan developed under sub. (1) (c), the experience of the administering agency in assessing and meeting the needs of children with disabilities and their families, and the administering agency's demonstrated ability to manage supportive service programs.
DHS 65.03(4) (4) A county department selected to participate in the program shall act as the administering agency or shall contract with a human services agency in the service area to act as the administering agency.
DHS 65.03 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.
DHS 65.04 DHS 65.04Family eligibility and application.
DHS 65.04(1) (1) A family shall be eligible to receive supportive services under this chapter if it meets the following requirements:
DHS 65.04(1)(a) (a) The parent has a disabled child whom the parent wants to keep at home or return to the home from an institution or other out-of-home placement;
DHS 65.04(1)(b) (b) The parent will be able to take care of the disabled child at home if financial, physical or other barriers are reduced or eliminated and adequate supportive services are provided;
DHS 65.04(1)(c) (c) The family resides in a service area which has a family support program; and
DHS 65.04(1)(d) (d) The family agrees to provide to the administering agency full financial information as defined in s. DHS 1.01 (2) (g).
DHS 65.04(2) (2) A family requesting supportive services shall file an application with the administering agency in the service area in which the family resides on a form provided by the administering agency.
DHS 65.04 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; CR 08-017: am. (1) (d) Register June 2008 No. 630, eff. 7-1-08; correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 65.05 DHS 65.05Duties of the administering agency.
DHS 65.05(1)(1)Setting priorities for available funding.
DHS 65.05(1)(a)(a) Administering agencies shall allocate available funding to families who meet eligibility requirements under s. DHS 65.04 on a first-come, first-served basis, except that an amount of funds may be reserved to ensure provision of goods and services to the following families:
DHS 65.05(1)(a)1. 1. Families in a crisis situation;
DHS 65.05(1)(a)2. 2. Families considering out-of-home placement for a child; and
DHS 65.05(1)(a)3. 3. Families planning to bring a child home from an out-of-home placement.
DHS 65.05(1)(b) (b) An administering agency may not provide supportive services for a family whose disabled child is at least 21 but less than 24 years of age unless a request is submitted under s. DHS 65.07 and is approved by the department.
DHS 65.05(2) (2)Developing application procedures.
DHS 65.05(2)(a)(a) Administering agencies shall develop written application procedures which shall be provided to any family requesting services under this chapter.
DHS 65.05(2)(b) (b) Application information required by the administering agency shall include:
DHS 65.05(2)(b)1. 1. The age of the child; and
DHS 65.05(2)(b)2. 2. A description of the child's disability or disabilities.
DHS 65.05(3) (3)Conducting needs assessments. Within the limits of available funds, the administering agency shall conduct a family needs assessment for each family whose application for supportive services has been approved. The needs assessment shall be conducted as follows:
DHS 65.05(3)(a) (a) The needs assessment shall be conducted by a person or persons who are knowledgeable about the child's condition;
DHS 65.05(3)(b) (b) One or both parents shall participate in the needs assessment process;
DHS 65.05(3)(c) (c) During the assessment process the child shall be seen by the person or persons conducting the assessment; and
DHS 65.05(3)(d) (d) The assessment shall take place in the family home unless the family chooses another setting.
DHS 65.05(4) (4)Developing service plans. Within the limits of available funds, the administering agency shall develop a written service plan for each family whose application for supportive services has been approved within 60 days after receipt of the application. The service plan shall include:
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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.