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
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
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.
Statutory Authority
Comparison with Federal Regulations
In general, a state can be eligible for federal funding under Title IV-E of the Social Security Act for foster care assistance if:
•
The child was removed and placed in foster care in accordance with either of the following:
•
A voluntary placement agreement between the state agency, or any other agency acting on behalf of the state, and the parents or guardians. If the child has remained in voluntary placement for a period in excess of 180 days, a judicial determination must be made.
•
A judicial determination that:
•
The placement is in the best interests of the child.
•
Continuation in the home from which removed would be contrary to the welfare of the child and that reasonable or, in the case of an Indian child, active efforts have been made to preserve and unify the family, with the child's health and safety as the paramount concern.
•
The child's placement and care are the responsibility of the state agency or any other public agency with which the state has made an agreement.
•
The child has been placed in a foster family home, treatment foster home, group home, shelter care, or residential care center for children and youth.
•
The child, while in the home, would have met the eligibility criteria for Aid to Families with Dependent Children as the program existed on July 16, 1996.
42 USC 671(a)(24) requires that the state plan for foster care and adoption assistance include a certification that, before a child in foster care under the responsibility of the state is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation will be continued, as necessary, after the placement of the child.
45 CFR 1355(a) includes in the definition of “foster family home" a provision that states may claim Title IV-E reimbursement during the period of time between the date a prospective foster family home satisfies all requirements for licensure and the date the actual license is issued, not to exceed 60 days.
42 USC 671(a)(31) provides that a state must provide that reasonable efforts are made to place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, unless the state documents that such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not jointly placed, the state must provide for frequent visitation or other ongoing interaction between the siblings, unless that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
42 USC 671(a)(20) provides that a state must provide procedures for criminal records checks, including fingerprint-based checks of national crime information databases, for all prospective foster or adoptive parents. A state must also check any child abuse and neglect registry maintained by the state or another state in which any prospective foster or adoptive parent or other adult living in the home has resided in the preceding 5 years.
Entities Affected by the Rule
Court-ordered kinship care relatives, prospective and current foster parents, county and tribal human or social services agencies, and licensed child-placing agencies.
Estimate of Time Needed to Develop the Rule
400 hours.
Contact Information
Jonelle Brom
Phone: (608) 264-6933
Insurance
Subject
Revises sections
Ins 17.01 and
17.28, relating to fiscal year 2011 fund fees, provider classifications, and mediation panel fees and affecting small business.
Objective of the Rule
To establish the annual fees that participating health care providers must pay to the Injured Patients and Families Compensation Fund as required by s.
655.27 (3), Wis. Stat., for the fiscal year beginning, July 1, 2010. The proposed rule will update the listing of provider specialities (ISO Codes) by assessment class and will establish the mediation panel fees for fiscal year 2011 commencing July 1, 2010.
Policy Analysis
Existing policies are set forth in the statutes cited in the next section and in the rules themselves.
Statutory Authority
The statutory authority for this rule is sections 601.41 (3), 655.27 (3) (bg) and 655.61, Wis. Stats.
Comparison with Federal Regulations
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Entities Affected by the Rule
All health care provider participants in the fund as set forth in s.
655.002 (1), Wis. Stats.
Estimate of Time Needed to Develop the Rule
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the board's actuarial committee based on the analysis and recommendation of the fund's actuaries and the director of state courts.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revises Chapter
NR 29, relating to updating fee information for the Endangered Resources Review Program.
Objective of the Rule
The Department requests authorization to begin the process of amending Ch.
NR 29, Wis. Adm. Code, to update fee information for services provided by the Endangered Resources Review Program and consider improved service alternatives requested by stakeholders. The Endangered Resources Review Program evaluates projects for potential impacts to rare species and habitats, shares Natural Heritage Inventory (NHI) data on rare species and high-quality natural communities, and provides training for DNR staff and external partners and customers. The program works with landowners, businesses, communities and DNR permit staff early in the planning phase of development and land management projects to identify measures that avoid and minimize negative impacts to rare species as required by endangered species laws while still allowing projects to be implemented. DNR is required by state statute to provide NHI information and data to customers for research, education, environmental, land management and similar authorized purposes (s.
23.27(3)(b), Wis. Stats.).
The fee structure for the Endangered Resources Review Program (contained in Ch.
NR 29, Wis. Adm. Code: Endangered Resources Information Fees) was last updated 19 years ago. As a precursor to the process of updating the fee information, the Bureau has been gathering feedback from external customers and partners over the last year about how the Endangered Resources Review Program can better serve them, including identifying their priority needs and specific suggestions for improved services to better meet those needs. The Bureau has also been gathering input from DNR staff in other divisions and bureaus about how to better coordinate with other programs to improve consistency and decrease workload and completion time for permits related to the endangered resources review which is required for all actions that the DNR conducts, funds, or approves. The objective of this action is an updated fee structure that incorporates the improved service alternatives requested by stakeholders (e.g., an expedited endangered resources review option and additional training alternatives), allowing the Endangered Resources Review Program to provide the high-quality services requested by external customers and partners in a self-supporting manner.
Policy Analysis
Staff salary and fringe costs have increased significantly since the last revision of Ch.
NR 29, Wis. Adm. Code, in 1990 such that the fees currently in place no longer cover the cost of staff time required to provide NHI information, including endangered resources review and data sharing services, to our customers. The current fee for providing an endangered resources review is $20/hour ($60 minimum). Current staff costs for providing this service are $44/hour. Thus for an average review (which takes 3 hours), the program loses $72 in Review Program staff costs alone. Similarly, current fees for sharing NHI data are $500-$1000, but actual costs of 1) collection, mapping, quality control, management and packaging of these data for customers, 2) the processing time necessary to complete license agreements safeguarding the security of the data, and 3) providing the training and technical support necessary for external customers and partners to correctly use, understand and interpret the data often exceed this fee. This discrepancy between current fees and actual costs incurred along with cuts to funding for the Endangered Resources Bureau have led to funding and staff shortages in the Endangered Resources Review Program. The Endangered Resources Review Program is currently funded primarily by a multi-program chargeback. This chargeback was recently approved through FY10, contingent upon identifying alternate funds adequate to fund the program by FY11. Updating the fee structure in NR 29 is a necessary step in this process.
Statutory Authority
Section
23.27 (3), Wis. Stats.: Natural Heritage Inventory Program:
(a) Duties; and
(b) Access to information; fees.
Section
227.11, Wis. Stats.: Extent to which chapter confers rule-making authority.
Comparison with Federal Regulations
All projects that the DNR conducts, funds or approves must be in compliance with federal and state Endangered Species laws. Examples include land acquisition, land and water planning and development projects, sustainable forestry certification, Managed Forest Law (MFL) plan development, NEPA compliance for receipt of federal aid, and DNR permit review. Because federal compliance is required for receipt of federal grants (federal Sport Fish Restoration and Pittman-Robertson funds granted to the Department totaled nearly $23 million in fiscal year 2009), the Endangered Resources Review Program has worked with the U.S. Fish and Wildlife Service (USFWS) to develop joint screening procedures. These procedures have been approved by the Department as well as by the USFWS Federal Aid Office. The procedures require checking the NHI database for occurrences of listed species and provide an opportunity to screen for Special Concern species to ward off future listings. Thus a myriad of DNR programs within Central Office and the regions depend on services that the Endangered Resources Review Program provides (including NHI data available through the online NHI Portal, species management guidelines, endangered resources review services, NHI data sharing services, training, and technical support) for conservation compliance. The provision of timely and accurate NHI data through the NHI Portal along with the technical support and services provided by the Endangered Resources Review Program are an insurance policy for the Department. They ensure that all Department programs meet state ESA requirements, that Department permits are issued in a timely manner, and that federal grants are not held up by the USFWS for noncompliance. The Endangered Resources Review Program strives to continue to develop and improve tools and provide services that facilitate and streamline compliance with state and federal endangered species laws for both internal staff and external customers and partners.
Entities Affected by the Rule
The Endangered Resources Review Program evaluates projects for potential impacts to rare resources and shares NHI data on rare species and high quality natural communities with external partners and customers for conservation purposes. As a result, there is a broad array of groups likely to be interested in and/or impacted by this proposed rule change including federal and state agencies, county and local units of government, private businesses (e.g., utilities, commercial and residential developers, environmental consultants, private foresters), non-profit organizations, university and college researchers, county forests and public and private landowners.
Estimate of Time Needed to Develop the Rule
The Department anticipates that approximately 268 hours of staff time will be needed.
