State of Wisconsin
Department of Children and Families
DCF 21, 50, 52, 54, 55, 56, 57, and 58
Extension of Out-of-Home Care to Children and Youth
18 Years of Age or Over, But Under 21 Years of Age
The Wisconsin Department of Children and Families proposes to renumber s. DCF 50.06(2), 52.22 (1) (d), 57.14(2)(a) to (g), 57.515 (1), and 58.04(4)(a) and (b); to renumber and amend ss. DCF 50.06 (3) (b) 1., 57.14(2)(intro.), 57.515, and 58.04(3)(b); to amend ss. DCF 50.06 (3) (b) 6., 52.02(2)(a) and (note), 52.03(23), 52.11(intro.), 52.12(3)(d)(note) and (8)(b), 52.21(3)(d)2.a. and (9), 52.41(1)(a)3., 52.48(1)(b), 52.56(24)(a), 52.58(2)(c), (4)(b)1. and 2., (5)(b)2.d., 52.59(2)(a) to (c), (4)(b), (5)(a), (b), (d)1. and 2., (e), (f), (i), (7)(a) and (b)1. and 2., (8)(intro.), (a), and (b), and (9)(b), 52.61(1) and (7)(a)2.c. to e., 52.62(1), (4)(b)4., 52.64(1), 55.10(4)(a)(intro.),1., and 2.a., 56.03(12), (13), (34p), and (38), 56.09(1m)(b) and (c), 57.02 (2) and (note), 57.05(1)(c)(note), 57.13(1)(j), 57.14(4)(a)1., 57.23(2)(a)(intro.), 57.33(2), 57.38(2), 58.03(12) and (15), 58.04(4)(title), 58.065(1), 58.10(3)(a)3. and 5., and 58.12 (4); to repeal and recreate ss. DCF 52.03(22), 52.21(3)(d)(title), 1., and 2.c., 52.62(4)(b)5., 54.01(4)(b), 56.03(5), 57.04(6) and (34), 57.19(6), and 58.03(3); and to create ch. DCF 21 and ss. DCF 50.06(2)(a)(title) and 11., (2)(b), and (3)(b)1.c. and d., 52.03(2m), 52.62(4)(d) and (note), 55.10(4)(a)3. and (am), 56.03(39), 56.09(1m)(cm), 57.14 (2) (c), 57.23(2)(a)13., 57.515(2) and (note), 58.03(20), 58.04(3)(b)2., (4)(b)5., and (4)(c)5., relating to the extension of out-of-home care to children and youth 18 years of age or over, but under 21 years of age, and affecting small businesses.
Analysis Prepared by the Department of Children and Families
Explanation of Agency Authority
Sections 48.366 and 938.366, Stats., as created by 2013 Wisconsin Act 334, permit a child placed in out−of−home care who is a full−time student at a secondary school or its vocational or technical equivalent and for whom an individualized education program (IEP) is in effect to continue in out−of−home care until the child is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first under either an extended dispositional order of the juvenile court or a voluntary transition-to-independent-living agreement between the child, or the child’s guardian on behalf of the child, and the agency primarily responsible for providing services to the child under the dispositional order. Sections 48.366 (4) and 938.366 (4), Stats., as created by 2013 Wisconsin Act 334, provide that the department shall promulgate rules to implement the extended out-of-home care program that include all of the following:
Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out−of−home care under an extension of an order described in ss. 48.366 (1) and 938.366 (1) Stats., or a voluntary agreement under ss. 48.366 (3) and 938.366 (3), Stats.
Rules setting forth the conditions under which a person who has terminated a voluntary agreement under ss. 48.366 (3) and 938.366 (3), Stats., and the agency primarily responsible for providing services under the agreement may enter into a new voluntary agreement under ss. 48.366 (3) (c) and 938.366 (3) (c), Stats.
The department administers the kinship care program under ss. 48.57 (3m) and (3n), Stats. Section 48.975 (3m), Stats., provides that adoption assistance may be provided after the adoptee reaches the age of 18 if the adoptee is a full-time high school student. The department administers the subsidized guardianship program under s. 48.623, Stats., and s. 48.62 (5), 2009 Stats. Section 48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Section 227.11 (2) (a), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
Summary of the Proposed Rule
DCF 21, Re-entry into Out-of-Home Care for Youth 18 years or Age or Over, But Under 21 Years of Age
The proposed ch. DCF 21 provides conditions and procedures for youth to apply to re-enter out-of-home care and agencies to determine eligibility and supervise the youth’s placement. The rule also provides appeal procedures to the agency, department, and the division of hearings and appeals if the youth’s application is denied or eligibility is terminated.
DCF 50, Adoption Assistance
42 USC 675 (8) (B) (i) requires that any extension of foster care to children over 18 years of age also apply to adoption assistance agreements that became effective after a child attained 16 years of age. The proposed rule provides that adoption assistance may continue if the adopted person turned 18 years of age or over on or after 8/1/14, but is under 21 years of age; the adopted person is a full-time student at a secondary school or its vocational or technical equivalent; there is an individualized education program under s. 115.787, Stats., in effect for the adopted person; and the adoption assistance agreement for the adopted person became effective after the adopted person attained 16 years of age. An adoptive parent is required to provide a copy of the adopted person’s individualized education program under s. 115.787, Stats., before the department may determine that the adopted person is eligible for assistance. Adoption assistance may be reinstated following termination of assistance by adoptive parents when the adopted person was 18 years of age or over if the adopted person meets the requirements above.
DCF 52, Residential Care Centers
The provision on information that is required to be in a center’s treatment program and policies regarding the population served by the center is amended to include “transitioning to independence.”
A request to amend a license to serve a resident population that is 18 years of age or over, but under 21 years of age, and is transitioning to independence, shall be on a form prescribed by the department.
The proposed rule repeals existing provisions on amendment to a license that appear to violate s. 48.66 (1) (c), Stats. Section 48.66 (1) (c), Stats., prohibits the transfer of a license to operate a residential care center. The proposed rule repeals provisions allowing a license amendment if there is a change in the ownership of a center or a change in the address of the center. A new license application will be required in these circumstances.
Throughout the rule, the term “child” is replaced with the term “resident” when appropriate.
The terms “youth”; “young adults ages 18, 19, or 20”; and “young adult” are repealed throughout the rule.
The provision on requesting an exception to a rule is amended to require the use of a form prescribed by the department.
DCF 54, Child-Placing Agencies