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
The definition of “child” is repealed and recreated to be the same as the definition of “child” in the group home and foster home rules. Child-placing agencies license foster homes and place children in foster homes and group homes.
DCF 55, Subsidized Guardianship
42 USC 675 (8) (B) (i) requires that any extension of foster care to children over 18 years of age also apply to subsidized guardianship agreements that became effective after the child attained 16 years of age. The proposed rule provides that subsidized guardianship payments may continue if the child turned 18 years of age on or after August 1, 2014, but is under 21 years of age; the child 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 child; and the subsidized guardianship agreement for the child became effective after the child attained 16 years of age. A guardian or interim caretaker is required to provide a copy of the child’s individualized education program under s. 115.787, Stats., before the agency may determine that the child is eligible for subsidized guardianship payments. Subsidized guardianship payments may be reinstated if a guardian or interim caretaker terminated the subsidized guardianship agreement when the child was 18 years of age or over and the child meets the requirements above.
The rule clarifies an existing provision on eligibility for a child who is 18 years of age or over by adding “or the equivalent” to a requirement that the child is enrolled in and attending a secondary education program leading to a high school diploma. DCF 56, Foster Homes
The definition of “residential care center” is amended to remove the terms “youth” and “young adult” to correspond with the removal of the terms from ch. DCF 52.
In general, care and maintenance may be provided for no more than 4 children in a foster home. The proposed rule creates a new exception for the purpose of maintaining previous existing connections. A licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to allow a child or youth who was previously placed in the foster home and was on a trial reunification or a youth who is under a voluntary transition-to-independent living agreement to return to the foster home. DCF 57, Group Homes
The rule currently provides that a group home must have a program statement that includes a description of the type of resident population the group home will serve. A note following this requirement lists various types of resident populations. The proposed rule adds “transitioning to independence” to that list.
The current rule provides that a staff member in a group home must be at least 21 years old, unless the staff member is a student who is 19 or 20 years old and majoring in a human services field. The proposed rule adds the requirement that staff members other than the program director must also be at least 2 years older than the oldest resident. A staff member who is 21 years of age or over may retain employment or contract if the staff member is hired or contracted before a new resident who is 18 years of age or over is admitted to the group home.
The proposed rule provides that a group home may admit a child 18 years of age or over, but under 21 years of age if the group home will not have more than 2 children 18 years of age or over, the group home has a license to serve a resident population that is 18 or over but under 21 and is transitioning to independence, or the group home has been granted an exception by the department to provide care and maintenance for more than 2 children who are 18 years of age or over.
The current rule requires the development of a treatment plan for each resident and lists issues that must be included in the plan. The proposed rule adds to the list the consideration of additional requirements for the care of children who are 18 years of age or over, but under 21 years of age; full-time students at a secondary school or its vocational or technical equivalent; and have an individualized education program under s. 115.787, Stats., in effect. The proposed rule also adds children who are 18 years of age or over, but under 21 years of age, and under the placement and care responsibility of another state.
The current rule provides that a resident who is 18 years of age or older may not share a bedroom with a resident who is under 18 years of age. The proposed rule adds the exception “unless the resident who is 18 years of age or older is continuing to share a bedroom with a resident he or she had already been sharing the bedroom with before turning 18 years of age.”
The current rule requires that resident records be maintained by the licensee until the resident reaches the age of 19 or 7 years after the resident is discharged from the group home, whichever is later. The proposed rule changes the “age of 19” to the “age of 21.”
The provision on requesting an exception to a rule is amended to require the use of a form prescribed by the department.
Throughout the rule, the term “child” is replaced with the term “resident” when appropriate.DCF 58, Kinship Care
The kinship care rule is amended to provide extended out-of-home care to a person who turned 18 years of age on or after August 1, 2014, but is under 21 years of age, and is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent if there is an individualized education program under s. 115.787, Stats., in effect for the person.
A technical correction is made to the definition of “kinship care payment” to reflect the increase in the amount of a payment to $232 per month effective January 1, 2015, under 2013 Wisconsin Act 20.
An applicant may not be placed on a waiting list if the child for whom a payment is requested has been placed with the kinship care relative under a voluntary transition-to-independent-living agreement.Summary of Factual Data and Analytical Methodologies
The rule was developed with the assistance of the department’s Out-of-Home Care Committee and the Wisconsin Youth Advisory Council.
Summary of Related Federal Requirements
In general, a state can be eligible for federal funding under Title IV-E of the Social Security Act for foster care assistance if all of the following apply:
The child was removed and placed in foster care in accordance with either of the following: o
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.o
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 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.Under 42 USC 675 (8), the definition of “child” that applies to assistance under Title IV-E is the following: A. Subject to subparagraph B, an individual who has not attained 18 years of age.
B. At the option of a State, the term shall include an individual for whom the following applies:
