Chapter DCF 52

DCF 52.61(1) (1) Authority and purpose. This section is promulgated pursuant to s. 48.60 (3), Stats., to regulate the establishment of new residential care centers for children and youth and to control the expansion of existing residential care centers in order to ensure an adequate number and variety of facilities to meet the needs of Wisconsin children who require out-of-home residential care and to prevent unnecessary expansion of residential care centers and the resulting increase in costs to Wisconsin citizens.

DCF 52.61(2) (2) To whom the rules apply. This section applies to any new applicant for a license to operate a residential care center for children and youth and to existing residential care centers for children and youth wishing to expand the capacity of their facilities.

DCF 52.61(3) (3) Definition. In this section, “applicant” means any person wishing to apply for a license to begin operation of a new residential care center for children and youth or any person wishing to expand the capacity of an existing residential care facility for children and youth. “Applicant” does not include a person who by reason of consolidation or other acquisition acquires control or ownership of beds when the consolidation or other acquisition results in no increase in or a reduction of the existing state-wide residential care center bed capacity.

DCF 52.61(4) (4) Certification of need requirement. No person may apply for a license under s. DCF 52.62 (1) to operate a new residential care center for children and youth or for a license amendment under s. DCF 52.62 (3) to expand the bed capacity of an existing residential care center until the department has reviewed the need for the additional placement resources which would be created and has certified to the applicant in writing that a need exists for the proposed new placement resources.

DCF 52.61(5) (5) Demonstration of need. To enable the department to make a determination of need for a new residential care center for children and youth or for additional beds at an existing residential care center for children and youth, the applicant shall submit all of the following documents and information to the department:

DCF 52.61(5)(a) (a) A detailed plan for the operation of the proposed residential care center which includes all of the following:

DCF 52.61(5)(a)1. 1. The number, sex, and age range of the children to be served.

DCF 52.61(5)(a)2. 2. The type or types of needs or disabilities of children to be served.

DCF 52.61(5)(a)3. 3. The center staffing, including a list of full-time and part-time positions by job titles and numbers.

DCF 52.61(5)(a)4. 4. A description of the proposed program and treatment goals.

DCF 52.61(5)(a)5. 5. A proposed budget, including the current or projected per diem rate.

DCF 52.61(5)(a)6. 6. The location of the center and a drawing of the layout of the physical plant.

DCF 52.61(5)(b) (b) A detailed written description of the methodology and findings which document the reasons why the unserved children under par. (a) cannot be served satisfactorily in less restrictive settings such as is in their own homes with treatment services provided to the children and their families, in specialized treatment foster homes or in group homes.

DCF 52.61(5)(c) (c) Documentation meeting the criteria in sub. (7) (a) 2. that existing Wisconsin residential care center placement resources are not adequate to meet the needs of Wisconsin children who require the type or types of care and treatment services the applicant proposes to provide. No beds occupied or to be occupied by children who are placed primarily for educational purposes may be considered in determining need under this section. Of the remaining beds, for purposes of determining need and establishing waiting lists, not more than 40% shall be considered available for out-of-state children.

DCF 52.61(5)(d) (d) Information that supports the probability that a new or expanded center will be used by Wisconsin placement resources, and that an expanded center will attain and maintain an average monthly occupancy rate of 80% or more over the first 2 years of operation and that a new center will have an average monthly occupancy rate of not less than 80% at the end of the second year.

DCF 52.61 Note Note: The documents and information required by the Department to make a determination of need should be sent to the Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708.

DCF 52.61(6) (6) Publication of notice — party status.

DCF 52.61(6)(a) (a) Upon receipt of the documents and information listed in sub. (5), the department shall publish a class 2 notice under ch. 985, Stats., in the official state newspaper designated under s. 985.04, Stats., and in a newspaper likely to give notice in the area of the proposed center. The notice shall include a statement that the department has received an application for a certificate of need to operate a new residential care center or to expand the bed capacity of an existing residential care center. The notice shall also include the number of additional beds, the geographic area to be served, the types of young people to be accepted for care, the services to be provided and program objectives.

DCF 52.61(6)(b) (b) The notice shall invite the submission of written comments, factual data and reasons why the application should be granted or denied from any person within 30 days after the publication of the notice. The notice shall advise persons submitting written comments to indicate their interest in the application and whether the individual commentator wants to be considered for party status in any later proceedings.

DCF 52.61(7) (7) Need determination.

DCF 52.61(7)(a) (a) Evaluation procedures.

DCF 52.61(7)(a)1. 1. The department shall review the applicant’s documents and information for completeness and may ask the applicant for additional materials or information that the department considers necessary for evaluation purposes.

DCF 52.61(7)(a)2. 2. Except as provided under subd. 3., the administrator of the department’s division of safety and permanence or a designee shall make the need determination decision based on the following criteria:

DCF 52.61(7)(a)2.a. a. The compatibility of the applicant’s proposed plan of operation or expansion with the stated treatment goals for the program.

DCF 52.61(7)(a)2.b. b. The validity of the research methodology used to document need for the proposed program.

DCF 52.61(7)(a)2.c. c. The congruence of the conclusions reached in the applicant’s needs research with department data on current county placement needs and available beds in existing residential care centers for children and youth providing similar services.

DCF 52.61(7)(a)2.d. d. The correctness of the applicant’s contention that the proposed center is more appropriate than less restrictive care arrangements for children.

DCF 52.61(7)(a)2.e. e. The applicant’s documentation supporting the argument that existing Wisconsin residential care centers for children and youth are not adequate to meet the needs of Wisconsin children who require the type or types of care and treatment services the applicant proposes to provide.

DCF 52.61(7)(a)2.f. f. The applicant’s documentation of the probability that the center, if expanded, will attain and maintain an average monthly occupancy rate of at least 80% for the first 2 years of operation or, if new, will attain an average monthly occupancy rate of at least 80% at the end of the second year of operation.

DCF 52.61(7)(a)3. 3. An application for expansion of an existing residential care center for children and youth by 3 or fewer additional beds shall be presumed to meet the criterion under subd. 2. d. unless at least one of the following is true:

DCF 52.61(7)(a)3.a. a. The center submitted another application for expansion of bed capacity in the previous 2 years and that application was approved.

DCF 52.61(7)(a)3.b. b. There is clear and convincing evidence that the criteria under subd. 2. have not been met.

DCF 52.61(7)(b) (b) Notice of determination.

DCF 52.61(7)(b)1. 1. Within 90 calendar days after the date on which all required documents and information were received from an applicant, the department shall send written notice of its determination of need to the applicant and to anyone who commented under sub. (6) (b) on the application. The notice shall state the specific reason for the determination.

DCF 52.61(7)(b)2. 2. If the department determines that there is need for additional beds, the notice shall be accompanied by the department’s certification that a need exists for the proposed new placement resources which entitles the person to apply for a license to operate a new center or to apply for an amended license that will permit the addition of beds at an existing center.

DCF 52.61(7)(b)3. 3. The duration of the approval under subd. 2. shall be limited to 18 months from the date that it is issued, except that the department may grant one 6-month extension if the approved applicant has a good reason for the delay in becoming operational and documents to the satisfaction of the department that it will be operational within that 6-month period. Any request for extension shall be filed before expiration of the initial 18-month period. If the proposed center is not operational during that 18-month time period, or the extended period, the need determination shall be considered invalid and the approval shall be cancelled. In this subdivision, “operational” means in regard to a new center that the center has been licensed under s. DCF 52.62 and that all approved beds meet requirements for operation, and in regard to expansion of an existing center that all additional beds meet requirements for operation and the center is licensed under s. DCF 52.62 to operate with the additional beds. An acceptable reason for an extension under this subdivision shall include unforeseen delay in obtaining adequate financing approval, in staffing or in construction.

DCF 52.61(7)(c) (c) Appeal.

DCF 52.61(7)(c)1. 1. An applicant or a party adversely affected by a determination issued under par. (b) 1. 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 par. (b).

DCF 52.61(7)(c)2. 2. 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 52.61 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 [phone]. 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 52.61 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (4) and (7) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. am. (7) (a) 2. c. to e., eff. 8-1-14; CR 14-054: am. (1), (7) (a) 2. c. to e. Register April 2015 No. 712, eff. 5-1-15; CR 21-107: am. (7) (a) 2. (intro.) Register June 2022 No. 798, eff. 7-1-22.

DCF 52.62 DCF 52.62 Licensing administration.

DCF 52.62(1) (1) General conditions for approval of license. An applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due and owing prior to receiving a license. The department shall issue a residential care center license to an applicant within 60 days based upon receipt and department approval of a properly completed application and a department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violation of statutes or regulations of the United States, this state, or any other state or other offenses substantially related to the care of children or adults by the applicant, owner, manager, representative, employee, center resident, or other individual directly or indirectly participating in the operation of the residential care center. This includes substantiated findings by a county social services or human services department of child abuse or neglect under s. 48.981, Stats., or substantiated reports of abuse of residents or patients under ch. 50, Stats., whether or not it results in criminal charges or convictions.

DCF 52.62(2) (2) Initial license application.

DCF 52.62(2)(a) (a) A person wanting a license to operate a residential care center for children and youth shall apply on a form provided by the department and shall include all information requested on the form and all related materials and information required under par. (c), along with the license fee required under s. 48.615, Stats. A complete application includes completion of all information requested on the application form and all related materials and information required under par. (c) and the license fee.

DCF 52.62 Note Note: An application form may be obtained by writing or telephoning any field office listed in Appendix D. The completed form and required related materials and information and the license fee should be returned to the field office responsible for the county where the center is located.

DCF 52.62(2)(b) (b) A complete application for a license shall be submitted to the department at least 60 days before the date proposed for the center to begin operating.

DCF 52.62(2)(c) (c) An applicant for a license shall submit all of the following information and materials along with the completed application form:

DCF 52.62(2)(c)1. 1. A copy of the certificate of need under s. DCF 52.61 (7) (b).

DCF 52.62(2)(c)2. 2. A statement signed by the applicant agreeing to comply with this chapter.

DCF 52.62(2)(c)3. 3. A completed and signed background information disclosure on a form prescribed by the department.

DCF 52.62 Note Note: DCF-F-2978-E, Background Information Disclosure is available in the forms section of the department’s website at https://dcf.wisconsin.gov/ or by writing or telephoning any field office listed in Appendix D. The background information disclosure form does not need to be notarized.

DCF 52.62(2)(c)4. 4. Diagrammatic floor plans of all center buildings showing all of the following:

DCF 52.62(2)(c)4.a. a. The location of all exits.

DCF 52.62(2)(c)4.b. b. All rooms to be used by residents with their dimensions and use.

DCF 52.62(2)(c)4.c. c. The number of residents and the age range of residents proposed for each living area.

DCF 52.62(2)(c)4.d. d. Rooms that are exclusively for male or female residents.

DCF 52.62(2)(c)4.e. e. For bathrooms, the number of toilets, tubs or showers and washbasins.

DCF 52.62(2)(c)5. 5. A diagram of the outdoor area of the center showing dimensions and all buildings, and a map of the surrounding area showing the location of the center.

DCF 52.62(2)(c)6. 6. The names, addresses and telephone numbers of 3 persons, other than relatives, who personally know the applicant.

DCF 52.62(2)(c)7. 7. A completed department-provided checklist indicating that the applicant complies with all requirements for initial licensure.

DCF 52.62(2)(c)8. 8. A description of other licenses or certifications currently held or expected to be obtained by the applicant, or business enterprises that will be a part of the operation of the residential care center or operating on the grounds of the residential care center.

DCF 52.62(2)(c)9. 9. For an applicant operating any other type of licensed children’s program or other human services program on the grounds of the center, a statement that describes how each program will remain separate and distinct.

DCF 52.62(2)(c)10. 10. A description of the organizational structure of the center, showing the chain of command and identifying staff members, with their titles and work schedules, who will be on the premises in charge of the center for all hours of operation. This document shall be signed by the applicant.

DCF 52.62(2)(c)11. 11. A copy of the report of an inspection by a local fire department or other fire safety inspection acceptable to the department showing approval of the facility for fire safety.

DCF 52.62(2)(c)12. 12. A copy of the approval of the center’s electrical system by an inspector certified under ch. SPS 316.

DCF 52.62(2)(c)13. 13. If the center gets its water from a private well, a letter indicating that the water is safe to drink according to tests made on water from the private well, as required under s. DCF 52.56 (1).

DCF 52.62(2)(c)14. 14. A copy of the Wisconsin department of safety and professional services building safety inspection approval or, if new construction, the Wisconsin department of safety and professional services building construction approval.

DCF 52.62(2)(c)15. 15. A statement signed by the applicant specifying the geographical area to be served by the center, such as counties or states covered.

DCF 52.62(2)(c)16. 16. A financial statement with evidence of availability of funds to carry the center through the first year of operation.

DCF 52.62(2)(c)17. 17. A proposed per client rate that each residential care center program 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 52.66 (1) (a).

DCF 52.62(2)(d) (d) Within 30 working days after receiving a complete application, the department’s licensing representative shall inspect the center to determine the applicant’s ability to comply with this chapter.

DCF 52.62(2)(e) (e) If the department, following its review of a license application and the results of the inspection under par. (d), finds that the applicant meets the requirements for a license established under this chapter and has paid the applicable fee referred to in s. 48.68 (1), Stats., the department shall issue a probationary license for 6 months in accordance with s. 48.69, Stats. The probationary license shall be issued after completion of the inspection under par. (d) and may be renewed for one 6-month period. If the center remains in satisfactory compliance with this chapter during the probationary license period, the department shall issue a regular license. The center shall post the license in a conspicuous place in the center where the public can see it.

DCF 52.62(2)(f) (f) If the department, following its review of a license application and the results of the inspection under par. (d), finds that the applicant is not in compliance with this chapter, the department shall specify in writing to the applicant each area of noncompliance. The department’s written response shall be sent to the applicant after the date of the inspection under par. (d). The applicant shall have an opportunity to come into compliance. When the applicant believes that all areas of noncompliance have been corrected, the applicant may request a re-inspection by the department’s licensing representative. The department’s licensing representative shall complete a new inspection of the center within 20 working days after being notified by the applicant that the center is ready to be re-inspected.

DCF 52.62(3) (3) License continuation.

DCF 52.62(3)(a) (a) Non-expiring license. A regular license shall be valid indefinitely, unless suspended or revoked by the department.

DCF 52.62(3)(b) (b) License continuation application.

DCF 52.62(3)(b)1. 1. At least 60 days before the beginning date of every 2 year period of licensure, the department shall send a license continuation application to the licensee along with a notice of the license continuation fee required under s. 48.615, Stats.

DCF 52.62(3)(b)2. 2. At least 30 days before the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires along with the license application fee required under s. 48.615, Stats., and any other fee owed under s. 48.685 (8), Stats., and any forfeiture under s. 48.715 (3) (a), Stats., or penalty under s. 48.76, Stats.

DCF 52.62(3)(c) (c) License continuation approval. If the department establishes that the minimum requirements for a license under s. 48.67, Stats., are met, the application is approved, the applicable fees referred to in ss. 48.68 (1) and 48.685 (8), Stats., and any forfeiture under s. 48.715 (3) (a), Stats., or penalty under s. 48.76, Stats., are paid, the department shall continue the license for an additional 2-year period.

DCF 52.62(4) (4) Amendment to license.

DCF 52.62(4)(a) (a) Before a licensee may make any change affecting a provision of its license, the licensee shall submit a written request to the department for approval of that change and shall receive approval from the department in the form of an amended license.

DCF 52.62(4)(b) (b) Any of the following changes require amendment of the license:

DCF 52.62(4)(b)1. 1. A change in any of the licensee’s powers and duties under s. 48.61, Stats., that are covered by the license.

DCF 52.62(4)(b)2. 2. A change in the maximum number of residents or in the sex or age range of residents which the center will serve.

DCF 52.62(4)(b)3. 3. A change in the type of resident population served such as emotionally disturbed, sexual offender, developmentally disabled, alcohol or drug dependent or delinquent.

DCF 52.62(4)(b)4. 4. A change in the name of the center.

DCF 52.62(4)(b)5. 5. The licensee’s name changes.

DCF 52.62(4)(b)6. 6. Any other change as allowed under Wisconsin statutes.