Relating to
Information to be provided to physical custodians of children in out-of-home care.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
2. Detailed Description of the Objective of the Proposed Rule
If a child is removed from his or her home and placed in a foster home or family-operated group home, ch.
DCF 37 requires the placing agency to gather information about the child's medical, physical, mental, and emotional conditions and provide the information to the child's foster parent or family-operated group home parent. The purposes of ch.
DCF 37 are to not jeopardize the health, safety, or welfare of the foster child, foster parent, or other community members and to ensure that foster parents can be as effective as possible in providing appropriate care for the child because they have received full information about the child from the placing agency.
Currently, the information that the placing agency is required to gather is in forms that are appendices to ch.
DCF 37. Chapter
DCF 37 and the forms in the appendices were created in 1995 and have not been updated since then. The proposed rule will repeal and recreate ch.
DCF 37 to include the kinds of information that must be gathered and will require the use of forms designated by the department but will not include the actual forms in the rule. The proposed rule will also require that the forms be used when a child is placed in a foster home; group home; residential care center for children and youth; shelter care; unlicensed home of a person who is not a relative under s.
48.207 (1), Stats.; or the home of a relative when the child is placed with that relative by a court order under ch.
48 or
938, Stats.
This rule change is necessary for the department to comply with a directive from the federal Administration for Children and Families that the department do all of the following:
•
Provide greater assessment of a child's needs and provide that information to caregivers providing services to the child.
•
Provide consistent information to all out-of-home care providers.
•
Establish plans for caregivers to follow in case of a crisis or emergency with a child.
The revised forms will categorize information so that a child's specific needs are more readily apparent and will provide more information to caseworkers and out-of-home care providers about the child's additional assessment and treatment needs. New sections on the child's crisis response plan, emotional triggers, and previous crisis interventions will also be included.
3. Detailed Explanation of Statutory Authority for the Rule
Section
895.485 (4), Stats., provides that the department shall promulgate rules specifying the kind of information that an agency that places a child in a foster home or family-operated group home shall disclose to the foster parent or family-operated group home operator that relates to a medical, physical, mental, or emotional condition of the child.
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. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
4. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
130 hours.
5. List with Description of all Entities that may be Affected by the Proposed Rule
The Bureau of Milwaukee Child Welfare, county human and social service agencies, and licensed child-placing agencies.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
42 USC 671 (a) (24) requires that the state plan under Title IV-E of the Social Security Act 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.
Under
45 CFR 1337.20, “foster care" means 24-hour substitute care for children placed away from their parents or guardians and for whom the state agency has placement and care responsibility, including placements with a relative caregiver or in a foster home, treatment foster home, group home, shelter care, or residential care center for children and youth.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No or minimal economic impact.
8. Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-27-13 (E))
This statement of scope was approved by the Governor on August 12, 2013.
Rule No.
Relating to
Creating a competitive grant program for municipal fish hatcheries and private fish farms in order to increase the capacity to raise walleye for stocking in Wisconsin waters.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 20, the 2013-15 state budget, included the following: notwithstanding section
227.24 (1) (c) and
(2) of the statutes, emergency rules promulgated for walleye population maintenance and enhancement grants remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. In addition, notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
2. Detailed Description of the Objective of the Proposed Rule
2013 Wisconsin Act 20 directed the department to establish a grant program to award grants on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms for the purpose of increasing their capacity to raise walleye for stocking in the waters of the state. The grants may be used to build, improve, or repair any of the following:
(a) Buildings and structures used as fish hatcheries or for fish rearing.
(b) Fish rearing ponds.
(c) Wells or water recirculation systems.
(d) Biosecurity systems to ensure fish health.
(e) Holding facilities and equipment used for fish brood stock.
(f) Equipment used for the distribution of fish or for the collection of fish spawn.
For a fish farm to be eligible for a grant under this section, the fish farm must be registered with the Department of Agriculture, Trade and Consumer Protection under s.
95.60, Stats., and be in compliance with all applicable state and federal environmental laws and all applicable state and federal laws related to fish health.
A contract awarding a grant under this section shall state the number of walleye fingerlings that will be reared as a result of the increased capacity and the purchase price the grantee shall charge for the fingerlings when the construction, improvement, or repair is completed.
In addition, the department may enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
The terms of a contract, which shall not exceed five years, may include all of the following:
(a) Authorization for the department to furnish fish eggs and fish for free or at cost to a local governmental unit, tribe, band, or fish farm that is a party to the contract.
(b) Authorization for the department to purchase fish from a local governmental unit, tribe, band, or fish farm that is a party to the contract.
Additional rule changes may be pursued which are reasonably related to those discussed here.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
The proposals in this rule would support the efforts of the new “Wisconsin Walleye Initiative," which is intended for state, municipal, tribal, and private fish hatchery operations to increase the production of large walleye fingerlings for stocking in Wisconsin waters. The Fisheries Management Bureau does not currently manage a grant program for that purpose, but the department has extensive experience with managing grant programs to private and municipal entities that can serve as examples for this program.
The department is statutorily required to create the grant program through administrative rule using policy listed in statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014(1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.709, Stats., provides that the department may operate state fish hatcheries, including receiving fish eggs or fish donated to the state or purchased, and procure, receive, exchange, distribute, and dispose of fish eggs and fish.
Section
29.739, Stats., directs the department to establish a grant program to award grants on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms.
Section
29.740, Stats., provides that the department may enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
•
Municipal fish hatcheries: fish hatcheries that are owned or operated by a city, village, town, county, or a federally recognized Indian tribe or band located in Wisconsin.
•
Private fish farms: farms registered with the Department of Agriculture, Trade and Consumer Protection under s.
95.60, Stats.
•
Tribal and non-tribal fishers: sustenance and recreational fishers will likely benefit from additional walleye stocking opportunities.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no federal authority over the proposed actions. None of the rule proposals violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal to no negative economic impact (Level 3).
The rule is not expected to have an adverse effect on the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the State. It will have a positive impact by providing $1 million annually in the 2013-15 biennium to municipal fish hatcheries and private fish farms through a competitive grant program. Grants will be used for building and improving hatchery buildings, rearing ponds, equipment and other facilities. In addition, $500,000 will be available annually starting in fiscal year 2014-15 for the department to contract with municipal fish hatcheries and private fish farms to purchase fish for the purpose of raising walleye for stocking with Wisconsin waters.
The rule will not allow for the potential to establish a reduced fine for small businesses, nor will it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of January 2014. Hearing cities will be: Madison, WI.
The Department will hold this hearing in this location to gather input on the implementation of walleye population maintenance and enhancement grants that are required by the 2013-15 state budget.
10. Contact Person
Mike Staggs, Fisheries Management Bureau Director, 608-267-0796.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-26-13 (E))
This statement of scope was approved by the Governor on August 13, 2013.
Rule No.
Relating to
