Chapter DCF 21

DCF 21.04(8)(a) (a) If the agency under sub. (3) (b) determines that the youth is eligible under s. DCF 21.03, the agency shall enter into a voluntary transition-to-independent-living agreement with the youth within the same 5 working days that eligibility is determined under sub. (6). If the agency under sub. (3) (b) determines that the youth is not eligible, the agency shall send a written notice within 5 working days after the determination is made that specifies the reasons for the denial and informs the youth of his or her right to appeal under s. DCF 21.08.

DCF 21.04(8)(b) (b) Notwithstanding par. (a), if the agency determines that the youth is eligible and makes efforts to contact the youth using the contact information provided by the youth and the youth does not respond, the agency shall enter into a new voluntary transition-to-independent-living agreement with the youth as soon as practicable.

DCF 21.04 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.05 DCF 21.05 Voluntary transition-to-independent-living agreement. The voluntary transition-to-independent-living agreement shall be on a form prescribed by the department and include all of the following conditions:

DCF 21.05(1) (1) The youth is 18 years of age or over but under 21 years of age.

DCF 21.05(2) (2) The youth is a full-time student at a secondary school or its technical or vocational equivalent.

DCF 21.05(3) (3) There is an individualized education program under s. 115.787, Stats., in effect for the youth.

DCF 21.05(4) (4) The youth will participate in activities assigned by the agency to prepare the youth for independent living.

DCF 21.05(5) (5) The youth will comply with school attendance requirements in the youth’s individualized education program under s. 115.787, Stats., school district policies, and truancy laws and ordinances.

DCF 21.05(6) (6) The youth will not be missing from his or her out-of-home care placement for more than 2 weeks without contact with the agency.

DCF 21.05(7) (7) If there is any change in the youth’s circumstances that affects a provision of the voluntary transition-to-independent-living agreement, the youth will notify the agency within 10 calendar days after the effective date of the change.

DCF 21.05 Note Note: Form DCF-F-5030-E, Voluntary Transition-to-Independent-Living Agreement, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

DCF 21.05 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.06 DCF 21.06 Placement and supervision.

DCF 21.06(1) (1) Within 24 hours after the voluntary transition-to-independent-living agreement is signed, the agency under s. DCF 21.04 (3) (b) shall place the youth in out-of-home care or the home of a person not a relative under s. 48.207 (1) (f) or 938.207 (1) (f), Stats., or shall make other arrangements for housing for the youth. The agency under s. DCF 21.04 (3) (b) shall place the youth in a long-term out-of-home care placement within 10 days after the voluntary transition-to-independent-living agreement is signed.

DCF 21.06(2) (2) If the youth resides in a county other than the county where the agency under s. DCF 21.04 (3) (b) is located, the agency in the county where the youth resides shall supervise the youth jointly with the agency under s. DCF 21.04 (3) (b). The agency in the county where the youth resides shall conduct monthly face-to-face contacts with the youth and shall provide the agency under s. DCF 21.04 (3) (b) with documentation of the contacts and other updates necessary to support the care and supervision of the youth.

DCF 21.06 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.07 DCF 21.07 Termination.

DCF 21.07(1) (1) The agency shall terminate a voluntary transition-to-independent-living agreement with a youth who is no longer eligible under s. DCF 21.03 or who fails to comply with the voluntary transition-to-independent-living agreement under s. DCF 21.05, except as provided in sub. (2).

DCF 21.07(2) (2) The agency shall not terminate the voluntary transition-to-independent-living agreement with a youth who is not in compliance with the voluntary transition-to-independent-living agreement if the noncompliance is with s. DCF 21.05 (2), (4), (5), or (6) and the youth actively participates in the development of a plan to address the concern and demonstrates a willingness to comply with the plan that is developed.

DCF 21.07(3) (3) To terminate a voluntary transition-to-independent-living agreement with a youth, an agency shall send the youth a notice of termination that will become effective 10 days after the date of the notice. If the agency sends the notice of termination and the youth files a timely appeal as provided in s. DCF 21.08 (1), (3), or (4), the adverse action shall be stayed and the youth shall remain eligible pending the decision of the agency, division administrator, or administrative law judge or expiration of the right to appeal under s. DCF 21.08 (1), (3), or (4).

DCF 21.07 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.08 DCF 21.08 Appeal rights.

DCF 21.08(1) (1) A youth may submit a written request for an appeal of an agency denial of the youth’s request to re-enter out-of-home care or an agency termination of the voluntary transition-to-independent agreement between the youth and the agency. The request shall be sent to the director of the agency or his or her designee within 10 days after the date of the agency’s notice of denial or termination. If the youth does not request an appeal within 10 days after the date of the agency’s notice of denial under s. DCF 21.04 (8) or termination under s. DCF 21.07 (3), the denial or termination becomes final.

DCF 21.08(2) (2) The director of the agency or his or her designee shall make a determination on the youth’s appeal request for appeal and send a written decision no later than 3 working days after the agency received the youth’s request for appeal under sub. (1).

DCF 21.08(3) (3) If the director of the agency or his or her designee upholds the denial or termination, the youth may submit a written request for an appeal to the administrator of the department’s division of safety and permanence within 10 days after the date of the agency’s written decision under sub. (2). The division administrator or his or her designee shall consider the recommendation on whether to uphold the denial or termination made by a panel designated by the director of the bureau of permanence and out-of-home care in the division of safety and permanence. The division administrator or his or her designee shall make a determination and send the written decision to the youth within 5 working days after the department received the request. If the youth does not submit a written request for an appeal to the department’s division of safety and permanence within 10 days after the date of the agency’s written decision under sub. (2), the denial or termination becomes final.

DCF 21.08 Note Note: An appeal to the division administrator may be sent by mail to the Extended Out-of-Home Care Panel, Division of Safety and Permanence, 201 W. Washington Ave., P.O. Box 8916, Madison WI, 53708-8916 or by email to [e-mail].

DCF 21.08(4) (4) 

DCF 21.08(4)(a) (a) A youth may request a hearing with the division of hearings and appeals under ch. 227, Stats., and ch. HA 3 if the division administrator or his or her designee upholds the agency denial or termination under sub. (3).

DCF 21.08(4)(b) (b) A request for a hearing shall be in writing, addressed to the division of hearings and appeals, and filed within 45 days after the date of the notice from the division administrator or his or her designee upholding the denial or termination under sub. (3). A request for a hearing mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. If the youth does not request a hearing by the division of hearings and appeals within 45 days after the date of the notice from the division administrator or his or her designee upholding the denial or termination under sub. (3), the denial or termination becomes final.

DCF 21.08 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].

DCF 21.08 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.09 DCF 21.09 Reapplication following denial or termination. If the youth reapplies following a denial of the youth’s application to re-enter out-of-home care under s. DCF 21.04 (8) or a termination of the youth’s eligibility under s. DCF 21.07, the agency may suspend processing of the application if it determines that the situation related to the rationale for the denial or termination has not changed. Within 2 working days after the agency decides to suspend processing of the application, the agency shall send the youth a written notice of its decision. The notification of suspension shall include a statement of the youth’s right to appeal the decision.

DCF 21.09 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.