Wisconsin Legislature: DCF 54.02(3m)(a)3.

4. A general description of each type of position proposed for the agency.

5. A proposed organization chart insuring that there will be staff in number and qualifications for the scope of the agency services.

6. A list of board members including the addresses of the officers of the board.

7. A proposed per client administrative rate that the child-placing agency will charge for services for foster homes with a Level 3 or 4 certification in the current year and a proposed budget with the same cost categories as the department’s cost and service report under s. DCF 54.09 (1) (a).

(d) Subsequent applications shall be submitted to the department:

1. At least 30 days prior to the continuation date of the current license.

2. When an additional office is to be opened.

3. When a new program subject to licensing is to be initiated.

4. When the geographic area served is to be extended.

5. When the address of the agency is to be changed.

6. When the name of the agency is to be changed.

(e) Subsequent applications shall be sent with the following materials:

1. Copies of the annual reports published since the last license was issued.

2. The budget for the current fiscal year and the most recent financial audit.

3. A list of the current members of the board of directors and its committees.

4. The number, names, qualifications and classifications of current staff.

5. A copy of the current staff organization chart.

6. A description of any program review and evaluation and changes in program content and purpose which have occurred since the last license was issued.

7. If the expiring license is provisional, a statement showing whether the requirements on which a provisional license was based have been met, or if not, plans for meeting them.

8. A copy of any revisions of personnel practices that have been made since the last license was issued.

9. Upon the request of the department, a copy of the current staff development and in-service training plan.

(em) Within 60 days after receiving a complete application for a child-placing agency license, the department shall either approve the application and issue a license or deny the application. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial.

(er) Pursuant to s. 48.60, Stats., before the department may issue or continue a license under par. (em), the department shall review the need for additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care under s. 48.61 (3), Stats. If the department’s review fails to indicate the need for additional placement resources neither the department nor the department of corrections may make any placements to any child welfare agency.

(f) A written amendment to the license shall be secured from the department by the board of directors prior to any changes in the conditions of the current license.

(g) When a license is granted, the board shall display the certificate of license in a prominent place in the agency.

(3m) License denial or revocation.

(a) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.

2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.

3. Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.

4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

5. The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.

6. Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.

7. Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

8. Made false statements or withheld information.

9. Failed to comply with the requirements in s. DCF 54.09 (1) and (3).

(b) Appeals.

1. Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.44, Stats.

2. The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

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 (608) 264-9885. A copy of the request should be sent to the appropriate field office listed in Appendix A.

(4) Financing.

(a) The board, with the executive, shall be responsible for the safety and judicious use of the funds of the agency. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

(b) Each agency shall:

1. Have sufficient funds assured to carry a new agency through its first year of operation and be able to furnish evidence to that effect.

2. Have a sound plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care for children, as required by the administrative rules relating to licensing child placing agencies.

3. Provide for annual audit of all accounts by a certified public accountant who is not in the employ of the agency nor a member of the board.

4. On request, provide the department with financial records or financial statements.

(c) The financial operation of the agency shall be on the basis of an annual budget approved by the board. This budget shall reflect anticipated expenditures and sources of income.

History: Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.41, Register, September, 1982, No. 321, eff. 10-1-82; cr. (3) (em), Register, October, 1985, No. 358, eff. 11-1-85; emerg. cr. (5), eff. 9-5-92; CR 04-040: cr. (3) (er) and (3m) Register December 2004 No. 588, eff. 1-1-05; correction in (3m) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (3) (c) 7., eff. 9-16-11; CR 11-026: cr. (3) (c) 7., (3m) (i) Register December 2011 No. 672, eff. 1-1-12; correction in (3m) (i) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; 2015 Wis. Act 132: am. (3) (d) 1. Register February 2016 No. 722, eff. 3-1-16; EmR1633: emerg. renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b), eff. 11-18-16; CR 16-051: renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b) Register July 2017 No. 739, eff. 8-1-17.

DCF 54.03 Personnel administration.

(1) Personnel policies. Each agency shall have a written statement of personnel practices adopted by the board. The board shall review personnel practices at least every 2 years.

(a) The following items shall be included in personnel practices and shall be submitted to the department for approval with the original application:

1. Job specifications for all positions of 6 months or longer duration in the agency.

2. Staff pattern. There shall be a staff sufficient in number and qualifications for the scope of the agency’s services.

(b) There shall be written policy statements available to all employees and made known to each employee at the time of employment including:

1. The method of wage adjustments.

2. Retirement program.

3. Health and other insurance programs.

4. Vacation, sick leave, holidays and leaves of absence.

5. Probationary status.

6. Termination procedures.

7. Agency chain of command.

8. Grievance procedures.

9. Employment outside the agency.

10. For the specific job classification for which application is being made:

a. Compensation.

b. Hours of work.

c. Job specifications.

d. Performance evaluations.

(1m) Personnel record. A personnel record shall be maintained for each staff member and be available to authorized licensing staff. The record shall include:

(a) Employment application showing qualifications and experience.

(b) Statements from previous employers or personal references.

(d) Reports of job performance, if any.

(e) Medical reports, if pertinent.

(f) When the employee terminates employment, the dates and the reasons for separation.

(2) Personnel.

(a) General qualifications.

1. All employees shall have the ability and emotional stability to carry out their assigned duties.

2. Character references from at least 2 people and references from previous employers within the last 5 years must be obtained for prospective employees.

3. References may be documented either by letter or verifications in the record of verbal contact giving dates, person making the contact and persons contacted and the contact content.

4. The agency shall review and investigate application information carefully to determine whether employment of the individual is in the best interests of children under its care.

(b) Administrative staff.

1. An executive or administrator shall be employed who shall:

a. Possess a knowledge of child welfare services and a demonstrated actual or potential administrative skill and leadership.

b. Be a graduate of a college or university with a minimum of 15 graduate credits in the social sciences.

c. Have at least 2 years experience in an administrative or supervisory capacity.

2. The executive’s duties in administering the agency shall include:

a. Responsibility to the board for satisfactory management.