Chapter DCF 57

DCF 57.485(1) (1) Need determination before license application. No person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources.

DCF 57.485(2) (2) Documentation of need. An applicant for a determination of need under sub. (1) shall submit all of the following documents to the department:

DCF 57.485(2)(a) (a) A statement of support by one or more counties, the division of Milwaukee child protective services, or the department of corrections stating that the proposed additional placement resources are needed.

DCF 57.485(2)(b) (b) A detailed description of the why there is a need for this particular group home and any facts that support the applicant’s assertion for that need.

DCF 57.485(2)(c) (c) A detailed plan for the operation of the proposed group home that includes all of the following:

DCF 57.485(2)(c)1. 1. The number, sex, and age range of the children to be served.

DCF 57.485(2)(c)2. 2. The type of needs or disabilities of children to be served.

DCF 57.485(2)(c)3. 3. Number of staff listed by job title, degree or certification, and full-time or part-time status.

DCF 57.485(2)(c)4. 4. A description of the proposed program and treatment goals.

DCF 57.485(2)(c)5. 5. The location of the group home and a drawing of the layout of the physical plant.

DCF 57.485 Note Note: Send the determination of need documentation to the Department of Children and Families, Bureau of Permanence and Out-of-Home Care, Child Welfare Licensing Section, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

DCF 57.485(3) (3) Department determination.

DCF 57.485(3)(a) (a) The department shall review an applicant’s documents for completeness and may ask the applicant for additional information that the department considers necessary to make the determination of need.

DCF 57.485(3)(b) (b) Within 90 days after the date on which the department received all required documents and information from an applicant, the department shall send written notice of its determination of need to the applicant. The notice shall state the specific reason for the determination. If the department determines that the proposed additional placement resources are needed, the notice shall be accompanied by the department’s certification of need.

DCF 57.485(3)(c) (c) The department shall consider an application that remains incomplete for a 90-day period after receipt of any documentation to be withdrawn.

DCF 57.485 Note Note: A certification of need allows a person to apply for a group home license. It does not guarantee that the department will issue a license nor does it guarantee any placements.

DCF 57.485(4) (4) Appeal.

DCF 57.485(4)(a) (a) An applicant or a party adversely affected by a determination issued under sub. (3) 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 sub. (3).

DCF 57.485(4)(b) (b) 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 57.485 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 57.485 History History: EmR1034: emerg. cr., eff. 9-2-10; CR 10-105: cr. Register July 2012 No. 679, eff. 8-1-12; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register September 2016 No. 729.

DCF 57.49 DCF 57.49 License application.

DCF 57.49(1) (1) Except as provided in sub. (3), a person who wishes to operate a group home shall submit to the department an application signed as specified in sub. (2) at least 60 days before the date proposed to begin operating the group home. The application shall be made on the department’s form CFS 375 and shall be accompanied by all of the following:

DCF 57.49(1)(a) (a) The license fee required under s. 48.625 (2) (a), Stats.

DCF 57.49(1)(am) (am) A certification of need issued by the department under s. DCF 57.485 (3) (b).

DCF 57.49(1)(b) (b) A completed background information disclosure form which shall be completed and signed as follows:

DCF 57.49(1)(b)1. 1. If the applicant is one or more individuals, a background information disclosure form shall be completed and signed by each individual applicant and each household member who is 10 years old or older.

DCF 57.49(1)(b)2. 2. If the applicant is a corporation or an agency, a background information disclosure form shall be completed and signed by an authorized representative.

DCF 57.49(1)(c) (c) Inspection reports verifying that the proposed group home’s physical structure, electrical, heating and plumbing systems have been inspected and are in safe operating condition according to applicable industry standards.

DCF 57.49(1)(d) (d) Documentation of efforts to establish and maintain the community advisory committee as required under s. DCF 57.45 (2).

DCF 57.49(1)(e) (e) Payment of any forfeitures, fees, assessments related to any licenses issued by the department to the applicant, or a written statement signed by an authorized representative stating that no fees, forfeitures, assessments are owed.

DCF 57.49(1)(f) (f) Proof of the insurance required under s. DCF 57.08.

DCF 57.49(1)(g) (g) A copy of the personnel policies required under s. DCF 57.17 (1) and any revisions as appropriate.

DCF 57.49(1)(h) (h) A copy of the group home’s policies and procedures required under s. DCF 57.05.

DCF 57.49(1)(i) (i) If the applicant for licensure is a corporation, proof of incorporation or authorization to do business in Wisconsin, as required under s. DCF 57.52.

DCF 57.49(1)(im) (im) A proposed per client rate that each group home 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 57.62 (1) (a).

DCF 57.49(1)(j) (j) Any other information requested by the department.

DCF 57.49 Note Note: A copy of the application form CFS 375 may be requested in writing or by phone from the appropriate field office listed in Appendix A. The completed application and license fee should be returned to the field office from which the application was received.

DCF 57.49(2) (2) If an applicant for licensure is an agency or corporation, an authorized representative of the agency or corporation as applicable shall sign the application. If the applicant for licensure is one or more individuals, the application shall be signed by each individual.

DCF 57.49(3) (3) A licensee applying for a license for an additional group home location shall be in compliance with this chapter in the operation of the existing group home and in compliance with regulations for any other facility licensed by the department and operated by the licensee. Any forfeitures due under s. 48.715, Stats., on other facilities licensed by the department shall be paid before the issuance of an additional license.

DCF 57.49(4) (4) Except as provided in s. DCF 57.50 (3), the department may not process an application for a license from a person who is prohibited from licensure under s. DCF 57.50 or who meets the conditions under s. 48.715 (5), Stats., if the applicant has had a license or certification to operate a group home revoked or denied within the last 2 years before the date of the application. A person is deemed ineligible to submit an application for a license within 2 years from the date the person had a group home license revoked or denied.

DCF 57.49 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (b), (d), (f) to (i) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (1) (im), eff. 9-16-11; CR 11-026: cr. (1) (im), correction in (1) (im) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1034: emerg. cr. (1) (am), eff. 9-2-10; CR 10-105: cr. (1) (am) Register July 2012 No. 679, eff. 8-1-12; correction in (1) (b) (intro.), 2. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729.

DCF 57.50 DCF 57.50 Licensure prohibited.

DCF 57.50(1) (1) The department shall not license a person if any one of the following circumstances exists:

DCF 57.50(1)(a) (a) The department has received certification pursuant to s. 49.857 (2), Stats., that the applicant or licensee has failed to pay court-ordered payments of child or family support or expenses related to the support of a child or former spouse or has failed to comply with a subpoena or warrant by the department of or a county child support agency related to paternity or child support proceedings.

DCF 57.50(1)(b) (b) The department has received certification pursuant to s. 73.0301, Stats., from the department of revenue certifying that the applicant or licensee has a delinquent tax liability.

DCF 57.50(1)(c) (c) The licensee or applicant has given false information to a government agency, failed to submit a complete application, withheld relevant information, or failed to pay any fee, forfeiture or assessment due to a government agency.

DCF 57.50(2) (2) The department may deny a license if any one of the following circumstances exists:

DCF 57.50(2)(a) (a) A person has behavior or a mental or physical condition that gives reasonable concern for the safety of residents.

DCF 57.50(2)(b) (b) Another group home operated by the licensee is in substantial non-compliance with the licensing rules or has outstanding fines or forfeitures.

DCF 57.50(2)(c) (c) If an applicant, owner, or licensee, a proposed or current staff member, volunteer, household member or any other person who has or will have contact with residents is any of the following:

DCF 57.50(2)(c)1. 1. A person who is the subject of a pending criminal charge or who has been convicted of a felony or misdemeanor that substantially relates to the care of children or activities of the group home.

DCF 57.50 Note Note: Examples of charges and offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children are: sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered.

DCF 57.50(2)(c)2. 2. A person who has been determined by a government agency to have abused or neglected a child or who has been determined to have committed an offense that is substantially related to the care of children or activities of the group home.

DCF 57.50(2)(c)3. 3. A person against whom a finding of abuse or neglect or of a misappropriation of property of a client has been entered on the Wisconsin caregiver registry maintained by the department pursuant to ch. DHS 13.

DCF 57.50(2)(c)4. 4. A person who is the subject of a court finding that the person has abandoned, abused, or neglected a child.

DCF 57.50(2)(c)5. 5. A person who fails to submit a background information disclosure form completed under the requirements of s. 48.685, Stats., and ch. DCF 12, and this chapter, or a person who has made false statements on the background information disclosure form.

DCF 57.50(3) (3) If a person’s license is denied or revoked under sub. (1), reinstatement of the license is pursuant to s. 49.857 or 73.0301, Stats., as applicable.

DCF 57.50 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (2) (c) 3. and 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-026: am. (1) (a) Register December 2011 No. 672, eff. 1-1-12; correction in (2) (c) 5. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729.

DCF 57.51 DCF 57.51 Probationary and regular license.

DCF 57.51(1) (1) The initial license granted to an applicant for a group home license shall be a probationary license. A probationary license shall be valid for a period of 6 months from the date of issuance unless sooner revoked or suspended. A probationary license may be renewed for an additional 6-month period.

DCF 57.51(2) (2) If a probationary licensee wishes to apply for a regular license, the probationary licensee shall submit to the department, the application and materials specified in s. DCF 57.49, at least 30 days before the date the probationary license expires.

DCF 57.51(3) (3) Upon receipt of a complete application for a regular license and except as provided in s. DCF 57.50, the department may issue a regular license which shall be valid and continued for a period of 2 years unless sooner revoked or suspended.

DCF 57.51(4) (4) If the licensee wishes to continue a regular license, the licensee shall submit to the department, the application and materials specified in s. DCF 57.49 at least 30 days before the end of the 2 year period. Upon receipt of a complete application to continue a regular license, and except as provided in s. DCF 57.50, the department may continue a regular license for an additional 2 years.

DCF 57.51(5) (5) If the department does not receive a complete application to continue a regular license at least 30 days before the end of each 2 year period, the department shall issue a written warning to the licensee. If the licensee fails to apply for a continuance of the license within 30 days after receipt of the warning, the department may revoke the license under s. DCF 57.56 for failure to apply for a continuance of the license as required in sub. (3), or take any other action appropriate to protect the health safety and welfare of the residents.

DCF 57.51 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (2) to (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.515 DCF 57.515 License provisions.

DCF 57.515(1) (1) The licensee may not change a license provision without first receiving approval from the department. The licensee shall submit to the department a written request for approval to amend the license. The request shall identify the provision that the licensee wishes to have amended or included under the license and the specific reasons that the provision should be amended or included under the license. Receipt of an amended license from the department shall be evidence of the department’s approval of any requested changes to the license provisions.

DCF 57.515 Note Note: A request for approval for an amended license may be sent to the field office that serves the group home.

DCF 57.515(2) (2) A request to amend a license to serve a resident population that is 18 years of age and over, but under 21 years of age, and is transitioning to independence, shall be on a form prescribed by the department.

DCF 57.515 Note Note: Form DCF-F-5081-E, Amendment Request to Extend Care to Residents 18 Years of Age or Over, But Under 21 Years of Age, is available in the forms section of the department’s website, http://dcf.wisconsin.gov, or from a department field office. See Appendix A for the address of the field office for your area.

DCF 57.515 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1414: emerg. renum. to (1), cr. (2), eff. 8-1-14; CR 14-054: renum. to (1), cr. (2) Register April 2015 No. 712, eff. 5-1-15.

DCF 57.52 DCF 57.52 Corporate licensure.

DCF 57.52(1) (1) Before a corporation may be issued a license to operate a group home the corporation shall be incorporated under the laws of Wisconsin or shall have written authorization from the department of financial institutions to do business in Wisconsin.

DCF 57.52(2) (2) The corporation shall designate an authorized representative who shall have responsibility for the administration of the group home.

DCF 57.52 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.53 DCF 57.53 Transferability of license. A group home license may not be transferred.

DCF 57.53 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.54 DCF 57.54 Posting of license and citations. The group home license and any exceptions to the license granted by the department under s. DCF 57.02, citations issued by the department in its most recent inspection on the department’s form CFS-294, and any notice of enforcement action including notices of license revocation, non-renewal, or summary suspension shall be posted in a place in the group home where it can be easily viewed by the public.

DCF 57.54 Note Note: Form CFS-294 is obsolete. The department uses form DCF-F-2544-E to issue citations during an inspection.

DCF 57.54 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.55 DCF 57.55 Sanctions and penalties. The department may impose an order or penalty as provided in s. 48.715 (2) and (3), Stats.

DCF 57.55 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.56 DCF 57.56 License revocation.

DCF 57.56(1) (1) In addition to the reasons for revocation specified under ss. 48.66 (5) and 48.715 (4) and (4m), Stats., the department may revoke a regular or probationary license under any of the following circumstances:

DCF 57.56(1)(a) (a) If an applicant, owner, or licensee, a proposed or current staff member, volunteer, household member or any other person who has or will have contact with residents is any of the following:

DCF 57.56(1)(a)1. 1. A person who is the subject of a pending criminal charge or who has been convicted of a felony or misdemeanor that substantially relates to the care of children or activities of the group home.

DCF 57.56 Note Note: Examples of charges and offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children are: sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered.

DCF 57.56(1)(a)2. 2. A person who has been determined by a government agency to have abused or neglected a child or who has been determined to have committed an offense that is substantially related to the care of children or activities of the group home.