Chapter DCF 61

DCF 61.04(1)(g) (g) Any other information requested by the department.

DCF 61.04 Note Note: Form DCF-F-5474-E, Qualified Residential Treatment Program Certification Application, is available in the forms section of the department's website, http://dcf.wisconsin.gov.

DCF 61.04(2) (2)  Department certification. The department shall determine whether to issue or deny a QRTP certification to a congregate care facility within 60 days after receiving the facility's complete application under sub. (1).

DCF 61.04 History History: EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

DCF 61.05 DCF 61.05  QRTP continuation.

DCF 61.05(1) (1)  Certification review coincides with license continuation review. The department shall review a facility's QRTP certification at the same time that the department reviews the facility's license under s. 48.66 (5), Stats.

DCF 61.05(2) (2)  Application. To apply for continuation of a QRTP certification, the licensee of a facility operating a QRTP shall submit all of the following to the department with the licensee's application for continuation of the facility's license under s. 48.66 (5), Stats.:

DCF 61.05(2)(a) (a) A completed certification continuation application form prescribed by the department.

DCF 61.05(2)(b) (b) Current versions of the documentation required for the initial certification application under s. DCF 61.04 (1) (b) to (g).

DCF 61.05(2)(c) (c) Any other information requested by the department.

DCF 61.05 Note Note: Form DCF-F-5475-E, Qualified Residential Treatment Program Certification Continuation, is available in the forms section of the department's website, http://dcf.wisconsin.gov.

DCF 61.05 History History: EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

DCF 61.06 DCF 61.06  Monitoring.

DCF 61.06(1) (1)  The department may review a congregate care facility's compliance with QRTP certification requirements in s. DCF 61.03 by visiting and inspecting the facility at any time. The department shall have unrestricted access to the QRTP, including all of the following:

DCF 61.06(1)(a) (a) The records of any child placed in the QRTP and any other materials.

DCF 61.06(1)(b) (b) Children and other individuals who have information on the facility's compliance with s. DCF 61.03.

DCF 61.06(2) (2) If the department determines that a congregate care facility's program is not in compliance with s. DCF 61.03, the department may take action under s. DCF 61.08, order the licensee to implement and comply with a plan of correction provided by the department, or order the licensee to implement and comply with a plan of correction submitted by the licensee and approved by the department.

DCF 61.06 History History: EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

DCF 61.07 DCF 61.07  Notification requirement. A congregate care facility operating a QRTP shall notify the department in writing within one week after any change that may affect the facility's compliance with a QRTP requirement under s. DCF 61.03.

DCF 61.07 History History: EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

DCF 61.08 DCF 61.08  Denial, suspension, restriction, nonrenewal, revocation, or withholding of a QRTP certification.

DCF 61.08(1) (1)  The department may deny, suspend, restrict, refuse to renew, revoke, or otherwise withhold a QRTP certification for any of the following reasons:

DCF 61.08(1)(a) (a) The facility's program does not comply with the QRTP requirements in s. DCF 61.03.

DCF 61.08(1)(b) (b) The licensee has violated any provision under ch. 48 or 938, Stats.

DCF 61.08(1)(c) (c) The facility is in substantial noncompliance with applicable licensing requirements under ch. DCF 52, 57, or 59.

DCF 61.08(2) (2) If the department denies, suspends, restricts, refuses to renew, revokes, or otherwise withholds a QRTP certification, the department shall notify the licensee in writing of its decision and the reasons for the decision.

DCF 61.08(3) (3) A denial, suspension, restriction, refusal to renew, revocation, or withholding of a QRTP certification takes effect immediately upon written notification or 30 days after the date of the notice in accordance with the criteria in s. 48.715 (4m), Stats.

DCF 61.08 History History: EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

DCF 61.09 DCF 61.09  Appeal procedures.

DCF 61.09(1) (1)  Any person aggrieved by the department's decision to deny, suspend, restrict, refuse to renew, revoke, or otherwise withhold a QRTP certification may request a hearing on the decision under ch. 227, Stats.

DCF 61.09(2) (2) A request for 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 denial, suspension, restriction, refusal to renew, or other withholding of a QRTP certification.

DCF 61.09 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 the applicable field office listed in ch. DCF 52, Appendix D; ch. DCF 57, Appendix A; or ch. DCF 59, Appendix A.

DCF 61.09 History History: EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23; correction in (2) made under s. 35.17, Stats., Register May 2023 No. 809.