State of Wisconsin
Department of Children and Families
Qualified Residential Treatment Programs
Emergency Rule
The statement of scope for this rule, SS 056-21, was approved by the governor on June 3, 2021, published in Register 786A2, on June 7, 2021, and approved by Secretary Emilie Amundson on June 18, 2021. This emergency rule was approved by the governor on September 3, 2021. The Wisconsin Department of Children and Families adopts an order to create ch. DCF 61, relating to qualified residential treatment programs. Exemption from Finding of Emergency
2021 Wisconsin Act 42, Section 92, provides that notwithstanding s. 227.24 (1) (a) and (3), Stats., the department is not required to provide evidence that promulgating a rule under this subsection 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. 2021 Wisconsin Act 42, Section 92, also provides that notwithstanding s. 227.24 (1) (c) and (2), Stats., emergency rules promulgated under this subsection remain in effect until July 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Analysis Prepared by the Department of Children and Families
Explanation of Agency Authority
Section 48.675 (1), Stats., as created by 2021 Wisconsin Act 42, provides that the department may certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program if it determines that the program meets the requirements of 42 USC 672 (k) (4) and any other requirements established by the department under this section. Section 48.675 (2), Stats., provides that the department may promulgate rules for the establishment, certification, operation, and monitoring of, and the placement of a child in, a qualified residential treatment program under sub. (1). Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Summary of the Rule
The Family First Prevention Services Act of 2018 significantly changes the ways in which states may use federal funds for child welfare services, including new restrictions on federal reimbursement of state expenditures for the care and maintenance of children who are placed in congregate care settings.
Effective September 29, 2021, federal payments for the care and maintenance of a child placed in a residential care center for children and youth, group home, or shelter care facility, will only be available for 2 weeks, unless the child is placed in a qualified residential treatment program or other federally-authorized treatment program. The requirements of a qualified residential treatment program are specified in 42 USC 672 (k) (4). The emergency rule provides the requirements that a congregate care facility must meet to be certified to operate a qualified residential treatment program (QRTP). The requirements in the rule are the same as the requirements in 42 USC 672 (k) (4) with the following minor additions: -A definition of “trauma-informed treatment model” based on information provided by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration.
-A definition of an Indian child’s family for purposes of the requirements on family participation in the child’s treatment program. The rule provides that an Indian child’s family includes the child’s extended family members, others identified in accordance with the laws or customs of the child’s Indian tribe, and, if applicable, the child’s Indian custodian.
-A requirement that a QRTP have policies and procedures on how to implement the federal requirements on family participation in a child’s treatment program.
-A requirement that the discharge planning and family-based aftercare support provided for 6 months after a child’s discharge is in partnership and collaboration with the placing agency, with an invitation for the tribal child welfare agency to participate, if applicable.
The emergency rule provides that the licensee of a congregate care facility may apply for certification to operate a QRTP by submitting an application form and specified information documenting that the facility’s program meets the QRTP requirements. The department will issue or deny a QRTP certification within 60 days after receiving a complete application.
After the initial certification, the department will review a facility’s certification for continuation when the department reviews the facility’s license under s. 48.66 (5), Stats. To apply for continuation of a QRTP certification, the licensee will submit a continuation application form, updated versions of the documentation required for the initial certification application, and any other information requested by the department with the licensee’s application for license continuation. The department may review a facility’s compliance with QRTP certification requirements by visiting and inspecting the facility at any time. The department will have unrestricted access to the QRTP, including the records of any child placed in the QRTP and any other materials and children and other individuals who have information on the facility’s compliance with QRTP requirements.
A congregate care facility operating a QRTP must notify the department in writing within one week after any change that may affect the facility’s compliance with QRTP requirements.
The department may order a plan of correction or deny, suspend, restrict, refuse to renew, revoke, or otherwise withhold a QRTP certification if the facility’s program does not comply with the QRTP requirements, the licensee has violated any provision under ch. 48 or 938, Stats., or the facility is in substantial non-compliance with applicable licensing requirements. Any person aggrieved by the department’s decision may request a hearing on the decision under ch. 227, Stats. Summary of Related Federal Law
Foster care maintenance payments; limitation on federal financial participation
42 USC 672 (k) (1) and (2) provide that beginning with the 3rd week for which foster care maintenance payments are made on behalf of a child placed in a child-care institution, no federal payments shall be made to the State for amounts expended for foster care maintenance payments on behalf of the child unless the child is placed in any of the following: -A qualified residential treatment program as specified in 42 USC 672 (k) (4). -A setting specializing in providing prenatal, post-partum, or parenting supports for youth.
-For a child who has attained 18 years of age, a supervised setting in which the child is living independently.
-A setting providing high-quality residential care and supportive services to children and youth who have been found to be, or are at risk of becoming, sex trafficking victims.
Qualified residential treatment program
42 USC 672 (k) (4) provides that the term “qualified residential treatment program” means a program that meets all of the following conditions: -Has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child.
-Has registered or licensed nursing staff and other licensed clinical staff who provide care in the scope of their practice as defined by state law, are available 24 hours a day and 7 days a week, and are onsite according to the facility’s treatment model. The nursing and behavioral health staff are not required to be employees.
-Facilitates participation of family members in the child’s treatment program if it is in the child’s best interests.
-Facilitates outreach to the family members of the child, including siblings; documents how the outreach is made (including contact information); and maintains contact information for any known biological family and fictive kin of the child.
-Documents how family members are integrated into the treatment process for the child, including post-discharge, and how sibling connections are maintained.
Provides discharge planning and family-based aftercare support for at least 6 months post-discharge.
-Is licensed in accordance with 42 USC 671(a) (10) and is accredited by any of the following: -The Commission on Accreditation of Rehabilitation Facilities.
-The Joint Commission on Accreditation of Healthcare Organizations.
-The Council on Accreditation.
