Chapter Adm 86

Register December 2011 No. 672

Chapter Adm 86

SHELTER FOR HOMELESS PERSONS

Adm 86.01   Introduction.

Adm 86.02   Definitions.

Adm 86.03   Application for a grant.

Adm 86.04   Criteria for determining eligibility for a grant.

Adm 86.05   Criteria for awarding grants.

Ch. Adm 86 Note Note: Chapter HSS 87 was created as an emergency rule effective October 4, 1985. Chapter HSS 87 was renumbered chapter Adm 15 under s. 13.93 (2m) (b) 1. and 7., Stats., Register, February, 1994; Chapter Adm 15 was renumbered chapter Comm 150 under. s. 13.93 (2m) (b) 1., Stats., and corrections were made under s. 13.93 (2m) (b) 6. and 7., Stats., Register January 2004 No. 577. Chapter Comm 150 was renumbered chapter Adm 86 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

Adm 86.01 Adm 86.01 Introduction.

Adm 86.01(1) (1) Authority and purpose. This chapter is promulgated under the authority of s. 16.308 (4), Stats., for the purpose of establishing criteria and procedures for the award of grants to agencies providing shelter to homeless persons.

Adm 86.01(2) (2) To whom the chapter applies. This chapter applies to the department and to county, municipal and federally-recognized tribal governing bodies and agencies, community action agencies and non-profit organizations providing shelter for homeless persons.

Adm 86.01 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1994, No. 458; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 86.02 Adm 86.02 Definitions. In this chapter:

Adm 86.02(1) (1) “Applicant” means a shelter agency or lead agency applying for a grant under s. 16.308, Stats., and this chapter.

Adm 86.02(2) (2) “Department” means the Wisconsin department of administration.

Adm 86.02(3) (3) “Homeless person” means a person who has no place to stay and states that he or she does not have the financial means to purchase lodging.

Adm 86.02(4) (4) “Lead agency” means a department-designated applicant that submits a joint application on behalf of all Dane county or Milwaukee county shelter agencies that wish to apply for grants under this chapter.

Adm 86.02(5) (5) “Shelter” means temporary lodging for homeless persons.

Adm 86.02(6) (6) “Shelter agency” means an agency that operates a shelter facility or a voucher program, or both, or that purchases shelter for homeless persons from a shelter facility.

Adm 86.02(7) (7) “Shelter day” means shelter provided to one homeless person for one night or for a full 24-hour period.

Adm 86.02(8) (8) “Shelter facility” means a place of temporary lodging which provides shelter without charge to homeless persons.

Adm 86.02(9) (9) “Shelter service” means a place to stay and related services provided by a shelter agency to homeless persons. “Related services”may include meals, intake, assessment, information and referral and housing counseling.

Adm 86.02(10) (10) “Voucher program” means a program that provides funds for the purchase of shelter for homeless persons.

Adm 86.02 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; correction in (1) and (2) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1994, No. 458; correction in (1), (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 86.03 Adm 86.03 Application for a grant.

Adm 86.03(1) (1) The department shall solicit applications for grants under s. 16.308, Stats., and this chapter.

Adm 86.03(2) (2) An applicant shall submit a complete application to the department on a form provided by the department and shall include all other supporting documents required by the department to determine the applicant’s eligibility under s. Adm 86.04.

Adm 86.03(3) (3) An applicant shall submit with its application a proposed operating budget for the calendar or fiscal year for which funding is requested. The proposed operating budget shall itemize all anticipated sources and amounts of revenue, including the value of donated goods and services, and all anticipated expenditures.

Adm 86.03 Note Note: Copies of the form, “Homeless Shelter Subsidy Program Application,” can be obtained by writing: Department of Administration, P.O. Box 7970, Madison, WI 53707.

Adm 86.03 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1994, No. 458; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; 2019 Wis. Act 76: am. (1) Register February 2020 No. 770, eff. 3-1-20.

Adm 86.04 Adm 86.04 Criteria for determining eligibility for a grant. An applicant, including all shelter agencies participating in the application, shall meet the following requirements to be eligible for a grant:

Adm 86.04(1) (1) Type of applicant. The applicant shall be:

Adm 86.04(1)(a) (a) A county or municipal governing body or a federally recognized tribal agency;

Adm 86.04(1)(b) (b) A community action agency, as defined in s. 49.265 (2) (a), Stats., or

Adm 86.04(1)(c) (c) A nonprofit organization, as defined in s. 108.02 (19), Stats.

Adm 86.04(2) (2) Prohibited uses. The applicant shall give assurances that no part of the grant will be used to:

Adm 86.04(2)(a) (a) Make security deposits or pay rent for permanent housing;

Adm 86.04(2)(b) (b) Provide shelter in a private home;

Adm 86.04(2)(c) (c) Construct a new shelter facility;

Adm 86.04(2)(d) (d) Operate a shelter care facility licensed under ch. 48, Stats.;

Adm 86.04(2)(e) (e) Operate a shelter facility or private home providing shelter for victims of domestic abuse;

Adm 86.04(2)(f) (f) Operate a community-based residential facility licensed under ch. DHS 83; or

Adm 86.04(2)(g) (g) Operate an agency that provides only shelter information and referral or housing relocation services.

Adm 86.04(3) (3) Organizational capability. The applicant shall demonstrate that it is organizationally capable of meeting the requirements of this chapter by documenting:

Adm 86.04(3)(a) (a) Experience in providing services to needy or homeless persons;

Adm 86.04(3)(b) (b) That a substantial portion of its budget can be supported by revenue from other sources;

Adm 86.04(3)(c) (c) Staff capability and experience in managing funds; and

Adm 86.04(3)(d) (d) Support from existing service providers in the community.

Adm 86.04(4) (4) Need.

Adm 86.04(4)(a) (a) The applicant shall demonstrate that there is a need in the community for the development, expansion or continuation of shelter services.

Adm 86.04(4)(b) (b) The applicant shall indicate a need for additional funding in its proposed operating budget resulting from:

Adm 86.04(4)(b)1. 1. A need to renovate or expand the existing shelter facility, which may include renovation to improve physical accessibility;

Adm 86.04(4)(b)2. 2. A need to develop an existing building into a shelter facility.

Adm 86.04(4)(b)3. 3. A need to expand shelter services for homeless persons; or

Adm 86.04(4)(b)4. 4. An inability to obtain adequate funding to continue the provision of an existing level of shelter services.

Adm 86.04(5) (5) Target group. The applicant shall give assurance that shelter services are fully accessible to homeless individuals and families and that:

Adm 86.04(5)(a) (a) There is no requirement for residency, payment, or participation in religious activity as a condition for receiving shelter services;

Adm 86.04(5)(b) (b) Shelter agencies serving only families or only individuals have procedures for helping other homeless persons obtain shelter;

Adm 86.04(5)(c) (c) Shelter agencies make shelter and other services accessible to persons with physical disabilities or have procedures for helping those persons obtain accessible shelter; and

Adm 86.04(5)(d) (d) Shelter agencies meet state equal employment opportunity requirements under subch. II of ch. 111, Stats.

Adm 86.04(6) (6) Required services. The applicant shall give assurances that each shelter agency included in the application provides at least the following services:

Adm 86.04(6)(a) (a) Shelter;

Adm 86.04(6)(b) (b) Intake, including an interview with the homeless person to determine the extent of the person’s needs; and

Adm 86.04(6)(c) (c) Information and referral.

Adm 86.04(7) (7) Interagency coordination. The applicant shall provide evidence that it is coordinating its services with those of other shelter agencies, the local sheriff or police department, the county social services or human services department established under s. 46.034, 46.21, 46.215, 46.22 or 46.23, Stats., and county departments established under ss. 51.42 and 51.437, Stats. Coordination shall include:

Adm 86.04(7)(a) (a) Interagency referral procedures; and

Adm 86.04(7)(b) (b) Orientation of staff regarding services provided by these agencies.

Adm 86.04(8) (8) Additional requirements for shelter facilities. The applicant shall provide evidence that each shelter facility included in the application meets additional requirements as follows:

Adm 86.04(8)(a) (a) The shelter facility has been inspected to ensure that it complies with chs. SPS 361 to 366;

Adm 86.04(8)(b) (b) The shelter facility is inspected twice a year under s. 101.14, Stats., to ensure that it is in compliance with all applicable fire safety codes;

Adm 86.04(8)(c) (c) The shelter facility has a written safety plan which includes:

Adm 86.04(8)(c)1. 1. Fire safety procedures;

Adm 86.04(8)(c)2. 2. Building evacuation procedures in the event of an emergency; and

Adm 86.04(8)(c)3. 3. Staff responsibilities regarding medical and mental health emergencies; and

Adm 86.04(8)(d) (d) The shelter facility ensures that staff are in the facility whenever homeless persons are present in the facility.

Adm 86.04(9) (9) Additional requirements for a county or municipality that administers general relief. When the applicant is a county, tribal or municipal governing body or agency that administers general relief under s. 49.02, Stats., the applicant shall meet the following additional requirements to be eligible for funds under this chapter:

Adm 86.04(9)(a) (a) The cost of providing shelter that is funded by general relief shall be excluded from the applicant’s proposed operating budget;

Adm 86.04(9)(b) (b) The applicant’s estimated shelter days may not include shelter days paid for by general relief;

Adm 86.04(9)(c) (c) A shelter facility or voucher program operated by the applicant shall be available to serve all homeless persons whether or not they are eligible for general relief; and

Adm 86.04(9)(d) (d) The applicant shall ensure that funds received under this chapter are not expended to supplant or reduce shelter benefits that the governing body is obligated to provide under s. 49.02, Stats.

Adm 86.04(10) (10) Waiver of eligibility criteria. The department may waive any requirement under this section if the department determines that an alternative to the requirement provides for the housing and protection of homeless persons and does not violate s. 16.308, Stats.

Adm 86.04 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; correction in (9) (d) and (10) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1994, No. 458; corrections in (7) and (8) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; corrections in (2) (f), (9) (intro.) and (d) made under s. 13.93 (2m) (b) 1. and 7., Stats., Register February 2002 No. 554; correction in (1) (b), (2) (f), (8) (a), (b), (10) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 86.05 Adm 86.05 Criteria for awarding grants.

Adm 86.05(1) (1) Method for distributing grants.

Adm 86.05(1)(a) (a)