Chapter DCF 21

RE-ENTRY INTO OUT-OF-HOME CARE FOR YOUTH 18 YEARS OF
AGE OR OVER, BUT UNDER 21 YEARS OF AGE

DCF 21.01   Purpose.

DCF 21.02   Definitions.

DCF 21.03   Eligibility.

DCF 21.04   Youth’s request to re-enter out-of-home-care and agency determination.

DCF 21.05   Voluntary transition-to-independent-living agreement.

DCF 21.06   Placement and supervision.

DCF 21.07   Termination.

DCF 21.08   Appeal rights.

DCF 21.09   Reapplication following denial or termination.

DCF 21.01 DCF 21.01 Purpose. This chapter provides conditions and procedures for re-entry into out-of-home care for youth under ss. 48.366 and 938.366, Stats.

DCF 21.01 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.02 DCF 21.02 Definitions. In this chapter:

DCF 21.02(1) (1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals.

DCF 21.02(2) (2) “Agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department; or the department of corrections.

DCF 21.02(3) (3) “Aging out” means, except as provided under ss. 48.368 and 938.368, Stats., a youth is discharged from out-of-home care due to termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., made before the youth reaches 18 years of age that places or continues the placement of the youth in out-of-home care; termination of a voluntary transition-to-independent-living agreement; or termination of a voluntary placement agreement on the date of any of the following:

DCF 21.02(3)(a) (a) The date that the youth reaches 18 years of age.

DCF 21.02(3)(b) (b) The date that the youth is granted a high school or high school equivalency diploma or the date on which the child reaches 19 years of age, whichever occurs first, if the youth is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age.

DCF 21.02(3)(c) (c) The date that a youth who is 18 years of age or over makes a decision to leave out-of-home care and the order is dismissed, the voluntary-transition-to-independent-living agreement is terminated, or the voluntary placement agreement is terminated.

DCF 21.02(3)(d) (d) The date of termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., that provides for termination one year or less after the date on which the order was entered.

DCF 21.02(4) (4) “Division of hearings and appeals” means the division of hearings and appeals within the department of administration.

DCF 21.02(5) (5) “Foster home” means any facility operated by a person licensed under s. 48.62 (1), Stats., and ch. DCF 56.

DCF 21.02(6) (6) “Group home” means a facility operated by a person licensed by the department under s. 48.625, Stats., and ch. DCF 57 to provide 24-hour care for 5 to 8 residents.

DCF 21.02(7) (7) “Hearing” means a de novo proceeding before an impartial administrative law judge in which the youth or the youth’s representative presents the reasons why the agency action or inaction in the youth’s case should be corrected.

DCF 21.02(8) (8) “Independent living-transition-to-discharge plan” means a plan for each youth exiting care on or after the age of 18 that contains provisions to ensure that basic resources are in place for the youth’s transition to adulthood, including all of the following:

DCF 21.02(8)(a) (a) The youth’s anticipated date of and age at discharge from out-of-home care.

DCF 21.02(8)(b) (b) Information on how the youth will obtain and secure housing.

DCF 21.02(8)(c) (c) Information on how the youth will manage health care needs.

DCF 21.02(8)(d) (d) Information on whether the youth intends to continue with formal education and how the youth will attain his or her educational goals.

DCF 21.02(8)(e) (e) Techniques for building relationships with supportive adults.

DCF 21.02(8)(f) (f) Employment services that are available to the youth.

DCF 21.02(8)(g) (g) Workforce support that is available to the youth.

DCF 21.02(8)(h) (h) The continuation of necessary supportive independent living services after the youth leaves out-of-home care.

DCF 21.02(8)(i) (i) Information on how the youth can obtain essential documents.

DCF 21.02(9) (9) “Out-of-home care” means care and maintenance provided to a youth in a foster home, group home, residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365, Stats., or in the guardianship and custody of an agency specified in s. 48.427 (3m) (a) 1. to 4. or (am), Stats., under an order under s. 48.43, Stats.

DCF 21.02(10) (10) “Residential care center for children and youth” means a facility operated by a child welfare agency licensed under s. 48.60, Stats., and ch. DCF 52 for the care and maintenance of children residing in that facility.

DCF 21.02(11) (11) “Voluntary placement agreement” means a written agreement between a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department; or a child welfare agency licensed under s. 48.60, Stats., and the child or youth’s parent or guardian and the child, if the child or youth is 12 years of age or older, for the placement of the child or youth in a foster home or group home under s. 48.63 (1), Stats.

DCF 21.02(12) (12) “Voluntary transition-to-independent-living agreement” means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats.

DCF 21.02 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.03 DCF 21.03 Eligibility.

DCF 21.03(1) (1) A youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination of a voluntary transition-to-independent-living agreement may be eligible to re-enter out-of-home care if all of the following conditions are met:

DCF 21.03(1)(a) (a) The youth is 18 years of age or over but under 21 years of age.

DCF 21.03(1)(b) (b) The youth is a full-time student at a secondary school or its technical or vocational equivalent.

DCF 21.03(1)(c) (c) There is an individualized education program under s. 115.787, Stats., in effect for the youth.

DCF 21.03(2) (2) The agency shall allow a youth who meets the eligibility criteria to re-enter out-of-home care at least 2 times.

DCF 21.03(3) (3) The agency may use its discretion in determining whether to allow a youth who meets the eligibility criteria to re-enter out-of-home care more than 2 times.

DCF 21.03 Note Note: Issues the agency may want to consider include whether the youth is homeless or at imminent risk of becoming homeless, is pregnant or parenting, or has significant mental health issues. The agency may also want to consider whether the youth’s last discharge from out-of-home care was pursuant to an independent living-transition-to-discharge plan that was agreed to by the youth and the agency.

DCF 21.03 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.04 DCF 21.04 Youth’s request to re-enter out-of-home-care and agency determination.

DCF 21.04(1) (1) A youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination of a voluntary transition-to-independent-living agreement may submit a written request for a determination of eligibility to re-enter out-of-home care that contains all of the following information:

DCF 21.04(1)(a) (a) The youth’s full name.

DCF 21.04(1)(b) (b) The youth’s date of birth.

DCF 21.04(1)(c) (c) The youth’s contact information and contact information for another person who will know where the youth is and be able to contact him or her.

DCF 21.04(1)(d) (d) The agency that had placement and care responsibility for the youth when he or she last left out-of-home care.

DCF 21.04(1)(e) (e) The secondary school or its technical or vocational equivalent where the youth is enrolled or an attestation by the youth that he or she does not have a high school diploma and wants to re-enroll in secondary school or its technical or vocational equivalent.

DCF 21.04(1)(f) (f) The youth attests that he or she has an individualized educational program under s. 115.787, Stats., in effect.

DCF 21.04(1)(g) (g) If known, contact information for a person at the youth’s secondary school or its technical or vocational equivalent who is on the youth’s individualized education program team under s. 115.787, Stats.

DCF 21.04(2) (2) If a youth requests that an agency assist the youth with writing the request for determination of eligibility, the agency shall assist the youth.

DCF 21.04(3) (3) A youth may submit a written request for a determination of eligibility to re-enter out-of-home care to any of the following agencies:

DCF 21.04(3)(a) (a) The county department of social services under s. 46.22, Stats., or the county department of human services under s. 46.23, Stats., in the county where the youth resides.

DCF 21.04(3)(b) (b) The agency that had placement and care responsibility for the youth when the youth’s most recent out-of-home care placement terminated or the youth aged out.

DCF 21.04(4) (4) The agency that receives the youth’s request for determination of eligibility shall provide the youth with a written explanation of the youth’s appeal rights under s. DCF 21.08 if the application is denied or, if determined eligible, if eligibility is later terminated under s. DCF 21.07.

DCF 21.04(5) (5) The agency under sub. (3) (b) shall determine the youth’s eligibility for re-entry to out-of-home care under s. DCF 21.03. If a youth submits a request to re-enter out-of-home care to the agency in the county where the youth resides and that agency is not the agency under sub. (3) (b), that agency shall forward the youth’s request to the agency under sub. (3) (b) on the same day.

DCF 21.04(6) (6) Within 5 working days after receiving the youth’s request, the agency under sub. (3) (b) shall make an eligibility determination and send a written notice to the youth. If the youth is not enrolled in school, the agency under sub. (3) (b) shall assist the youth with re-enrollment in school.

DCF 21.04(7) (7) If the agency under sub. (3) (b) is not the agency in the county where the youth resides, the agency where the youth resides shall assist the agency under sub. (3) (b) with all of the following:

DCF 21.04(7)(a) (a) Verifying the youth’s enrollment in a secondary school or its technical or vocational equivalent.

DCF 21.04(7)(b) (b) Verifying that an individualized education program under s. 115.787, Stats., is in effect for the youth.

DCF 21.04(7)(c) (c) Interviewing the youth.

DCF 21.04(7)(d) (d) Obtaining signatures from the youth and, if needed, the youth’s guardian.

DCF 21.04(8) (8) 

DCF 21.04(8)(a) (a) If the agency under sub. (3) (b) determines that the youth is eligible under s. DCF 21.03, the agency shall enter into a voluntary transition-to-independent-living agreement with the youth within the same 5 working days that eligibility is determined under sub. (6). If the agency under sub. (3) (b) determines that the youth is not eligible, the agency shall send a written notice within 5 working days after the determination is made that specifies the reasons for the denial and informs the youth of his or her right to appeal under s. DCF 21.08.

DCF 21.04(8)(b) (b) Notwithstanding par. (a), if the agency determines that the youth is eligible and makes efforts to contact the youth using the contact information provided by the youth and the youth does not respond, the agency shall enter into a new voluntary transition-to-independent-living agreement with the youth as soon as practicable.

DCF 21.04 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.05 DCF 21.05 Voluntary transition-to-independent-living agreement. The voluntary transition-to-independent-living agreement shall be on a form prescribed by the department and include all of the following conditions:

DCF 21.05(1) (1) The youth is 18 years of age or over but under 21 years of age.

DCF 21.05(2) (2) The youth is a full-time student at a secondary school or its technical or vocational equivalent.

DCF 21.05(3) (3) There is an individualized education program under s. 115.787, Stats., in effect for the youth.

DCF 21.05(4) (4) The youth will participate in activities assigned by the agency to prepare the youth for independent living.

DCF 21.05(5) (5) The youth will comply with school attendance requirements in the youth’s individualized education program under s. 115.787, Stats., school district policies, and truancy laws and ordinances.

DCF 21.05(6) (6) The youth will not be missing from his or her out-of-home care placement for more than 2 weeks without contact with the agency.

DCF 21.05(7) (7) If there is any change in the youth’s circumstances that affects a provision of the voluntary transition-to-independent-living agreement, the youth will notify the agency within 10 calendar days after the effective date of the change.

DCF 21.05 Note Note: Form DCF-F-5030-E, Voluntary Transition-to-Independent-Living Agreement, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

DCF 21.05 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.06 DCF 21.06 Placement and supervision.

DCF 21.06(1) (1) Within 24 hours after the voluntary transition-to-independent-living agreement is signed, the agency under s. DCF 21.04 (3) (b) shall place the youth in out-of-home care or the home of a person not a relative under s. 48.207 (1) (f) or 938.207 (1) (f), Stats., or shall make other arrangements for housing for the youth. The agency under s. DCF 21.04 (3) (b) shall place the youth in a long-term out-of-home care placement within 10 days after the voluntary transition-to-independent-living agreement is signed.

DCF 21.06(2) (2) If the youth resides in a county other than the county where the agency under s. DCF 21.04 (3) (b) is located, the agency in the county where the youth resides shall supervise the youth jointly with the agency under s. DCF 21.04 (3) (b). The agency in the county where the youth resides shall conduct monthly face-to-face contacts with the youth and shall provide the agency under s. DCF 21.04 (3) (b) with documentation of the contacts and other updates necessary to support the care and supervision of the youth.

DCF 21.06 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.07 DCF 21.07 Termination.