Chapter DCF 54

DCF 54.01(4)(e) (e) “Child welfare agency” means any person required to be licensed under s. 48.60, Stats.

DCF 54.01(4)(em) (em) “County department” or “county” means a county department of social services under s. 46.215 or 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or a county department under s. 51.42 or 51.437, Stats.

DCF 54.01(4)(f) (f) “Department” means the department of children and families.

DCF 54.01(4)(g) (g) “Division” means the department’s division of safety and permanence.

DCF 54.01(4)(gm) (gm) “Foster home with a Level 3 or 4 certification” means a facility operated by a person licensed under s. 48.62 (1), Stats., and certified under s. DCF 56.13 (5) or (6).

DCF 54.01(4)(h) (h) “Guardian” means the person or agency appointed by a court to make major decisions affecting a child which may include consent to marriage, to enlistment in the armed forces, to major surgery and to adoption, or to manage the estate of a minor.

DCF 54.01(4)(i) (i) “Indian child” has the meaning prescribed in 25 USC 1903 (4), namely, any unmarried person who is under age 18 and is either a member of an Indian tribe or eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

DCF 54.01(4)(j) (j) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of their status as Indians.

DCF 54.01(4)(k) (k) “Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody, and who thereby has the right and duty to protect, train and discipline the child and to provide for the child’s care needs. “Legal custody” has the meaning prescribed in s. 48.02 (12), Stats.

DCF 54.01(4)(L) (L) “Wisconsin public purchaser” means a county department, the department, or the Wisconsin department of corrections.

DCF 54.01 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. (4) (c), Register, December, 1983, No. 336, eff. 1-1-84; emerg. renum. (4) (c) to (h) to be (4) (d) to (h) and (k), cr. (4) (c), (i) and (j), eff. 9-5-92; renum. (4) (c) to (h) to be (4) (d) to (h) and (k), cr. (4) (c), (i) and (j), Register, May, 1993, No. 449, eff. 6-1-93; CR 04-040: cr. (3m) Register December 2004 No. 588, eff. 1-1-05; corrections in (4) (f) and (g) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (1), (3), renum. (4) (a) to be (4) (am), cr. (4) (a), (gm), eff. 9-16-11; CR 11-026: am. (1), (3), renum. (4) (a) to be (4) (am), cr. (4) (a), (em), (gm), (L) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. r. and recr. (4) (b), eff. 8-1-14; CR 14-054: r. and recr. (4) (b) Register April 2015 No. 712, eff. 5-1-15.

DCF 54.02 DCF 54.02 Organization and administration.

DCF 54.02(1) (1) Incorporation. Every child welfare agency shall be incorporated. Any agency incorporated outside of Wisconsin shall secure authorization from the secretary of state to do business in Wisconsin.

DCF 54.02(2) (2) Board of directors.

DCF 54.02(2)(a) (a) Every agency shall be governed by a board of directors which is responsible for the operation of the agency according to its defined purposes.

DCF 54.02(2)(b) (b) If the agency is incorporated in another state, the board of directors shall:

DCF 54.02(2)(b)1. 1. Meet in Wisconsin at least once during the period for which the license is issued, or

DCF 54.02(2)(b)2. 2. Have a subcommittee of at least 3 Wisconsin residents one of whom shall be a member of the board. This subcommittee shall be responsible to the board of directors to see that board policies are carried out and that there is adherence to licensing rules.

DCF 54.02(2)(c) (c) When requested, the board, or its subcommittee if it is in the category covered by par. (b) 2., shall meet with its licensing representative.

DCF 54.02(2)(d) (d) The board shall:

DCF 54.02(2)(d)1. 1. Define its responsibilities. These responsibilities shall include:

DCF 54.02(2)(d)1.a. a. The establishment of policies to be followed by the agency and regular planned review of policies and purposes of the agency to determine that the interests of children are being served.

DCF 54.02(2)(d)1.b. b. Surveillance that the agency does not discriminate in its personnel practices, intake and services on the basis of race, color and national origin.

DCF 54.02(2)(d)1.c. c. The exercise of trusteeship for property, investment and protection from liability.

DCF 54.02(2)(d)1.d. d. Approval of the budget and responsibility for obtaining and disbursing of funds.

DCF 54.02(2)(d)1.e. e. Employment of a qualified executive and delegation to that executive the responsibility for the administration of the agency and the employment of other staff members.

DCF 54.02(2)(d)2. 2. Meet at least semiannually and keep minutes of each meeting which shall be made a part of the permanent records of the agency.

DCF 54.02(2)(d)3. 3. Keep informed to ensure that the agency fulfills its functions.

DCF 54.02(2)(d)4. 4. Consult with the department prior to the establishment of a new agency or the changing of a basic program of care of an existing agency or the extension of service into additional program or geographic areas.

DCF 54.02(2)(d)5. 5. Notify the department when there is a change in the executive of the agency and/or the chief officer of the board.

DCF 54.02(2)(d)6. 6. Notify the department of any major changes pending or occurring in the corporate structure, organization or administration of the agency.

DCF 54.02(3) (3) Application.

DCF 54.02(3)(a) (a) The board shall submit to the department an application to operate an agency in a form prescribed by the department for a license. The application shall be signed by the chief officer of the board and the agency executive. It shall not operate the agency until it receives such a license.

DCF 54.02 Note Note: An application form may be obtained from the department’s website at http://dcf.wisconsin.gov or by writing or telephoning any field office listed in Appendix A.

DCF 54.02(3)(b) (b) If the board is applying for a license for the first time the application shall be submitted at least 60 days prior to the date on which it proposes to begin operation.

DCF 54.02(3)(c) (c) The following material shall accompany the first application for a license:

DCF 54.02(3)(c)1. 1. A copy of the articles of incorporation and if existent, a copy of the constitution and by-laws.

DCF 54.02(3)(c)2. 2. Evidence of the availability of funds to carry the agency through the first year of operation.

DCF 54.02(3)(c)3. 3. A statement of purpose which includes a description of the geographic area to be served, the types of children to be accepted for care, the services to be provided and the program objectives.

DCF 54.02(3)(c)4. 4. A general description of each type of position proposed for the agency.

DCF 54.02(3)(c)5. 5. A proposed organization chart insuring that there will be staff in number and qualifications for the scope of the agency services.

DCF 54.02(3)(c)6. 6. A list of board members including the addresses of the officers of the board.

DCF 54.02(3)(c)7. 7. A proposed per client administrative rate that the child-placing agency will charge for services for foster homes with a Level 3 or 4 certification in the current year and a proposed budget with the same cost categories as the department’s cost and service report under s. DCF 54.09 (1) (a).

DCF 54.02(3)(d) (d) Subsequent applications shall be submitted to the department:

DCF 54.02(3)(d)1. 1. At least 30 days prior to the continuation date of the current license.

DCF 54.02(3)(d)2. 2. When an additional office is to be opened.

DCF 54.02(3)(d)3. 3. When a new program subject to licensing is to be initiated.

DCF 54.02(3)(d)4. 4. When the geographic area served is to be extended.

DCF 54.02(3)(d)5. 5. When the address of the agency is to be changed.

DCF 54.02(3)(d)6. 6. When the name of the agency is to be changed.

DCF 54.02(3)(e) (e) Subsequent applications shall be sent with the following materials:

DCF 54.02(3)(e)1. 1. Copies of the annual reports published since the last license was issued.

DCF 54.02(3)(e)2. 2. The budget for the current fiscal year and the most recent financial audit.

DCF 54.02(3)(e)3. 3. A list of the current members of the board of directors and its committees.

DCF 54.02(3)(e)4. 4. The number, names, qualifications and classifications of current staff.

DCF 54.02(3)(e)5. 5. A copy of the current staff organization chart.

DCF 54.02(3)(e)6. 6. A description of any program review and evaluation and changes in program content and purpose which have occurred since the last license was issued.

DCF 54.02(3)(e)7. 7. If the expiring license is provisional, a statement showing whether the requirements on which a provisional license was based have been met, or if not, plans for meeting them.

DCF 54.02(3)(e)8. 8. A copy of any revisions of personnel practices that have been made since the last license was issued.

DCF 54.02(3)(e)9. 9. Upon the request of the department, a copy of the current staff development and in-service training plan.

DCF 54.02(3)(em) (em) Within 60 days after receiving a complete application for a child-placing agency license, the department shall either approve the application and issue a license or deny the application. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial.

DCF 54.02(3)(er) (er) Pursuant to s. 48.60, Stats., before the department may issue or continue a license under par. (em), the department shall review the need for additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care under s. 48.61 (3), Stats. If the department’s review fails to indicate the need for additional placement resources neither the department nor the department of corrections may make any placements to any child welfare agency.

DCF 54.02(3)(f) (f) A written amendment to the license shall be secured from the department by the board of directors prior to any changes in the conditions of the current license.

DCF 54.02(3)(g) (g) When a license is granted, the board shall display the certificate of license in a prominent place in the agency.

DCF 54.02(3m) (3m) License denial or revocation.

DCF 54.02(3m)(a) (a) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

DCF 54.02(3m)(a)1. 1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.

DCF 54.02(3m)(a)2. 2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.

DCF 54.02(3m)(a)3. 3. Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.

DCF 54.02(3m)(a)4. 4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

DCF 54.02(3m)(a)5. 5. The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.

DCF 54.02(3m)(a)6. 6. Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.

DCF 54.02(3m)(a)7. 7. Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

DCF 54.02(3m)(a)8. 8. Made false statements or withheld information.

DCF 54.02(3m)(a)9. 9. Failed to comply with the requirements in s. DCF 54.09 (1) and (3).

DCF 54.02(3m)(b) (b) Appeals.

DCF 54.02(3m)(b)1. 1. Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.44, Stats.

DCF 54.02(3m)(b)2. 2. The request for a 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 refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

DCF 54.02 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 appropriate field office listed in Appendix A.

DCF 54.02(4) (4) Financing.

DCF 54.02(4)(a) (a) The board, with the executive, shall be responsible for the safety and judicious use of the funds of the agency. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

DCF 54.02(4)(b) (b) Each agency shall:

DCF 54.02(4)(b)1. 1. Have sufficient funds assured to carry a new agency through its first year of operation and be able to furnish evidence to that effect.

DCF 54.02(4)(b)2. 2. Have a sound plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care for children, as required by the administrative rules relating to licensing child placing agencies.

DCF 54.02(4)(b)3. 3. Provide for annual audit of all accounts by a certified public accountant who is not in the employ of the agency nor a member of the board.

DCF 54.02(4)(b)4. 4. On request, provide the department with financial records or financial statements.

DCF 54.02(4)(c) (c) The financial operation of the agency shall be on the basis of an annual budget approved by the board. This budget shall reflect anticipated expenditures and sources of income.

DCF 54.02 History History: Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.41, Register, September, 1982, No. 321, eff. 10-1-82; cr. (3) (em), Register, October, 1985, No. 358, eff. 11-1-85; emerg. cr. (5), eff. 9-5-92; CR 04-040: cr. (3) (er) and (3m) Register December 2004 No. 588, eff. 1-1-05; correction in (3m) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (3) (c) 7., eff. 9-16-11; CR 11-026: cr. (3) (c) 7., (3m) (i) Register December 2011 No. 672, eff. 1-1-12; correction in (3m) (i) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; 2015 Wis. Act 132: am. (3) (d) 1. Register February 2016 No. 722, eff. 3-1-16; EmR1633: emerg. renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b), eff. 11-18-16; CR 16-051: renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b) Register July 2017 No. 739, eff. 8-1-17.

DCF 54.03 DCF 54.03 Personnel administration.