Chapter DCF 54

DCF 54.06(2)(c) (c) All adoption records shall be maintained in a separate file and in a manner that ensures confidentiality.

DCF 54.06(2)(c)1. 1. The agency shall establish written procedures governing access to the files.

DCF 54.06(2)(c)2. 2. The agency shall establish written procedures which ensure that information is released only in accordance with ss. 48.432, 48.433 and 48.93, Stats., and ch. DCF 53.

DCF 54.06(3) (3) Reports.

DCF 54.06(3)(a) (a) Each agency shall submit statistical reports as required by the department under s. 48.66 (3), Stats.

DCF 54.06(3)(b) (b) Each agency shall make a report to the department within 48 hours after the occurrence of an unusual incident such as a major fire which is defined as one which requires the services of a fire department, or the death or serious injury of a child, a serious injury being defined as one which requires the hospitalization of the child.

DCF 54.06(4) (4) Inspection of premises. The department may visit and inspect a child-placing agency and shall be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:

DCF 54.06(4)(a) (a) Any documentation of child-placing agency operations requested by the department.

DCF 54.06(4)(b) (b) Any agency records on a child or a foster home requested by the department.

DCF 54.06(5) (5) Documentation of staffing. A licensee shall maintain and retain staff payroll records for 5 years.

DCF 54.06(6) (6) Requests for information. A licensee shall promptly respond to requests for information from the department or any other governmental agency with statutory authority to see the information.

DCF 54.06(7) (7) Current and accurate. A licensee shall ensure that information that the licensee submits to or shares with the department or any other governmental agency is current and accurate.

DCF 54.06(8) (8) Financial records and audits.

DCF 54.06(8)(a) (a) A licensee shall arrange for an annual audit report by a certified public accountant in accordance with department guidelines.

DCF 54.06 Note Note: For further information, contact the Department of Children and Families, Bureau of Finance, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916 or 608-422-7000.

DCF 54.06(8)(b) (b) A licensee shall establish and maintain an accounting system that enables a child-placing agency to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 54.09 (1) (a).

DCF 54.06(8)(c) (c) A licensee shall be responsible for the secure and judicious use of the funds of the child-placing agency. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

DCF 54.06(8)(d) (d) A licensee shall maintain a system of business management and staffing to ensure complete and accurate accounts, books, and records are maintained.

DCF 54.06(8)(e) (e) Upon request, a licensee shall provide the department with financial information about the child-placing agency.

DCF 54.06 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 40.44, Register, September, 1982, No. 321, eff. 10-1-82; am. (1) and cr. (2) (c), Register, October, 1984, No. 346, eff. 11-1-84; emerg. renum. from HSS 54.05, eff. 11-1-92; renum. from HSS 54.05, Register, May, 1993, No. 449, eff. 6-1-93; correction in (2) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (title), cr. (4) to (8), eff. 9-16-11; CR 11-026: am. (title), cr. (4) to (8), correction in (5) made under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672, eff. 1-1-12.

DCF 54.065 DCF 54.065 Department memos. A licensee shall register to receive department memos on child welfare licensing and child welfare policy by electronic mail. A licensee shall submit a new registration if the licensee’s electronic mail address changes.

DCF 54.065 Note Note: Sign up for Child Welfare Licensing Memos at https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for Child Welfare Policy Memos at https://dcf.wisconsin.gov/cwportal/sign-up.

DCF 54.065 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 54.07 DCF 54.07 Rate determination.

DCF 54.07(1) (1) The department shall determine the maximum per client administrative rate that each child-placing agency may charge for the administrative portion of its services for foster homes with a Level 3 or 4 certification based on the following:

DCF 54.07(1)(a) (a) A maximum per client administrative rate determined by the department that no child-placing agency may exceed.

DCF 54.07(1)(b) (b) A per client administrative rate that the department determines is appropriate for each child-placing agency program based on the reasonable and necessary costs of the services provided by that child-placing agency.

DCF 54.07(2) (2) A child-placing agency shall charge all Wisconsin public purchasers the same rate for the same services.

DCF 54.07 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 54.08 DCF 54.08 Allowable costs. In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following:

DCF 54.08(1) (1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except as provided in sub. (2).

DCF 54.08(2) (2) Reserves or profit as allowed under the following:

DCF 54.08(2)(a) (a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 1., Stats.

DCF 54.08(2)(b) (b) For proprietary child-placing agencies, profit allowed on an annual basis is the smaller amount determined under the following 2 methods of calculating profit:

DCF 54.08(2)(b)1. 1. The equity method is the sum of 7.5 percent of allowable operating costs plus 15 percent of average net equity for the year. In this subdivision, “average net equity” means the average cost of equipment, buildings, land, and fixed equipment minus the average accumulated depreciation and average long term liabilities for the year.

DCF 54.08(2)(b)2. 2. The expenses method is 10 percent of allowable operating costs for the year.

DCF 54.08 Note Note: Further explanation is available in the department’s Allowable Cost Policy Manual, which is available in the Partner Resources/Grants and Contract Administration section of the department’s website at http://dcf.wisconsin.gov.

DCF 54.08 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12; CR 20-003: am. (1), (2) (a) Register July 2020 No. 775, eff. 8-1-20.

DCF 54.09 DCF 54.09 Rate methodology.

DCF 54.09(1) (1) Cost And service information. Each year by July 1, a licensee shall submit the following information to the department:

DCF 54.09(1)(a) (a) A cost and service report in which the licensee reports the child-placing agency’s costs, types of services provided, and number of children served in the previous year for services provided for foster homes with a Level 3 or 4 certification. The report shall be submitted on a department-prescribed form.

DCF 54.09 Note Note: The cost and service report form is available on the department website, http://dcf.wisconsin.gov, by clicking on foster care and adoption/child welfare licensing/rate regulation.

DCF 54.09(1)(b) (b) The child-placing agency’s most recent audit report under s. DCF 54.06 (8) (a).

DCF 54.09(2) (2) Maximum allowable rate. Each year no later than September 1, the department shall notify licensees of the per client administrative rate that no child-placing agency may exceed for services provided in the following calendar year.

DCF 54.09(3) (3) Proposed rates.

DCF 54.09(3)(a) (a) Each year no later than October 1, a licensee shall submit to the department a proposed rate for the following calendar year for each child-placing agency program that the licensee operates. The licensee shall submit the proposed rate on a department-prescribed form.

DCF 54.09(3)(b) (b) A licensee may request an exception to the department’s maximum rate under sub. (2) if the licensee provides a specialized service or specialized programming to a specific population of children. The exception request shall explain the benefits of the service or programming and why the licensee cannot provide the service or programming within the maximum rate. The exception request shall be made on the rate request form.

DCF 54.09 Note Note: The rate request form is available at https://dcf.wisconsin.gov/ratereg.

DCF 54.09(4) (4) Review of a proposed rate. In reviewing a proposed rate submitted by a licensee under sub. (3), the department shall consider all of the following:

DCF 54.09(4)(a) (a) Whether the proposed rate exceeds the maximum rate determined by the department under sub. (2).

DCF 54.09(4)(b) (b) The child-placing agency’s most recent cost and service report under sub. (1) (a).

DCF 54.09(4)(c) (c) The child-placing agency’s most recent audit report under sub. (1) (b).

DCF 54.09(4)(d) (d) Whether the child-placing agency’s reported costs are within a range of similar costs reported by other child-placing agencies for similar items and services.

DCF 54.09(4)(e) (e) The child-placing agency’s per client administrative rate in previous years.

DCF 54.09(4)(f) (f) Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.

DCF 54.09(4)(g) (g) Changes in the consumer price index for all urban consumers, U.S. city average, for the medical care group, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.

DCF 54.09(4)(h) (h) Changes in the allowable costs of child-placing agencies based on current actual cost data or documented projections of costs.

DCF 54.09(4)(i) (i) Changes in program utilization that affect the per client administrative rate.

DCF 54.09(4)(j) (j) Changes in the department’s expectations relating to service delivery.

DCF 54.09(4)(k) (k) Changes in service delivery proposed by a child-placing agency and agreed to by the department.

DCF 54.09(4)(L) (L) The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client administrative rate for services.

DCF 54.09(4)(m) (m) Whether the child-placing agency is accredited by a national accrediting body that has developed child welfare standards.

DCF 54.09(4)(n) (n) Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage, as defined in s. 49.141 (1) (g), Stats.

DCF 54.09(4)(o) (o) Competitive factors.

DCF 54.09(4)(p) (p) The availability of funding to pay for the services to be provided under the proposed rate.

DCF 54.09(5) (5) Rate approval.

DCF 54.09(5)(a) (a) Each year no later than November 1, the department shall notify each licensee that submitted all information as required under subs. (1) and (3) of the maximum approved per client administrative rate for the child-placing agency for the following year.

DCF 54.09 Note Note: The notification will be sent to the electronic mail address that the licensee has provided to the department.

DCF 54.09(5)(b) (b) If the department determines that a proposed rate submitted under sub. (3) is appropriate based on the factors in sub. (4), the department shall approve the proposed rate.

DCF 54.09(5)(c) (c) If the department determines that a proposed rate submitted under sub. (3) is not appropriate based on the factors in sub. (4), the department shall negotiate with a licensee to determine an agreed to rate. The department’s approved rate under par. (a) following negotiations shall be based on the factors in sub. (4) and additional relevant information presented during negotiations.

DCF 54.09(5)(d) (d) The department may grant a licensee’s request for an exception to the department’s maximum rate under sub. (3) (b) if the department determines that the licensee has shown by clear and convincing evidence that the licensee’s costs are reasonable and necessary given the costs and benefits of the licensee’s specialized service or specialized programming.

DCF 54.09(6) (6) Noncompliance. If a licensee does not submit all information as required under subs. (1) and (3), the department may impose sanctions and penalties under s. DCF 54.02 (3m) and s. 48.715, Stats., including license revocation.

DCF 54.09 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 54.10 DCF 54.10 Rate resolution.

DCF 54.10(1) (1) Mediation.

DCF 54.10(1)(a) (a) If a licensee has negotiated with the department under s. DCF 54.09 (5) (c) and does not agree to the department’s approved rate under s. DCF 54.09 (5) (a), the licensee may request that the department and the licensee engage in mediation. A licensee shall send a request for mediation within 5 business days after the date of the notice in s. DCF 54.09 (5) (a). The request shall be sent by electronic mail to an address specified by the department.

DCF 54.10 Note Note: Requests for mediation should be sent to [e-mail].

DCF 54.10(1)(b) (b) The department shall notify the licensee of the date of the mediation no later than 10 working days after receiving a request under par. (a).

DCF 54.10(1)(c) (c) The issues discussed in the mediation shall be limited to the factors in s. DCF 54.09 (4).

DCF 54.10(2) (2) Order a rate. If after mediation a rate is not agreed to, the department shall order a rate after considering the factors in s. DCF 54.09 (4) and relevant information presented during negotiation and mediation.

DCF 54.10(3) (3) Contested rate.

DCF 54.10(3)(a) (a) A licensee may appeal the rate ordered by the department under sub. (2) as a contested case under ch. 227, Stats. A request for hearing may be submitted to the division of hearing and appeals within 30 days after the date of the order.

DCF 54.10 Note Note: Requests for hearing may be sent to the Division of Hearings and Appeals, PO Box 7875, Madison, WI 53707.

DCF 54.10(3)(b) (b) The basis for a request for hearing shall be limited to the factors in s. DCF 54.09 (4).

DCF 54.10(3)(c) (c) The division of hearings and appeals shall notify the parties in writing at least 10 days before the hearing of the date, time, and location of the hearing and the procedures to be followed.

DCF 54.10 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 54.11 DCF 54.11 Extraordinary payments.

DCF 54.11(1) (1) A licensee may request that a Wisconsin public purchaser pay an extraordinary payment in addition to the rate established under ss. DCF 54.07 to 54.10 for a specific child in care.

DCF 54.11(2) (2) A licensee may request and a Wisconsin public purchaser may approve a child-specific extraordinary payment if all of the following conditions are met: