Chapter DHS 61

DHS 61.36(1) (1) Agency based programs for birth-3 years.

DHS 61.36(1)(a) (a) Required personnel.

DHS 61.36(1)(a)1. 1. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in child development, early childhood education or a closely related area.

DHS 61.36(1)(a)2. 2. Instructional and related personnel shall be certified or meet certification requirements as established by the department of public instruction.

DHS 61.36(1)(a)3. 3. The maximum number of children in a group and the ratio of children to direct service staff shall not exceed:

DHS 61.36(1)(b) (b) Program.

DHS 61.36(1)(b)1. 1. For children from birth to 3 years, the program emphasis shall be on cognitive, motor, social, communication and self help skills.

DHS 61.36(1)(b)2. 2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons primarily responsible for the care of the child.

DHS 61.36(1)(b)3. 3. Programming for the birth to 3 year old shall take into consideration the individual family environment of each child.

DHS 61.36(1)(b)4. 4. Educational services shall be provided as recommended in the service plan.

DHS 61.36(1)(b)5. 5. Designated staff involved in the education service shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes in the service plan.

DHS 61.36(2) (2) Home-based services for birth-3 years.

DHS 61.36(2)(a) (a) Required personnel.

DHS 61.36(2)(a)1. 1. There shall be a home trainer who is certified by the department based on the criteria established by the Wisconsin hometrainers association, Inc. A licensed physical therapist or neuro-developmental occupational therapist also qualifies as home trainers.

DHS 61.36(2)(b) (b) Program.

DHS 61.36(2)(b)1. 1. For children from birth to 3 years, the program emphasis shall be on cognitive, motor, social, communication and self help skills.

DHS 61.36(2)(b)2. 2. Whenever possible programming for the birth to 3 year old shall be done in conjunction with the parents or the persons primarily responsible for the care of the child.

DHS 61.36(2)(b)3. 3. Programming for the birth to 3 year old shall take into consideration the individual family environment of each child.

DHS 61.36(2)(b)4. 4. Educational services shall be provided as recommended in the service plan.

DHS 61.36(2)(b)5. 5. Designated staff involved in the education service shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes in the service plan.

DHS 61.36(3) (3) Programs serving individuals 18 years and over. These programs requirements are specified in s. DHS 61.38, training services.

DHS 61.36 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.37 DHS 61.37 Recreational services. Recreation services are activities designed to meet specific individual needs such as individual self-expression, social interaction and entertainment; develop skills and interests leading to enjoyable and constructive use of leisure time; and improved well-being.

DHS 61.37(1) (1) Personnel. There shall be a recreation director and staff as needed.

DHS 61.37(2) (2) Program.

DHS 61.37(2)(a) (a) The agency providing recreation services shall hold regularly scheduled activities which meet the needs, interests and abilities of individuals.

DHS 61.37(2)(b) (b) The agency providing recreation services shall provide at least one of the following kinds of activities:

DHS 61.37(2)(b)1. 1. Active and passive

DHS 61.37(2)(b)2. 2. Individual and group

DHS 61.37(2)(b)3. 3. Social, physical and creative

DHS 61.37(2)(b)4. 4. Community involvement activities

DHS 61.37(2)(c) (c) The agency providing recreation services shall provide suitable space for recreation programs.

DHS 61.37(2)(d) (d) The agency providing recreation services shall provide the necessary supplies and equipment to meet the individual needs of clients.

DHS 61.37(2)(e) (e) The agency providing recreation services shall utilize existing generic community social and recreation services, including personnel, supplies, equipment, facilities and programs when possible.

DHS 61.37 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.38 DHS 61.38 Training services. Training services provide a planned and systematic sequence of formal and informal activities for adults designed to develop skills in performing activities of daily and community living including self-help, motor and communication skills and to enhance emotional, personal and social development. Training services are usually provided as day services, sheltered employment or transitional community living arrangements.

DHS 61.38(1) (1) Personnel.

DHS 61.38(1)(a) (a) Director. There shall be a director who shall have skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a human services related field and at least 3 years of related experience.

DHS 61.38(1)(b) (b) Other staff. Program staff may include but is not limited to home trainers, specialists, and assistants. Staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modifying equipment and environments, and the application of special equipment for persons with physical disabilities.

DHS 61.38(1)(c) (c) Personnel ratios. Personnel ratios shall be a minimum of one direct service staff for each 15 persons.

DHS 61.38(2) (2) Program.

DHS 61.38(2)(a) (a) Training service shall include at least one of the following programs to encourage and accelerate development in:

DHS 61.38(2)(a)1. 1. Independent and daily living skills.

DHS 61.38(2)(a)2. 2. Mobility skills.

DHS 61.38(2)(a)3. 3. Social development.

DHS 61.38(2)(a)4. 4. Vocational and work related skills.

DHS 61.38(2)(b) (b) Training services shall be directed toward integrating the individual into the total family and community environment.

DHS 61.38(2)(c) (c) Training services shall be provided as recommended in the service plan.

DHS 61.38(2)(d) (d) Staff supervising the training service shall send a written report to the case manager or his or her designee at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and recommendations for changes.

DHS 61.38 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.39 DHS 61.39 Treatment services. Treatment services provide coordinated medical or medically related interventions which halt, control or reverse processes which cause, aggravate or complicate developmental disabilities. The interventions may include dental and medical treatments, physical therapy, occupational therapy, speech therapy and other medical and ancillary medical programs.

DHS 61.39(1) (1) Personnel. There shall be a professional licensed in the area in which he or she is prescribing, directing, administering, or supervising treatment services. All treatment services shall be in compliance with the professional rules and regulations of the licensing bodies.

DHS 61.39(2) (2) Program.

DHS 61.39(2)(a) (a) Treatment services shall be provided as recommended in the service plan.

DHS 61.39(2)(b) (b) Designated staff involved in the treatment services shall send a written report to the case manager or his or her designee at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes in the service plan.

DHS 61.39 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.40 DHS 61.40 Sheltered employment and work activity services. Sheltered employment services are non-competitive remunerative employment for an indefinite period of time for individuals who are presently unemployable in the competitive labor market. Work activity services are worklike therapeutic activities for individuals with disabilities whose physical or mental impairment is so severe as to make their productive capacity inconsequential (never more than 25% of the normal production capacity). Sheltered employment programs shall include sheltered employment services or work activity services and may include the additional developmental disabilities services of counseling, education, recreation, training, personal care and transportation. A sheltered employment program shall comply with all of the following:

DHS 61.40(1) (1) Personnel.

DHS 61.40(1)(a) (a) There shall be a director who shall possess skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in a human services field, with a minimum of 2 years supervisory or administrative experience in an agency which is programmed for the developmentally disabled or an appropriate industrial background with 2 years of relevant experience.

DHS 61.40(1)(b) (b) There shall be a program director who shall possess the skills and knowledges that typically would be acquired through a course of study leading to a master’s degree in psychology, rehabilitation or a closely related field with at least one year of experience in programming for the developmentally disabled. An additional 2 years of experience may provide those skills and knowledge typically acquired through study for a master’s degree.

DHS 61.40(1)(c) (c) There shall be a supervisor or supervisors who shall possess skills and knowledges that typically would be acquired through:

DHS 61.40(1)(c)1. 1. A course of study that would lead to a bachelor’s degree in one of the human services, or

DHS 61.40(1)(c)2. 2. A minimum of 2 years of academic, technical or vocational training consistent with the type of work to be supervised or

DHS 61.40(1)(c)3. 3. A minimum of 2 years of experience in a work situation related to the type of work supervised.

DHS 61.40(1)(d) (d) There may be a contract procurement specialist who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an industrial, business, or related field. Two years of bidding, pricing, time study, marketing, advertising or sales experience may be substituted for a course of study.

DHS 61.40(1)(e) (e) There may be a production manager who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor’s degree in an engineering, business or industrial field. Business or industrial experience in a supervisory capacity can substitute for course study on a year for year basis.

DHS 61.40(1)(f) (f) There shall be a vocational counselor who shall possess or be eligible for the provisional school counselor certificate and have the skills and knowledge typically acquired during a course of study leading to a master’s degree in counseling and guidance.

DHS 61.40(1)(g) (g) Additional staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modifying equipment and environments, and the application of special equipment for persons with physical disabilities.

DHS 61.40(1)(h) (h) Agencies offering sheltered employment or work activities shall maintain the following staff ratios when the program is operating:

DHS 61.40(1)(h)1. 1. There shall be a minimum of 2 supervisory personnel for the first 15 sheltered or work activity employees.

DHS 61.40(1)(h)2. 2. There shall be one additional direct service personnel for each additional 15 sheltered or work activity employees or fraction thereof.

DHS 61.40(1)(i) (i) Agencies offering sheltered employment or work activities shall make services available a minimum of 20 hours per week.

DHS 61.40(2) (2) Program.

DHS 61.40(2)(a) (a) Sheltered employment and work activity shall include remunerative work including supervision and instruction in work tasks and observance of safety principles in a realistic work atmosphere. A realistic work atmosphere is most effectively provided within a community job site setting, whenever possible.

DHS 61.40(2)(a)1. 1. Work orientation shall be provided to encourage good work habits. It shall include proper care of equipment and materials, correct handling of tools and machines, good attendance, punctuality, and safe work practices. It shall afford disciplined interpersonal work tolerance and work pace consistent with the client’s potential.

DHS 61.40(2)(a)2. 2. The layout of work positions and the assignment of operations shall ensure the efficient flow of work and appropriate relationship of each operation to all other operations in its sequence with respect to the time required for its completion. The organization of work shall embody an awareness of safe practices and of the importance of time and motion economy in relation to the needs of individuals being served.

DHS 61.40(2)(a)3. 3. Information concerning health and special work considerations which should be taken into account in the assignment of clients shall be clearly communicated in writing to supervisory personnel.

DHS 61.40(2)(a)4. 4. Vocational counseling shall be available.

DHS 61.40(2)(b) (b) The agency offering sheltered employment or work activity, shall maintain provisions either within its parent organization or through cooperative agreements with the division of vocational rehabilitation or other job placing agencies, for the placement in regular industry of any of its clients who may qualify for such placement. Clients shall be informed of the availability of such services for placement in competitive industry.

DHS 61.40(2)(c) (c) The agency offering sheltered work or work activity shall maintain payroll sub-minimum wage certificates and other records for each client employed in compliance with the Fair Labor Standards Act.

DHS 61.40(2)(d) (d) The agency offering sheltered employment or work activity shall provide the client with effective grievance procedures.

DHS 61.40(2)(e) (e) The agency offering sheltered employment or work activity shall provide the clients with paid vacation, holidays and a minimum of 5 sick days per year.

DHS 61.40(2)(f) (f) Sheltered employment or work activity shall be provided as recommended in the service plan.

DHS 61.40(2)(g) (g) Appointed staff supervising the sheltered employment or work activity shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes.

DHS 61.40(2)(h) (h) Commission on accreditation of rehabilitation facilities (CARF) accreditation for sheltered employment or work activities may substitute for all except pars. (f) and (g).

DHS 61.40 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 20-068: am. (intro.) Register December 2021 No. 792, eff. 1-1-22.

DHS 61.41 DHS 61.41 Day care. Day care is clustered and coordinated sets of services provided to an individual with a developmental disability on a scheduled portion of a 24 hour day. Day care shall include at least 2 of the following: counseling, education, recreation, or training. It may also include any one or combination of the following: evaluation, transportation, treatment and personal care.

DHS 61.41(1) (1) Personnel.

DHS 61.41(1)(a) (a) There shall be a director who shall have the skills and knowledges typically acquired through a course of study leading to a bachelor’s degree in a human services field, with a minimum of 2 years’ supervisory or administrative experience in programming for the developmentally disabled.