Chapter DHS 82

DHS 82.03(5) (5) Exceptions to certification standards. The certifying agency may grant an exception to any requirement in this chapter except a resident right under s. DHS 82.10 if the sponsor requests the exception in writing and presents a convincing argument that the proposed exception will not jeopardize the health, safety or welfare of residents or violate the rights of residents. The certifying agency shall respond in writing to a request for an exception and shall send the department a copy of the request and its response. An exception may be granted only when strict enforcement would result in hardship for the sponsor, if the exception does not adversely affect the ability of the sponsor or the home to meet the resident’s needs and if the exception will not jeopardize the health, safety or welfare of residents or violate the rights of residents. Pursuant to the authority granted to the department in s. 50.02 (1), Stats., the department may, within 45 days following receipt of a certifying agency’s affirmative response to a request for exception, reverse or modify the exception. The department shall give written notice to the certifying agency and the sponsor of its decision to reverse or modify the certifying agency’s decision to grant the exception. Any exception cited in the approval may remain in effect for no longer than one year from the date of approval at which time the certifying agency shall determine if there is continued justification for the exception. The certifying agency may impose conditions or time limitations on an exception. Violation of the conditions under which the exception is granted constitutes a violation of these rules.

DHS 82.03(6) (6) Decertification.

DHS 82.03(6)(a) (a) The certifying agency, after giving written notice to the sponsor, may decertify an adult family home if the certifying agency finds that the sponsor has substantially and intentionally violated or does not comply with s. 50.032, Stats., or any provision of this chapter.

DHS 82.03(6)(b) (b) The notice under par. (a) shall include a clear and concise statement of the basis for decertification, including the specific requirements that have not been met or which have been violated and a notice of the opportunity for an administrative review under sub. (7) of the decertification decision.

DHS 82.03(7) (7) Administrative review. If an applicant or sponsor desires to contest a decision not to certify a home under sub. (3) or to decertify a home under sub. (6), the applicant or sponsor shall, within 15 calendar days after the date of the notice of the decision, submit to the certifying agency a written request for an administrative review of the decision. The request shall include the applicant’s or sponsor’s reason why he or she disagrees with the action. The administrator of the certifying agency or his or her designee shall review the facts and send a written decision to the applicant or sponsor and, if the certifying agency is not the department, to the department, within 30 calendar days after receipt of the request for review. If the certifying agency is not the department, the applicant or sponsor may, within 15 calendar days after the date of the certifying agency’s decision, submit to the department a written request for an administrative review of the applicant or sponsor’s original request and the certifying agency’s decision. The department shall review the facts and send a written decision to the applicant or sponsor and to the certifying agency within 45 calendar days after the receipt of the request for review. The department’s decision shall be final.

DHS 82.03 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; am. (2) (a), (7), r. and recr. (4) (a) and (b), Register, August, 2000, No. 536, eff. 9-1-00.

DHS 82.04 DHS 82.04 Sponsor qualifications.

DHS 82.04(1) (1) Age and ability. The sponsor and every substitute provider shall be at least 18 years of age and shall be physically, emotionally and mentally capable of providing responsible adult family home care.

DHS 82.04(2) (2) Personal qualifications. The sponsor and any substitute provider shall be persons who are responsible, mature and of reputable character, who exercise sound judgment and display the capacity to successfully care for developmentally disabled adults. An applicant for certification or a sponsor requesting renewal of certification shall provide any information requested by the certifying agency to assist in evaluating the applicant’s, sponsor’s or substitute provider’s character and qualifications. In assessing character and qualifications, the certifying agency may consider evidence of abuse or fraud, substantial or repeated violations of applicable or related statutes and rules in the applicant’s, sponsor’s or substitute provider’s operation of or employment in any care facility or service agency, or in the applicant’s, sponsor’s or substitute provider’s care of dependent persons, and conviction within the previous 5 years of a crime substantially related to caring for a dependent population.

DHS 82.04(3) (3) Financial security. The sponsor shall present evidence of having or having access to sufficient financial reserves to meet the needs of all residents and of all members of the household for whom the sponsor is financially responsible and to ensure the adequate functioning of the home for a period of at least 30 days without receiving payment for the care of any resident.

DHS 82.04(4) (4) Health.

DHS 82.04(4)(a) (a) The sponsor and any substitute provider shall be in good health. Each applicant for initial certification or for recertification shall submit a statement from a physician certifying that a physical examination was completed and that the applicant does not have an illness or condition that would threaten the health, safety or welfare of residents or interfere with the person’s capacity to provide care. The statement from a physician may not be dated more than 2 years prior to the date of the application. A statement from a physician which is contained in the applicant’s children’s foster home records and released by the applicant to the certifying agency may be substituted for the statement required in this paragraph.

DHS 82.04(4)(b) (b) If the certifying agency suspects or has reason to believe that the applicant, sponsor, substitute provider or other household member may pose a threat to the health, safety or welfare of residents, the certifying agency may require a physical examination, an alcohol or drug abuse assessment or a mental health evaluation of the person as a condition of initial or continued certification.

DHS 82.04(5) (5) Vehicle liability insurance. An applicant or sponsor who plans to transport residents in his or her vehicle shall provide the certifying agency with documentation of current automobile liability insurance coverage. The sponsor shall maintain that coverage in force.

DHS 82.04(6) (6) Training.

DHS 82.04(6)(a) (a) Except as provided in pars. (c) and (d), the sponsor shall be enrolled in or have completed 8 hours of department-approved training related to the health, safety, welfare, rights and treatment of developmentally disabled residents during the first year after initial certification.

DHS 82.04(6)(b) (b) Except as provided in pars. (c) and (d), the sponsor shall be enrolled in or have completed 12 hours of department-approved training related to health, safety, welfare, rights and treatment of developmentally disabled residents every 2 years beginning with the second year of certification.

DHS 82.04(6)(c) (c) The certifying agency may require the sponsor to obtain training in amounts that exceed the minimum amounts required in pars. (a) and (b) and on particular topics that ensure that the sponsor is capable of protecting and promoting resident health, safety and welfare.

DHS 82.04(6)(d) (d) The certifying agency may approve alternatives to the training requirements in pars. (a) and (b) if the sponsor requests a waiver and the certifying agency determines that:

DHS 82.04(6)(d)1. 1. The person has successfully completed substantially similar or related training;

DHS 82.04(6)(d)2. 2. The person has successfully completed course work or an academic degree program related to the care, maintenance and treatment of developmentally disabled persons or other persons in need of care, maintenance or treatment; or

DHS 82.04(6)(d)3. 3. The person has acquired substantial and up-to-date knowledge concerning care, maintenance and treatment and health, safety, welfare and rights of persons with developmental disabilities through prior experience as a care provider in licensed or certified programs which are substantially similar to adult family homes.

DHS 82.04 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; am. (4) (b) and (5), Register, August, 2000, No. 536, eff. 9-1-00.

DHS 82.05 DHS 82.05 Home.

DHS 82.05(1) (1) Location and access to the community. Adult family homes shall be physically located so that residents can easily get to community activities and supportive services by walking or by means of convenient private or public transportation, or the sponsor shall ensure that residents receive the assistance necessary to enable them to get to these activities and services.

DHS 82.05(2) (2) Resident access to the home and within the home. The adult family home shall be physically accessible to all residents of the home. Residents shall be able to easily enter and exit the home, to get to their sleeping rooms and to all common living areas in the home and to easily move about in the home.

DHS 82.05(3) (3) Home environment.

DHS 82.05(3)(a) (a) The adult family home shall be safe, clean and well maintained and shall provide a humane and homelike environment.

DHS 82.05(3)(b) (b) The home shall be free from hazards and kept uncluttered and free of dangerous substances, insects and rodents.

DHS 82.05(3)(c) (c) The home shall have adequate, safe and functioning heating, hot and cold water, fire protection, electrical, plumbing, sewerage and lighting systems.

DHS 82.05(3)(d) (d) The home shall have adequate and functioning support services, including refuse removal and access to laundry facilities.

DHS 82.05(3)(e) (e) The home shall have adequate ventilation. There shall be at least one window which is capable of being opened to the outside in each resident sleeping room and each common room used by residents. Windows used for ventilation shall be screened during appropriate seasons of the year.

DHS 82.05(3)(f) (f) The home shall have sufficient space to accommodate all household activities and members comfortably as follows:

DHS 82.05(3)(f)1. 1. There shall be distinct living and sleeping areas separated by permanent solid walls;

DHS 82.05(3)(f)2. 2. There shall be at least one bathroom with at least one sink, stool and shower or tub for every 8 household members and sufficient towel rack space for each household member. The door of each bathroom shall have a lock which can be opened from the outside in an emergency;

DHS 82.05(3)(f)3. 3. A resident’s bedroom shall provide comfort and privacy, shall have a swing door or a pocket door which is stored in a wall when opened, and may accommodate no more than 2 persons. No residents may regularly sleep in a basement bedroom or in a bedroom above the second floor of a single family dwelling unless there are 2 exits to the grade from that floor level. The bedroom shall have a floor area of at least 60 square feet per occupant. An exception under s. DHS 82.03 (5) to this standard is not permitted unless all of the following apply:

DHS 82.05(3)(f)3.a. a. The resident occupied the space for which the exception is requested when the home was licensed under s. 48.62, Stats., and ch. DCF 56;

DHS 82.05(3)(f)3.b. b. There is no alternative space in the home that meets these requirements and the exception is necessary to retain the resident’s placement;

DHS 82.05(3)(f)3.c. c. Any adult resident for whom the exception is requested has not replaced a former resident on a permanent basis;

DHS 82.05(3)(f)3.d. d. Any resident for whom the exception is requested and that person’s guardian, if any, has been informed by the service coordinator of alternative placements available at the time the sponsor requests the exception and consents to a floor area of less than 60 square feet in order to retain this placement; and

DHS 82.05(3)(f)3.e. e. The service coordinator and administrator of the county agency that employs or contracts with the service coordinator approve the exception.

DHS 82.05(3)(f)4. 4. A resident’s bedroom may not be used by anyone else to get to any other part of the home except for access to an additional bathroom which is not required to meet the standard under subd. 2.;

DHS 82.05(3)(f)5. 5. There shall be sufficient space and equipment in the kitchen for the sanitary preparation and storage of food;

DHS 82.05(3)(f)6. 6. The dining room or area shall be large enough so that all household members may dine together; and

DHS 82.05(3)(f)7. 7. Each resident shall be provided conveniently located individual storage space sufficient for hanging clothes and for storing clothing, toilet articles and other personal belongings.

DHS 82.05(3)(g) (g) The home shall have clean, functioning and safe household items and furnishings, including:

DHS 82.05(3)(g)1. 1. A separate bed for each resident. The bed shall be clean, in good condition and of proper size and height for the comfort of the resident; and

DHS 82.05(3)(g)2. 2. Appropriate bedding and linens that are maintained in a clean condition.

DHS 82.05(3)(h) (h) The home shall provide for physical and emotional privacy for each resident. Under this paragraph, “physical and emotional privacy” means reasonable privacy in toileting and bathing; keeping and using personal clothing and possessions; having reasonable privacy in one’s room, or in other personally assigned areas; and being free from searches of personal belongings without the resident’s permission or permission of the resident’s guardian, unless the sponsor has reasonable cause to suspect that the resident possesses items which are illegal or prohibited by the sponsor and the resident is present during the room search.

DHS 82.05(3)(i) (i) Residents shall be permitted to choose individual room decorations within reason.

DHS 82.05(4) (4) Fire safety.

DHS 82.05(4)(a) (a) Every adult family home shall be equipped with one or more fire extinguishers on each floor. Each required fire extinguisher shall have a minimum 2A, 10-B-C rating. All required fire extinguishers shall be mounted. A fire extinguisher is required at the head of each stairway and in or near the kitchen except that a single fire extinguisher located in close proximity to the kitchen and the head of a stairway may be used to meet the requirement for an extinguisher at each location. Each required fire extinguisher shall be maintained in readily usable condition and shall be inspected annually by the certifying agency.

DHS 82.05(4)(b) (b)

DHS 82.05(4)(b)1. 1. Every adult family home shall be equipped with one or more single station battery operated, electrically interconnected or radio signal emitting smoke detectors on each floor level. Required smoke detectors shall be located at the head of each open stairway, at the door leading to every enclosed stairway, on the ceiling of the living or family room and on the ceiling of each sleeping room in which smoking is allowed.

DHS 82.05(4)(b)2. 2. The sponsor shall maintain each required smoke detector in working condition and test each smoke detector periodically to make sure that it is operating. The sponsor shall immediately repair or replace any unit found to be not operating.

DHS 82.05(4)(c) (c) The first floor of the home shall have at least 2 means of exiting which provide unobstructed access to the outside.

DHS 82.05(4)(d) (d) The sponsor shall have a written plan for the immediate and safe evacuation of the home in the event of a fire. The plan shall identify an external meeting place.

DHS 82.05(4)(e) (e) The sponsor shall review the fire safety evacuation plan with each new resident immediately following placement and shall conduct semi-annual fire drills with all household members.

DHS 82.05(4)(f) (f) The sponsor shall report to the certifying agency within 72 hours after the event the occurrence of a fire in the home which required the assistance of the fire department.

DHS 82.05(5) (5) Telephone. The home shall have at least one telephone in working order which does not require a coin to operate. Residents shall have reasonable access to a phone and be permitted to make any call which they wish and can afford. Emergency telephone numbers, including numbers for the fire department, police, hospital, physician, poison control center and ambulance, shall be located on or near each telephone.

DHS 82.05(6) (6) Household pets. The home shall maintain vaccinations on pets that are vulnerable to rabies. Pets that pose a threat or hazard to the health, safety or well-being of household members are prohibited.

DHS 82.05 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (3) (f) 3. a. made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; correction in (3) (f) 3. a. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 82.06 DHS 82.06 Placement.

DHS 82.06(1) (1) New resident. When an adult resident leaves an adult family home on a permanent basis, he or she may be replaced by another adult who is developmentally disabled.

DHS 82.06(2) (2) Information about the adult family home.

DHS 82.06(2)(a) (a) The certifying agency shall provide a prospective resident and that person’s guardian, service coordinator and referring agency with copies of this chapter upon request and information about any adult family home where a resident has left on a permanent basis and where the sponsor wants the former resident to be replaced. The information about the home shall include any records of previous violations of any rule of which the certifying agency is aware and any complaints made by or on behalf of residents concerning these rules or ch. DHS 94.

DHS 82.06(2)(b) (b) The sponsor shall ensure that a prospective resident who is seeking to replace a former resident on a permanent basis is given the opportunity to meet residents and spend time at the home before entering into the agreement for services under sub. (3). This may include visits during the day and overnight stays in the home.

DHS 82.06(2)(c) (c) The sponsor shall give at least 30 days written notice to the resident, the resident’s guardian, if any, and to all other parties involved in the service agreement under sub. (3) if the sponsor intends to change the amount or mode of payment.

DHS 82.06(2m) (2m) Family care information and referral. If the secretary of the department has certified that a resource center, as defined in s. DHS 10.13 (42), is available for the home under s. DHS 10.71, an adult family home shall provide information to prospective residents and refer residents and prospective residents to an aging and disability resource center as required under ss. 50.034 (5m) to (5n) and (8), 50.035 (4m) to (4n) and (11), and 50.04 (2g) to (2h), Stats., and s. DHS 10.73.

DHS 82.06(3) (3) Agreement for services.

DHS 82.06(3)(a) (a) No resident may be placed in a home or continue in a placement unless the prospective or current resident, the resident’s guardian, if any, and the sponsor consent or have consented in writing to the placement. The written consent shall be made part of the service agreement.

DHS 82.06(3)(b) (b) The sponsor shall ensure that a written agreement for each resident placed in the home is developed and kept up to date by the service coordinator, referring agency, sponsor or the department. If the referring agency or service coordinator does not develop the service agreement in accordance with this subsection and the sponsor is unable to develop it, the sponsor shall immediately notify the certifying agency and the department that the resident is placed in the home and lacks an up-to-date service agreement. A current resident may continue in the placement for an additional 90 days until the department can arrange for or develop the service agreement.

DHS 82.06 Note Note: If a resident does not have a service agreement, the sponsor should notify the director of the Developmental Disabilities Office, Bureau of Community Programs, Division of Community Services, P.O. Box 7851, Madison, WI 53707 [phone].

DHS 82.06(3)(c) (c) The parties to an agreement shall include the resident, the resident’s guardian, if any, the sponsor, the referring agency and the service coordinator.

DHS 82.06(3)(d) (d) The agreement shall be completed by the end of the seventh day after a new resident enters the home or within 30 days after initial certification for each current resident, shall be signed by and a copy given to all persons listed in par. (b), shall contain the date on which it was signed and an expiration date which may not be more than 12 months from the date on which it was signed and shall be reviewed and updated when it expires. After the seventh day for a new resident and after 30 days following initial certification for a current resident, no resident may maintain his or her placement unless there is an up-to-date service agreement except as provided in par. (b).

DHS 82.06(3)(e) (e) In addition to the written consent required in par. (a), the service agreement shall include:

DHS 82.06(3)(e)1. 1. Designation of a service coordinator who shall ensure that needed services provided by the sponsor and outside agencies are arranged and monitored;

DHS 82.06(3)(e)2. 2. The individualized service plan under sub. (5);

DHS 82.06(3)(e)3. 3. A description of the roles, responsibilities and expectations of the sponsor in providing the services that are specified in the individualized service plan under sub. (5), of the resident entering or residing in the home and of the referring agency or service coordinator providing assistance to the resident or sponsor, including whether the service coordinator is responsible for developing, monitoring and updating the service agreement and individualized service plan;

DHS 82.06(3)(e)4. 4. The amount, source and method of payment for providing care and maintenance to the resident of the home, specifying any costs for which the resident will be liable and whether the service coordinator agrees to be responsible for meeting the financial security requirement under s. DHS 82.04 (3). If the service coordinator is responsible for financial security, the agreement shall describe how resources will be made available to the sponsor in the event that payments to the sponsor for resident are not received;

DHS 82.06(3)(e)5. 5. A statement about who will exercise control over the resident’s funds, which shall be a decision of the resident or the resident’s guardian, if any, and whether or not those funds will be maintained in a bank account. If the sponsor agrees to exercise control over the resident’s funds, the sponsor shall deposit resident funds in a separate bank account opened for the resident if the balance of the resident’s personal funds exceed $200, shall keep records that account for the receipt and expenditure of all of the resident’s funds which the sponsor controls, including any interest or dividends earned, and shall provide the resident or the resident’s guardian, if any, with an accounting of the resident’s funds on request;

DHS 82.06(3)(e)6. 6. A statement that the sponsor shall give at least 30 days written notice to all parties involved if the sponsor wants to terminate the placement, change the services or change the charges for services;

DHS 82.06(3)(e)7. 7. A description of any personal housekeeping the resident will be required to perform or, if applicable, any compensated work the resident has agreed to do for the sponsor, including the terms of compensation. A resident shall be allowed to refuse work other than personal housekeeping. In this subdivision, “personal housekeeping” means the performance of routine housekeeping and household tasks in areas of the home assigned to the resident or in areas used communally in proportion to the amount of resident use if equitably distributed among all household members capable of performing the necessary tasks. This may include cleaning of common areas, doing the laundry, shoveling snow, cooking, washing dishes and taking care of the lawn;

DHS 82.06(3)(e)8. 8. A statement that the resident’s rights and the grievance process under s. 51.61, Stats., and ch. DHS 94 have been explained to the resident and to the resident’s guardian, if any; and

DHS 82.06(3)(e)9. 9. A statement which identifies whether the sponsor, service coordinator, referring agency or county agency is responsible for each of the following functions;

DHS 82.06(3)(e)9.a. a. Obtaining informed consent as required under s. DHS 94.03;

DHS 82.06(3)(e)9.b. b. Notifying residents of their rights under this chapter and ch. DHS 94; and

DHS 82.06(3)(e)9.c. c. Maintaining a grievance procedure which conforms to s. DHS 94.27.

DHS 82.06(4) (4) Health assessment.