DCF 57.56(2m)(a)(a) If the department determines not to grant a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision. Revocation of a license shall take effect either immediately upon notification or 30 days after the date of the notice unless the decision is appealed under s. DCF 57.58. Whether the revocation shall take effect immediately upon notification or 30 days after the date of the notice shall be determined in accordance with the criteria found under s. 48.715 (4m) (a) and (b), Stats.

DCF 57.56(2m)(b)(b) Upon receipt of the notice of revocation, and during any revocation proceedings that may result, the licensee may not accept for care any child not enrolled as of the date of receipt of the notice without written approval of the department’s licensing representative.

DCF 57.56 HistoryHistory: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (a) 3., 5., (2) and (2m) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-026: cr. (1) (c) Register December 2011 No. 672, eff. 1-1-12; correction in (1) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729.

DCF 57.57(1)(a)(a) The department may close a group home by summarily suspending a regular or probationary license if the department believes the action is required to protect the health safety, and welfare of residents. Reasons for summary suspension include all of the following:

DCF 57.57(1)(a)1.1. Failure of the licensee to maintain or restore environmental protection for the residents, such as heat, water, electricity or telephone service.

DCF 57.57(1)(a)2.2. The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the group home that directly threatens the health, safety or welfare of any child under the care of the licensee.

DCF 57.57(1)(a)3.3. The licensee, an employee, a volunteer or any other person in regular contact with the residents in care has been convicted of, or has a pending charge for a crime against life or a crime of bodily injury.

DCF 57.57(1)(a)4.4. A licensee, staff member, volunteer or any other person in regular contact with the residents in care is the subject of a current investigation for alleged child abuse or neglect under s. 48.981, Stats.

DCF 57.57(1)(b)(b) Notice of summary suspension of a license may be written or verbal and shall specify the reason for the department action and the date the action becomes effective.

DCF 57.57(2)(2) If the department determines that circumstances which caused the action in sub. (1) require the immediate relocation of the residents, the department shall order the licensee orally and in writing to relocate the residents to suitable housing and to notify for each resident, the placing agency and parent or guardian within 24 hours after relocating the resident into that housing.

DCF 57.57(3)(3) Within 72 hours after the order in sub. (1), the department shall either permit the reopening of the group home or proceed to revoke the group home’s license.

DCF 57.57(4)(4) The division of hearings and appeals shall hold a preliminary hearing within 10 working days after the effective date of the order in sub. (1) to determine if the license should remain suspended during revocation proceedings. The division of hearings and appeals shall give written notice of the hearing to the licensee and the department.

DCF 57.57 HistoryHistory: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.58(1)(1) Except as provided in subs. (3) and (4), a department decision to deny, refuse to renew, or revoke a license or to issue an order or decision affecting the licensee under s. 48.64 or 48.715, Stats., may be reviewed under ch. 227, Stats.

DCF 57.58(2)(2) A request for a hearing shall be in writing and submitted to the department of administration’s division of hearings and appeals. The request for a hearing shall be sent to the 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 57.58 NoteNote: 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 (608) 264-9885. A copy of the request should be sent to the appropriate field office listed in Appendix A.

DCF 57.58(3)(3) An appeal of a denial or revocation based on a certification by the department of failure to pay court-ordered payments of support or failure to comply with a subpoena or warrant issued by the department shall be filed pursuant to s. 49.857, Stats.

DCF 57.58(4)(4) An appeal of a denial, refusal to renew or revocation of a license based on a certification of tax delinquency from the department of revenue shall be filed within 30 days after the date on which the notice of denial, refusal to renew, or revocation as required under s. 73.0301 (2) (b) 1. b., Stats.

DCF 57.58 HistoryHistory: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1106: emerg. am. (3), eff. 9-16-11; CR 11-026: am. (3) Register December 2011 No. 672, eff. 1-1-12; EmR1633: emerg. am. (2), eff. 11-18-16; CR 16-051: am. (2) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.59DCF 57.59 Complaints. Any person having a complaint about a licensed group home or a group home operating without a license may submit that complaint to the department by telephone, facsimile, electronic mail, letter or personal interview. A department licensing representative shall investigate each complaint. The department shall send a written report of the findings of that investigation to the complainant upon request.

DCF 57.59 NoteNote: A complaint should be sent, phoned or delivered to the regional field office listed in Appendix A that serves the group home.