subch. VI of ch. DCF 57 Subchapter VI — Licensing and Enforcement

DCF 57.45 DCF 57.45 Group home location.

DCF 57.45(1) (1) A person who operates a group home shall be licensed by the department pursuant to this chapter and s. 48.625, Stats. Only one group home license may be issued for any one location.

DCF 57.45(2) (2) For each location proposed for licensure by an applicant in sub. (1), the individual, corporation, or agency as applicable shall make a good faith effort to establish and maintain a community advisory committee as specified in s. 48.68 (4), Stats.

DCF 57.45 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.46 DCF 57.46 Other licenses and uses. Upon licensure, a licensee may not accept any other license, including a child welfare or child care license, perform a service, or conduct a business on the premises, or combine group home activities with any service or business owned or operated by the licensee without the written approval of the department.

DCF 57.46 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.47 DCF 57.47 Group home capacity limits. The combined total of the number of residents residing in a family-operated group home and the number of children of the licensee shall not exceed 10.

DCF 57.47 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.48 DCF 57.48 General conditions for approval of application.

DCF 57.48(1) (1) Any person licensed to operate a group home shall be a responsible, mature individual who is fit and qualified.

DCF 57.48 Note Note: The term “fit and qualified” is defined in s. DCF 57.04 (15) to mean displaying the capacity to successfully nurture and care for children and shall not include a history of a civil action, criminal conviction or administrative rule violation that substantially relates to the care of a child; a history of exercising unsound judgment; or abuse of alcohol or drugs. For help in determining whether a civil action, criminal conviction, or administrative rule violation substantially relates to the care of children, consult s. DCF 12.06..

DCF 57.48(1m) (1m) In determining whether an applicant is fit and qualified, the department may consider any of the circumstances in ss. DCF 57.50 (1), 57.56 (1), and 57.57 (1) (a) by an owner, agent, staff member, household member, or other individual directly or indirectly participating in the operation of the group home.

DCF 57.48(2) (2) If the department has reason to believe that the physical health or mental health of an applicant, licensee, or household member may endanger a resident, the department may issue a denial or revocation of the license or may require that a written statement be submitted by a physician, or if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the group home or the residents in care.

DCF 57.48 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.485 DCF 57.485 Determination of need.

DCF 57.485(1) (1) Need determination before license application. No person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources.

DCF 57.485(2) (2) Documentation of need. An applicant for a determination of need under sub. (1) shall submit all of the following documents to the department:

DCF 57.485(2)(a) (a) A statement of support by one or more counties, the division of Milwaukee child protective services, or the department of corrections stating that the proposed additional placement resources are needed.

DCF 57.485(2)(b) (b) A detailed description of the why there is a need for this particular group home and any facts that support the applicant’s assertion for that need.

DCF 57.485(2)(c) (c) A detailed plan for the operation of the proposed group home that includes all of the following:

DCF 57.485(2)(c)1. 1. The number, sex, and age range of the children to be served.

DCF 57.485(2)(c)2. 2. The type of needs or disabilities of children to be served.

DCF 57.485(2)(c)3. 3. Number of staff listed by job title, degree or certification, and full-time or part-time status.

DCF 57.485(2)(c)4. 4. A description of the proposed program and treatment goals.

DCF 57.485(2)(c)5. 5. The location of the group home and a drawing of the layout of the physical plant.

DCF 57.485 Note Note: Send the determination of need documentation to the Department of Children and Families, Bureau of Permanence and Out-of-Home Care, Child Welfare Licensing Section, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

DCF 57.485(3) (3) Department determination.

DCF 57.485(3)(a) (a) The department shall review an applicant’s documents for completeness and may ask the applicant for additional information that the department considers necessary to make the determination of need.