DCF 57.485(4)(a) (a) An applicant or a party adversely affected by a determination issued under sub. (3) may request an administrative hearing under s. 227.42, Stats., from the department of administration’s division of hearings and appeals by submitting a written request for hearing to that office so that it arrives there within 30 days after the date of the notice under sub. (3).

DCF 57.485(4)(b) (b) The standard of review for the hearing shall be whether the record contains the quantity and quality of evidence that a reasonable person could accept as adequate to support the decision.

DCF 57.485 Note Note: 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 [phone]. A copy of the request should be sent to Department of Children and Families, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53703-8916.

DCF 57.485 History History: EmR1034: emerg. cr., eff. 9-2-10; CR 10-105: cr. Register July 2012 No. 679, eff. 8-1-12; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register September 2016 No. 729.

DCF 57.49 DCF 57.49 License application.

DCF 57.49(1) (1) Except as provided in sub. (3), a person who wishes to operate a group home shall submit to the department an application signed as specified in sub. (2) at least 60 days before the date proposed to begin operating the group home. The application shall be made on the department’s form CFS 375 and shall be accompanied by all of the following:

DCF 57.49(1)(a) (a) The license fee required under s. 48.625 (2) (a), Stats.

DCF 57.49(1)(am) (am) A certification of need issued by the department under s. DCF 57.485 (3) (b).

DCF 57.49(1)(b) (b) A completed background information disclosure form which shall be completed and signed as follows:

DCF 57.49(1)(b)1. 1. If the applicant is one or more individuals, a background information disclosure form shall be completed and signed by each individual applicant and each household member who is 10 years old or older.

DCF 57.49(1)(b)2. 2. If the applicant is a corporation or an agency, a background information disclosure form shall be completed and signed by an authorized representative.

DCF 57.49(1)(c) (c) Inspection reports verifying that the proposed group home’s physical structure, electrical, heating and plumbing systems have been inspected and are in safe operating condition according to applicable industry standards.

DCF 57.49(1)(d) (d) Documentation of efforts to establish and maintain the community advisory committee as required under s. DCF 57.45 (2).

DCF 57.49(1)(e) (e) Payment of any forfeitures, fees, assessments related to any licenses issued by the department to the applicant, or a written statement signed by an authorized representative stating that no fees, forfeitures, assessments are owed.

DCF 57.49(1)(f) (f) Proof of the insurance required under s. DCF 57.08.

DCF 57.49(1)(g) (g) A copy of the personnel policies required under s. DCF 57.17 (1) and any revisions as appropriate.

DCF 57.49(1)(h) (h) A copy of the group home’s policies and procedures required under s. DCF 57.05.

DCF 57.49(1)(i) (i) If the applicant for licensure is a corporation, proof of incorporation or authorization to do business in Wisconsin, as required under s. DCF 57.52.

DCF 57.49(1)(im) (im) A proposed per client rate that each group home will charge for services provided in the current year and a proposed budget with the same cost categories as the department’s cost and service report under s. DCF 57.62 (1) (a).

DCF 57.49(1)(j) (j) Any other information requested by the department.

DCF 57.49 Note Note: A copy of the application form CFS 375 may be requested in writing or by phone from the appropriate field office listed in Appendix A. The completed application and license fee should be returned to the field office from which the application was received.

DCF 57.49(2) (2) If an applicant for licensure is an agency or corporation, an authorized representative of the agency or corporation as applicable shall sign the application. If the applicant for licensure is one or more individuals, the application shall be signed by each individual.

DCF 57.49(3) (3) A licensee applying for a license for an additional group home location shall be in compliance with this chapter in the operation of the existing group home and in compliance with regulations for any other facility licensed by the department and operated by the licensee. Any forfeitures due under s. 48.715, Stats., on other facilities licensed by the department shall be paid before the issuance of an additional license.

DCF 57.49(4) (4) Except as provided in s. DCF 57.50 (3), the department may not process an application for a license from a person who is prohibited from licensure under s. DCF 57.50 or who meets the conditions under s. 48.715 (5), Stats., if the applicant has had a license or certification to operate a group home revoked or denied within the last 2 years before the date of the application. A person is deemed ineligible to submit an application for a license within 2 years from the date the person had a group home license revoked or denied.

DCF 57.49 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (b), (d), (f) to (i) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (1) (im), eff. 9-16-11; CR 11-026: cr. (1) (im), correction in (1) (im) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1034: emerg. cr. (1) (am), eff. 9-2-10; CR 10-105: cr. (1) (am) Register July 2012 No. 679, eff. 8-1-12; correction in (1) (b) (intro.), 2. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729.

DCF 57.50 DCF 57.50 Licensure prohibited.

DCF 57.50(1) (1) The department shall not license a person if any one of the following circumstances exists:

DCF 57.50(1)(a) (a) The department has received certification pursuant to s. 49.857 (2), Stats., that the applicant or licensee has failed to pay court-ordered payments of child or family support or expenses related to the support of a child or former spouse or has failed to comply with a subpoena or warrant by the department of or a county child support agency related to paternity or child support proceedings.

DCF 57.50(1)(b) (b) The department has received certification pursuant to s. 73.0301, Stats., from the department of revenue certifying that the applicant or licensee has a delinquent tax liability.