DCF 52.61(5)(d) (d) Information that supports the probability that a new or expanded center will be used by Wisconsin placement resources, and that an expanded center will attain and maintain an average monthly occupancy rate of 80% or more over the first 2 years of operation and that a new center will have an average monthly occupancy rate of not less than 80% at the end of the second year.

DCF 52.61 Note Note: The documents and information required by the Department to make a determination of need should be sent to the Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708.

DCF 52.61(6) (6) Publication of notice — party status.

DCF 52.61(6)(a) (a) Upon receipt of the documents and information listed in sub. (5), the department shall publish a class 2 notice under ch. 985, Stats., in the official state newspaper designated under s. 985.04, Stats., and in a newspaper likely to give notice in the area of the proposed center. The notice shall include a statement that the department has received an application for a certificate of need to operate a new residential care center or to expand the bed capacity of an existing residential care center. The notice shall also include the number of additional beds, the geographic area to be served, the types of young people to be accepted for care, the services to be provided and program objectives.

DCF 52.61(6)(b) (b) The notice shall invite the submission of written comments, factual data and reasons why the application should be granted or denied from any person within 30 days after the publication of the notice. The notice shall advise persons submitting written comments to indicate their interest in the application and whether the individual commentator wants to be considered for party status in any later proceedings.

DCF 52.61(7) (7) Need determination.

DCF 52.61(7)(a) (a) Evaluation procedures.

DCF 52.61(7)(a)1. 1. The department shall review the applicant’s documents and information for completeness and may ask the applicant for additional materials or information that the department considers necessary for evaluation purposes.

DCF 52.61(7)(a)2. 2. Except as provided under subd. 3., the administrator of the department’s division of safety and permanence or a designee shall make the need determination decision based on the following criteria:

DCF 52.61(7)(a)2.a. a. The compatibility of the applicant’s proposed plan of operation or expansion with the stated treatment goals for the program.

DCF 52.61(7)(a)2.b. b. The validity of the research methodology used to document need for the proposed program.

DCF 52.61(7)(a)2.c. c. The congruence of the conclusions reached in the applicant’s needs research with department data on current county placement needs and available beds in existing residential care centers for children and youth providing similar services.

DCF 52.61(7)(a)2.d. d. The correctness of the applicant’s contention that the proposed center is more appropriate than less restrictive care arrangements for children.

DCF 52.61(7)(a)2.e. e. The applicant’s documentation supporting the argument that existing Wisconsin residential care centers for children and youth are not adequate to meet the needs of Wisconsin children who require the type or types of care and treatment services the applicant proposes to provide.

DCF 52.61(7)(a)2.f. f. The applicant’s documentation of the probability that the center, if expanded, will attain and maintain an average monthly occupancy rate of at least 80% for the first 2 years of operation or, if new, will attain an average monthly occupancy rate of at least 80% at the end of the second year of operation.

DCF 52.61(7)(a)3. 3. An application for expansion of an existing residential care center for children and youth by 3 or fewer additional beds shall be presumed to meet the criterion under subd. 2. d. unless at least one of the following is true:

DCF 52.61(7)(a)3.a. a. The center submitted another application for expansion of bed capacity in the previous 2 years and that application was approved.

DCF 52.61(7)(a)3.b. b. There is clear and convincing evidence that the criteria under subd. 2. have not been met.

DCF 52.61(7)(b) (b) Notice of determination.

DCF 52.61(7)(b)1. 1. Within 90 calendar days after the date on which all required documents and information were received from an applicant, the department shall send written notice of its determination of need to the applicant and to anyone who commented under sub. (6) (b) on the application. The notice shall state the specific reason for the determination.

DCF 52.61(7)(b)2. 2. If the department determines that there is need for additional beds, the notice shall be accompanied by the department’s certification that a need exists for the proposed new placement resources which entitles the person to apply for a license to operate a new center or to apply for an amended license that will permit the addition of beds at an existing center.

DCF 52.61(7)(b)3. 3. The duration of the approval under subd. 2. shall be limited to 18 months from the date that it is issued, except that the department may grant one 6-month extension if the approved applicant has a good reason for the delay in becoming operational and documents to the satisfaction of the department that it will be operational within that 6-month period. Any request for extension shall be filed before expiration of the initial 18-month period. If the proposed center is not operational during that 18-month time period, or the extended period, the need determination shall be considered invalid and the approval shall be cancelled. In this subdivision, “operational” means in regard to a new center that the center has been licensed under s. DCF 52.62 and that all approved beds meet requirements for operation, and in regard to expansion of an existing center that all additional beds meet requirements for operation and the center is licensed under s. DCF 52.62 to operate with the additional beds. An acceptable reason for an extension under this subdivision shall include unforeseen delay in obtaining adequate financing approval, in staffing or in construction.

DCF 52.61(7)(c) (c) Appeal.

DCF 52.61(7)(c)1. 1. An applicant or a party adversely affected by a determination issued under par. (b) 1. 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 par. (b).

DCF 52.61(7)(c)2. 2. 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 52.61 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 52.61 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (4) and (7) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. am. (7) (a) 2. c. to e., eff. 8-1-14; CR 14-054: am. (1), (7) (a) 2. c. to e. Register April 2015 No. 712, eff. 5-1-15; CR 21-107: am. (7) (a) 2. (intro.) Register June 2022 No. 798, eff. 7-1-22.

DCF 52.62 DCF 52.62 Licensing administration.

DCF 52.62(1) (1) General conditions for approval of license. An applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due and owing prior to receiving a license. The department shall issue a residential care center license to an applicant within 60 days based upon receipt and department approval of a properly completed application and a department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violation of statutes or regulations of the United States, this state, or any other state or other offenses substantially related to the care of children or adults by the applicant, owner, manager, representative, employee, center resident, or other individual directly or indirectly participating in the operation of the residential care center. This includes substantiated findings by a county social services or human services department of child abuse or neglect under s. 48.981, Stats., or substantiated reports of abuse of residents or patients under ch. 50, Stats., whether or not it results in criminal charges or convictions.