Chapter DCF 21

RE-ENTRY INTO OUT-OF-HOME CARE FOR YOUTH 18 YEARS OF
AGE OR OVER, BUT UNDER 21 YEARS OF AGE

DCF 21.01   Purpose.

DCF 21.02   Definitions.

DCF 21.03   Eligibility.

DCF 21.04   Youth’s request to re-enter out-of-home-care and agency determination.

DCF 21.05   Voluntary transition-to-independent-living agreement.

DCF 21.06   Placement and supervision.

DCF 21.07   Termination.

DCF 21.08   Appeal rights.

DCF 21.09   Reapplication following denial or termination.

DCF 21.01 DCF 21.01 Purpose. This chapter provides conditions and procedures for re-entry into out-of-home care for youth under ss. 48.366 and 938.366, Stats.

DCF 21.01 History History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.02 DCF 21.02 Definitions. In this chapter:

DCF 21.02(1) (1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals.

DCF 21.02(2) (2) “Agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department; or the department of corrections.

DCF 21.02(3) (3) “Aging out” means, except as provided under ss. 48.368 and 938.368, Stats., a youth is discharged from out-of-home care due to termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., made before the youth reaches 18 years of age that places or continues the placement of the youth in out-of-home care; termination of a voluntary transition-to-independent-living agreement; or termination of a voluntary placement agreement on the date of any of the following:

DCF 21.02(3)(a) (a) The date that the youth reaches 18 years of age.

DCF 21.02(3)(b) (b) The date that the youth is granted a high school or high school equivalency diploma or the date on which the child reaches 19 years of age, whichever occurs first, if the youth is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age.

DCF 21.02(3)(c) (c) The date that a youth who is 18 years of age or over makes a decision to leave out-of-home care and the order is dismissed, the voluntary-transition-to-independent-living agreement is terminated, or the voluntary placement agreement is terminated.

DCF 21.02(3)(d) (d) The date of termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., that provides for termination one year or less after the date on which the order was entered.

DCF 21.02(4) (4) “Division of hearings and appeals” means the division of hearings and appeals within the department of administration.

DCF 21.02(5) (5) “Foster home” means any facility operated by a person licensed under s. 48.62 (1), Stats., and ch. DCF 56.