Ch. DHS 82 NoteNote: Chapter HSS 82 was renumbered ch. HFS 82 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, August, 2000, No. 536. Chapter HFS 82 was renumbered to chapter DHS 82 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 82.01(1)(1) Authority and purpose. This chapter is promulgated under the authority of s. 50.02 (2) (am) 1., Stats., to establish certification standards for the operation of adult family homes in order to protect and promote the health, safety and welfare of persons residing in and receiving care and maintenance in these homes.

DHS 82.01(2)(2) Applicability. This chapter applies to the department, county certifying agencies and contracted certifying agencies and adult family home sponsors and substitute providers.

DHS 82.01 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; emerg. am. (1), eff. 6-1-95; am. (1), Register, January, 1996, No. 481, eff. 2-1-96.

DHS 82.02(1)(1) “Activities of daily living” means:

DHS 82.02(1)(a)(a) Activities relating to the performance of self care and engaging in leisure or recreational activities. “Self care” includes dressing, eating, bathing, grooming, toileting, mobility, object manipulation, ambulation and rest;

DHS 82.02(1)(b)(b) Activities relating to home and household management, including preparing meals, shopping and chores, personal housekeeping, using the telephone, managing one’s personal finances, and health care activities including taking medicine, applying or changing dressings and using a medical device; and

DHS 82.02(1)(c)(c) Activities involving movement about in one’s community, for purposes that include accessing and participating in vocational, recreational and social activities in the community with other members of the community.

DHS 82.02(2)(2) “Adult family home” or “home” means a private residence in which care and maintenance above the level of room and board, but not including nursing care provided by the sponsor, are provided to developmentally disabled adults by a person whose primary domicile is that residence, provided that both of the following conditions apply:

DHS 82.02(2)(a)(a) The residence was licensed under s. 48.62, Stats., and ch. DCF 56 as a foster home and all current adult residents resided in the residence at least 12 months before they reached 18 years of age or replaced former adult residents who resided in the residence sometime during the previous 12 months and who left the residence on a permanent basis; and

DHS 82.02(2)(b)(b) There are 3 or 4 developmentally disabled residents, or more than 4 if all are siblings, or the sponsor is currently licensed as a foster home for children and there is a combined total of no more than 4 developmentally disabled adults and children residing there, or more than 4 if all adults or all children are siblings.

DHS 82.02(3)(3) “Certifying agency” means a county agency that elects to certify adult family homes located in the county or an agent of a county agency who does not also place residents in any type of residential placement or facility or provide placement assistance services and who is authorized by a county agency to certify adult family homes located in the county, or the department in a county where no county agency has elected to certify adult family homes or to designate an agent to certify adult family homes.

DHS 82.02(4)(4) “County agency” means a county department of social services established under s. 46.215 or 46.22, Stats., a county department of human services established under s. 46.23, Stats., a county department of community programs established under s. 51.42, Stats., or a county department of developmental disabilities services established under s. 51.437, Stats.