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.

DHS 82.02(5)(5) “Department” means the Wisconsin department of health services.

DHS 82.02(6)(6) “Developmental disability” has the meaning prescribed in s. 51.01 (5), Stats.

DHS 82.02(7)(7) “Household member” means any person living in an adult family home, including any resident. “Household” means all household members.

DHS 82.02(8)(8) “Nursing care” means services and procedures provided by a registered nurse licensed under ch. 441, Stats., or which require the direct supervision of a registered nurse licensed under ch. 441, Stats.

DHS 82.02(9)(9) “Permanent basis” means that a resident of an adult family home has attained 18 years of age, has physically moved himself or herself and his or her possessions out of the home, has established a new residence where he or she intends to remain and has been terminated from the adult family home by the sponsor under s. DHS 82.08.

DHS 82.02(10)(10) “Private residence” or “residence” means a house or apartment rented or owned by the sponsor, lived in by the sponsor and not used by the sponsor or anyone else for any business purpose which regularly brings customers to the home so that the residents’ use of the home as their residence or the residents’ privacy is adversely affected.

DHS 82.02(11)(11) “Referring agency” means the agency responsible for placing a resident in an adult family home.

DHS 82.02(12)(12) “Resident” means a person who resides in the home and receives care and maintenance provided by the sponsor or substitute provider.

DHS 82.02(13)(13) “Service coordinator” means the person who has primary responsibility for arranging, coordinating, managing and monitoring the care and services needed by a resident, including services provided outside of the adult family home.

DHS 82.02(14)(14) “Sponsor” means the person certified to operate an adult family home who is responsible for the home, whose primary domicile is the home and who provides care and maintenance to residents of the home.

DHS 82.02(15)(15) “Substitute provider” means a person designated by the sponsor to operate and take full responsibility for the adult family home when the sponsor is temporarily absent and cannot provide services or needed supervision.

DHS 82.02(16)(16) “Voluntary” means according to a resident’s free choice if the resident is competent, or by choice of the resident’s guardian if the resident is under guardianship.

DHS 82.02 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; corrections in (2) (a) and (5) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.

DHS 82.03(1)(1) Certification requirements. No person may operate an adult family home unless a certifying agency certifies that the home is in compliance with all requirements of s. 50.032, Stats., and this chapter.

DHS 82.03(2)(2) Application for certification.

DHS 82.03 NoteNote: To obtain a copy of the application form, contact the certifying agency in the county in which the prospective family home is located or write or call: Resident Care Review Section, Bureau of Quality Assurance, Division of Disability and Elder Services, P.O. Box 2969, Madison, WI 53701-0309; (608) 266-8481.

DHS 82.03(2)(b)(b) No applicant previously denied certification or whose certificate was revoked may reapply for certification within 2 years after the effective date of the notice of denial or revocation unless the applicant documents to the satisfaction of the certifying agency that the condition which caused the denial or revocation has been corrected.

DHS 82.03(2)(c)(c) Before an applicant for an initial certificate may be certified to operate an adult family home, the applicant shall submit an application form and any other documentation required by this chapter or requested by the certifying agency to determine whether the applicant complies with this chapter.

DHS 82.03(3)(3) Approval process. The certifying agency shall review the application and supporting documents, interview the applicant and conduct an on-site visit of the home to determine if the requirements for certification set out in this chapter are met. If the requirements for certification set out in this chapter are met, the certifying agency shall issue a certificate of approval to the applicant for the home and shall inform the department that it has issued the certification of approval. If the requirements for certification are not met and, therefore, the certifying agency does not issue a certificate of approval, the applicant and each resident’s service coordinator shall be given notice of the decision not to certify the home. The notice to the applicant shall clearly and concisely state the reasons for not approving the application and shall inform the applicant of the opportunity for an administrative review under sub. (7) of the non-approval decision. The certifying agency shall issue the certificate of approval or the notice of denial within 60 days after having received a complete application, all supporting documents and following the on-site visit.